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

 

 

May 31, 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 Gregory Ford

First Assembly Cornerstone Christian Center

 

 

 

 

Pledge of Allegiance

 

 

 

 

Presentations:

 

 

·         

Calusa Land Trust and Nature Preserve of Pine Island, Inc. Appreciation Resolution

 

 

(Commissioner Janes-#20050722)

 

 

·         

National Trails Day Resolution

 

 

(Commissioner Hall-#20050727)

 

 

·         

Phillip Boutwell Appreciation Resolution

 

 

(Commissioner Judah-#20050728)

 

 

 

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

 

 

9:30 AM

Presentation by Dr. Barbara Kirkpatrick, Mote Marine Laboratory-Red Tide research study findings.  (#20050721-County Manager)

 

 

 

Adjourn


CONSENT AGENDA

May 31, 2005

 

1.

COUNTY ADMINISTRATION

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(A)

ACTION REQUESTED/PURPOSE:

Execute the grant award agreements for the 2004/2005 Lee County Historic Preservation Grant Assistance Program as recommended by Planning Division Staff and the Historic Preservation Board.

WHAT ACTION ACCOMPLISHES:

Allows the county to enter into agreements with the grant recipients who will use funds to rehabilitate historic structures.

MANAGEMENT RECOMMENDATION:

Execute grant award agreements  (#20050599-Planning)

 

5.

HUMAN SERVICES

 

 

(A)

ACTION REQUESTED/PURPOSE:

1) Approve FY2005 budget resolutions for the Supportive Housing Programs awarded to Lee County by the U.S. Department of Housing and Urban Development (HUD) through the Continuum of Care.  2) Authorize Chairman to sign HUD Grant Agreements and provider contracts.

WHAT ACTION ACCOMPLISHES:

Board action is necessary to establish the budget for the new funds and sign the agreements with HUD and the service providers.

MANAGEMENT RECOMMENDATION:

Provides needed services to Lee County’s homeless population.  (#20050699-Human Services)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Approve submission of Lee County’s HUD Fiscal Year 2005 (Lee County FY 2006) Homeless Continuum of Care and Supportive Housing applications.  Authorize Chairman to sign HUD Certifications, Forms, and HUD Consistency with Consolidated Plan Letters.

WHAT ACTION ACCOMPLISHES:

Allows Lee County to apply for funds to assist the county’s homeless.

MANAGEMENT RECOMMENDATION:

Staff recommends approval.  (#20050709-Human Services)

 

6.

INDEPENDENT

 

 

(A)

ACTION REQUESTED/PURPOSE:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $5,320 for Parcel 1026, Veronica S. Shoemaker Blvd. Extension, Project No. 4073, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

Authorizes binding offer to property owner.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested.  (#20050355-County Lands)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Authorize the Division of County Lands to make binding offer to property owner in the amount of $534,000 for Parcel 107, Church Road Widening Project No. 0919 (Hendry County), pursuant to the Purchase Agreement, and authorize 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  (#20050574-County Lands)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Adopt a Resolution of Exchange relating to 1) privately owned property located at 13102 Fifth Street, Fort Myers Shores, and 2) County owned property located in Lehigh Acres; 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.  (#20050615-County Lands)

 

 

(D)

ACTION REQUESTED/PURPOSE:

Approve Purchase Agreement for acquisition of Parcel 203SE Corkscrew Road Service Area (CRSA) MSBU Road Widening Project No. 4723, in the amount of $18,029; authorize the Chairman to execute the Slope/Restoration Easement; authorize payment of costs to close and the Division of County Lands to handle all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

Acquisition of property necessary for the Corkscrew Road widening, Project No. 4723.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested.  (#20050627-County Lands)

 

 

(E)

ACTION REQUESTED/PURPOSE:

Accept ten Quit-Claim Deeds for right-of-way necessary for the Harbor Drive Road Paving MSBU for pavement of Harbor Drive; authorize the Division of County Lands to handle and accept all documentation necessary; authorize payment of recording fees.

WHAT ACTION ACCOMPLISHES:

Acquisition of right-of-way via Quit-Claim Deeds from benefited property owners.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested.  (#20050648-County Lands)

 


(F)

ACTION REQUESTED/PURPOSE:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of  $1,878,024 for Parcel 106, Estero Parkway Extension, Project No. 5021, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete transaction.  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.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested.  (#20050658-County Lands)

 

 

(G)

ACTION REQUESTED/PURPOSE:

Authorize: 1) the Division of County Lands to make a binding offer to property owner in the amount of $82,455 for Parcel 240, 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  (#20050659-County Lands)

 

 

(H)

ACTION REQUESTED/PURPOSE:

Approve award of Formal Proposal No. P-050259 Cellular Telephone Service for Lee County, to the highest rated vendor meeting specifications, Sprint, per the attached Lee County Evaluation Sheet.  The initial term of this proposal is two years; also request authority to renew this proposal for three additional one-year periods, at the same terms and conditions, if in the best interest of Lee County; and to exercise the price adjustment 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 county estimates expending approximately $600,000 annually for cellular telephone service.

WHAT ACTION ACCOMPLISHES:

Allows Lee County to obtain cellular telephone services on an as-needed basis for the various departments/divisions.

MANAGEMENT RECOMMENDATION:

Per the evaluation committee “Approved as stated”.  (#20050663-ITG)

 

 

(I)

ACTION REQUESTED/PURPOSE:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of  $535,024 for Parcel 100, Estero Parkway Extension, Project No. 5021, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete transaction.  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.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested.  (#20050664-County Lands)

 

 

(J)

ACTION REQUESTED/PURPOSE:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of  $747,780 for Parcel 102 A & B, Estero Parkway Extension, Project No. 5021, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete transaction.  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.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested.  (#20050665-County Lands)

 

 

(K)

ACTION REQUESTED/PURPOSE:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $355,000 for Parcel 105, Estero Parkway Extension, Project No. 5021, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete transaction.  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.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested.  (#20050666-County Lands)

 

 

(L)

ACTION REQUESTED/PURPOSE:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $8,900 for Parcel 1029 & 1031, Veronica S. Shoemaker Blvd. Extension, Project No. 4073, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

Authorizes binding offer to property owner.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested.  (#20050667-County Lands)

 

 

(M)

ACTION REQUESTED/PURPOSE:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $7,400 for Parcel 1028, Veronica S. Shoemaker Blvd. Extension, Project No. 4073, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

Authorizes binding offer to property owner.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested.  (#20050668-County Lands)

 

 

(N)

ACTION REQUESTED/PURPOSE:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $8,300 for Parcel 1027, Veronica S. Shoemaker Blvd. Extension, Project No. 4073, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

Authorizes binding offer to property owner.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested.  (#20050669-County Lands)

 

 

(O)

ACTION REQUESTED/PURPOSE:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $4,900 for Parcel 1030, Veronica S. Shoemaker Blvd. Extension, Project No. 4073, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

Authorizes binding offer to property owner.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested.  (#20050670-County Lands)

 

 

(P)

ACTION REQUESTED/PURPOSE:

Authorize: 1) the Division of County Lands to make a binding offer to property owner in the amount of $116,150 for Parcel 226, 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  (#20050673-County Lands)

 

 

(Q)

ACTION REQUESTED/PURPOSE:

Approve the establishment of the Evidence Facility project for $6,000,000, consisting of land costs of $1,379,000 and building costs of $4,621,000.  Also, approve Purchase Agreement for the acquisition of the Tract 11, D75 Commerce Center Parcel, located on Intercom Drive, Fort Myers (Parent Tract STRAP No. 22-45-25-00-00007.0010) in the amount of $1,359,000, pursuant to the terms and conditions set forth in the Purchase Agreement.  Authorize payment of costs to close and the Division of County Lands to handle and accept all documentation necessary to complete this transaction.  Also, approve Budget Transfer and Budget Resolution to move $1,379,000 from General Fund Reserves to the Capital Improvement Fund to fund the land purchase for the Evidence Facility project and amend FY 04/05-08/09 CIP accordingly.

WHAT ACTION ACCOMPLISHES:

The purchase of the property necessary for the Sheriff’s evidence storage facility and establishes the CIP project of $6,000,000.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested.  (#20050678-County Lands)

 

 

(R)

ACTION REQUESTED/PURPOSE:

Approve the Florida Communities Trust (FCT) Grant Award Calculation Statement and Declaration of Restrictive Covenants for the County to receive a FCT grant award of up to 40% of the acquisition expenses in the amount of $2,529,994.98 for the Conservation 20/20 addition to the Wild Turkey Strand Preserve acquired site #200.  Authorize the Division of County Lands and/or the Department of Parks and Recreation to handle all documentation necessary to complete the final requirement of the Grant Contract Number 05-CT-E5-04-F4-A1-031.  Approve Budget Amendment Resolution in the amount of $2,529,995.

WHAT ACTION ACCOMPLISHES:

This action will allow the funds, as allocated on the Calculation Statement, to be dispersed from FCT to the County.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested.  (#20050684-County Lands)

 

7.

PUBLIC SAFETY

 

 

(A)

ACTION REQUESTED/PURPOSE:

Authorize acceptance of a Subgrant Agreement with the State of Florida, Department of Community Affairs and the Lee County Board of County Commissioners, in the amount of $215,000 to purchase an Andros F6A Bomb Robot.  Approve budget resolution in like amount.

WHAT ACTION ACCOMPLISHES:

Provides financial support to Lee County to purchase an Andros F6A Bomb Robot and EOD robot batteries to meet objectives contained in the state’s Domestic Security Strategy.

MANAGEMENT RECOMMENDATION:

Staff recommends acceptance of the Federally-Funded Subgrant Agreement.  (#20050672-Emergency Management)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(A)

ACTION REQUESTED/PURPOSE:

Authorize the Solid Waste Division to add one fleet mechanic position and service vehicle to be managed and supervised by Fleet Management.  This position will maintain rolling stock and heavy equipment for the Solid Waste Division and will likely be based at the Lee/Hendry Landfill.  Approve transfer of reserves in the amount of $124,213.00 from Solid Waste reserves.

WHAT ACTION ACCOMPLISHES:

This position will allow the rolling stock and equipment operated within and between the two Counties to be maintained more efficiently by reducing the turn-around time for fleet services.

MANAGEMENT RECOMMENDATION:

County Staff recommends Board approve the Action Requested.  (#20050710-Solid Waste)

 

9.

TRANSPORTATION

 

 

(A)

ACTION REQUESTED/PURPOSE:

Approve Supplemental Task Authorization No. 6 to Johnson Engineering, Inc. in the amount of $71,785.00 under CN-03-07 MISCELLANEOUS PROFESSIONAL SERVICES, Contract No. 2492, for Eastbound to Northbound Dual Left lanes at Summerlin & McGregor.  This CIP project was anticipated and funds are available within the budget.

WHAT ACTION ACCOMPLISHES:

Provides Lee County with an engineer for the preparation of plans and specification necessary to comply with the Lee County Department of Transportation and the Florida Department of Transportation.

MANAGEMENT RECOMMENDATION:

Approval recommended.  (#20050655-Transportation)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Approve Project # PB050471, for the Lee County Transportation Department (Sign Shop Section), for the utilization (piggyback) of the Osceola County’s Bid # A/R#05-412-TM, which has gone through their competitive bidding process, for the purchase of Sign Sheeting Material from the 3M Company, for the unit prices as listed on the awarded vendor’s quote.  This bid was awarded for one year from 2/21/05 to 2/21/06, and can be renewed upon agreement of both parties.  Also request permission to continue to utilize this piggyback for any renewal periods between Osceola County and the awarded vendor.  For general information, the Transportation Department (Sign Shop) estimates spending approximately $275,000.00 for sign sheeting material on an annual basis.  The requesting department will be responsible for monitoring their individual expenditures.

WHAT ACTION ACCOMPLISHES:

Allows the Transportation Department (Sign Shop) to purchase sign sheeting material in a cost effective, efficient, and timely manner.

MANAGEMENT RECOMMENDATION:

Staff recommends approval.  (#20050674-Transportation)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Authorize the Chairman to execute a Conservation Easement to the South Florida Water Management District (SFWMD) in relation to new construction on the Sanibel Causeway.

WHAT ACTION ACCOMPLISHES:

Sets aside certain lands in a conservation easement and complies with the County’s permit issued by the SFWMD.

MANAGEMENT RECOMMENDATION:

Approve  (#20050691-Transportation)

 

 

(D)

ACTION REQUESTED/PURPOSE:

Approve and execute the Proposal and Quote in the amount of $1,269,833.00 from Seminole Gulf Railway LP for rehabilitation and widening of the Alico Road Crossing #3, installation of new signal at Alico Road Crossing #3, removal and replacement of track necessary to facilitate installation of two box culverts within the Alico Road Conveyance Ditch, and reconstruction and widening of Gator Road Crossing.  Execute License Agreements for crossings at Gator Road and Haitian Road.

WHAT ACTION ACCOMPLISHES:

Allows for the reconstruction of Crossing #3 on Alico Road, upsizing of box culverts under the railroad siding that crosses the Alico Road Conveyance Ditch, reconstruction of the Gator Road crossing to accommodate three lanes of traffic, and reconstruction of Haitian Road to allow access.

MANAGEMENT RECOMMENDATION:

Approve and execute the Proposal and Quote and execute the License Agreements.  (#20050720-Transportation)

 

10.

UTILITIES

 

 

(A)

ACTION REQUESTED/PURPOSE:

Approve construction of the water and gravity main extensions serving Corkscrew Commercial Park.  This is a Developer Contributed asset project located on the southwest corner of I-75 and Corkscrew Road.

WHAT ACTION ACCOMPLISHES:

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

MANAGEMENT RECOMMENDATION:

Lee County Utilities requests that the County Manager’s office recommend approval of this item.  (#20050139-Utilities)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Approve construction of water distribution and gravity collection systems serving Hidden Harbor, to provide potable water service, fire protection and sanitary sewer service to this proposed residential subdivision.  This is a Developer Contributed asset project located approximately 1,600’ west of US 41 and Alico Road.

WHAT ACTION ACCOMPLISHES:

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

MANAGEMENT RECOMMENDATION:

Lee County Utilities requests that the County Manager’s office recommend approval of this item.  (#20050425-Utilities)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Approve final acceptance by Resolution as a donation of one (1) 6” diameter fire line serving Mercantile Commerce Center to provide fire protection to the recently constructed light-industrial project.  This is a developer contributed asset project located on the north side of Mercantile Street approximately ½ mile northwest of Bayshore Road.

WHAT ACTION ACCOMPLISHES:

Places the fire line into operation and complies with the Lee County Utilities Operations Manual.

MANAGEMENT RECOMMENDATION:

Lee County Utilities requests that the County Manager’s office recommend approval of this item.  (#20050547-Utilities)

 

 

(D)

ACTION REQUESTED/PURPOSE:

Approve construction of water and gravity main extensions serving Bella Terra, Phase 3D to provide potable water service, fire protection and sanitary sewer service to this phase of the proposed residential development. This is a Developer contributed asset project located on the south side of Corkscrew Road approximately one mile east of Wildcat Run.

WHAT ACTION ACCOMPLISHES:

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

MANAGEMENT RECOMMENDATION:

Lee County Utilities requests that the County Manager’s office recommend approval of this item.  (#20050548-Utilities)

 

 

(E)

ACTION REQUESTED/PURPOSE:

Approve construction of a force main serving Crestwell Higher Learning School to provide sanitary sewer service to this existing private school.  This is considered a Developer Contributed asset project located on the north side Park Meadow Drive  approximately 1/3 of a mile west of US 41South.

WHAT ACTION ACCOMPLISHES:

Provides adequate utility infrastructure to allow for the school to abate the existing septic systems and complies with the Lee County Utilities Operations Manual.

MANAGEMENT RECOMMENDATION:

Lee County Utilities requests that the County Manager’s office recommend approval of this item.  (#20050549-Utilities)

 

 

(F)

ACTION REQUESTED/PURPOSE:

Approve construction of two 10” diameter master meter assemblies serving International Center, Tract ‘D’, McGarvey Charter School and Light Industrial Complex, which will provide potable water service and fire protection this proposed school and industrial complex. This is a Developer Contributed asset project located on the northeast corner of Plantation Road and International Center Boulevard.

WHAT ACTION ACCOMPLISHES:

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

MANAGEMENT RECOMMENDATION:

Lee County Utilities requests that the County Manager’s office recommend approval of this item.  (#20050550-Utilities)

 

 

(G)

ACTION REQUESTED/PURPOSE:

Approve Supplemental Task Authorization (STA) No. 1 to CPH Engineers, Inc., under CN-04-14 MISCELLANEOUS UTILITY ENGINEERING DESIGN AND/OR INSPECTION SERVICES: Proposed Utility Adjustments for Summerlin Road Improvements (Cypress Lake to Boy Scout), Contract No. 2929, in the amount of $59,715.00. This project was in the CIP and funds are available within the budget.

WHAT ACTION ACCOMPLISHES:

Proposed utility adjustments for Summerlin Road Improvements (Cypress Lake to Boy Scout).

MANAGEMENT RECOMMENDATION:

Staff recommends approval.  (#20050649-Utilities)

 

 

(H)

ACTION REQUESTED/PURPOSE:

Approve award of Formal Quotation No. Q-050300 Annual Purchase of Sodium Hydroxide – 25% & 50% for Utilities, to the low quoters meeting specifications, Univar USA for the 50% and Allied Universal for the 25%, at the prices as listed on the attached Lee County Tabulation Sheet (and accepting the modification as listed in Univar’s quotation which Utilities has determined to be minor and acceptable).  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. In the event that the low quoter is unable to establish the effectiveness of their product, request the Purchasing Director be given authority to act on behalf of the Board in the event of vendor non-compliance so that the Purchasing Director can proceed to the next low quoter(s).  Funding will be available from the individual department or division’s budget whom will be responsible for monitoring their individual expenditures.  Utilities estimates expending approximately $470,000 for the 50% and $10,000 for the 25% on an annual basis.

WHAT ACTION ACCOMPLISHES:

Provides Utilities with reliable sources of sodium hydroxide to maintain its facilities throughout Lee County.

MANAGEMENT RECOMMENDATION:

Approve as stated.  (#20050695-Utilities)

 

11.

PARKS AND RECREATION

 

 

(A)

ACTION REQUESTED/PURPOSE:

Approve award of Formal Quotation No. Q-050238 Landscape Maintenance for the Boston Red Sox/City of Palms Park, Boston Red Sox Player Developmental Center and Lakes Park (No Mowing) for the Parks and Recreation Department, to the overall low quoter meeting specifications, Roos Bros 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.  Parks estimates expending approximately $75,000 annually for landscaping.

WHAT ACTION ACCOMPLISHES:

Allows Parks and Recreation to obtain landscaping services on an as-needed basis.

MANAGEMENT RECOMMENDATION:

“Approved as stated”  (#20050608-Parks and Recreation)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Waive parking fees at Caloosahatchee Regional Park, Hickey’s Creek Mitigation Park, Manatee Park, and Six Mile Cypress Slough Preserve in honor of National Trails Day on Saturday, June 4th, 2005.

WHAT ACTION ACCOMPLISHES:

Board approval is necessary to waive fees.

MANAGEMENT RECOMMENDATION:

Approve waiving of parking fees.  (#20050647-Parks and Recreation)

 

12.

COUNTY ATTORNEY

 

 

(A)

ACTION REQUESTED/PURPOSE:

Direct a non-emergency ordinance creating the Sail Harbour Community Development District to public hearing on August 2, 2005 at 9:30 a.m., or as soon thereafter as it may be heard, in the Commission Chambers.

WHAT ACTION ACCOMPLISHES:

Allows for public input.

MANAGEMENT RECOMMENDATION:

Approve.  (#20050585-County Attorney)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Adopt a Supplemental Resolution approving the issuance of Lee County Industrial Development Authority Private Activity Utility System Revenue Bonds, Series 2005 (North Fort Myers Utilities, Inc. Project) for the benefit of North Fort Myers Utilities, Inc., in an initial aggregate principal amount not to exceed $20,130,000.00 for the primary purpose of (i) financing the acquisition, construction and equipping of certain capital improvements (the “2005 Project”) to its wastewater utility system, (ii) refinancing outstanding indebtedness of the Borrower including, but not limited to, all or a portion of the Authority’s outstanding Sewer Industrial Development Revenue Bonds, Series 1995A (North Fort Myers Utility Project) (the “Refunded Bonds”), the proceeds of which were used by the Borrower to refund certain outstanding indebtedness and construct and equip certain capital improvements to the Utility System for its service area, (iii) funding any necessary reserves and paying costs associated with the issuance of the Series 2005 Bonds, and (iv) funding the acquisition of the Heron’s Glen Utility System in Lee County with certain capital improvements related thereto.

WHAT ACTION ACCOMPLISHES:

Provides Board consideration of proposed Industrial Development Authority Bonds as required by Internal Revenue Code and Florida Statutes.  Board approval will authorize and adopt the approving Bond Issuance Resolution.

MANAGEMENT RECOMMENDATION:

Approve the adoption of the Supplemental Resolution with all stated terms and conditions.  (#20050716-County Attorney)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Approve an amendment to the County’s contract with the law firm of Williams Mullen (Washington, D.C.; Stuart Broom, Esq.).  The amendment is to increase the hourly rates for the Williams Mullen attorneys, which have been unchanged for the past three (3) years.

WHAT ACTION ACCOMPLISHES:

Provides a reasonable increase to the discounted rates provided to the County by the Williams Mullen law firm for assistance with the Solid Waste Division and the construction of the new Third Unit to the Waste-to-Energy Facility.

MANAGEMENT RECOMMENDATION:

Approve the requested increase to the Williams Mullen contract rates as outlined in Exhibit “A” to Stuart Broom’s April 19, 2005 letter.  (#20050719-County Attorney)

 

 

(D)

ACTION REQUESTED/PURPOSE:

Adopt a Resolution approving the issuance of Lee County Industrial Development Authority Private Activity Variable Rate Demand Revenue Bonds, Series 2005 (Shady Rest Care Pavilion, Inc. Project) for the benefit of Shady Rest Care Pavilion, Inc., a Florida not-for-profit corporation, in an initial aggregate principal amount not to exceed $7,000,000.00 for the primary purposes of (i) financing the cost of the acquisition of the land and buildings related to a 180-bed skilled nursing facility located at 2310 North Airport Road, Fort Myers, Florida 33907 (the “Project”), and (ii) financing costs associated with the issuance of the Series 2005 Bonds.

WHAT ACTION ACCOMPLISHES:

Provides Board consideration of proposed Industrial Development Authority Bonds as required by Internal Revenue Code and Florida Statutes.  Board approval will authorize and adopt the approving Bond Issuance Resolution.

MANAGEMENT RECOMMENDATION:

Approve the adoption of the Resolution with all stated terms and conditions.  (#20050724-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  (#20050686-Clerk of Courts)

 

 

(B)

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  (#20050690-Clerk of Courts)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant-Rybacki.  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  (#20050712-Clerk of Courts)

 

 

(D)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant-Mumma.  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  (#20050717-Clerk of Courts)

 


ADMINISTRATIVE AGENDA

May 31, 2005

 

1.

COUNTY ADMINISTRATION

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

9.

TRANSPORTATION

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(A)

ACTION REQUESTED/PURPOSE:

Authorize proposal for settlement in Lee County v. Hinks, et al., Case No. 02-8386-CA.  Also, approve transfer from reserves from Transportation Facilities/Cape/Midpoint surplus in the amount of $12,500 and amend the FY05-09 Capital Improvement Program.

WHAT ACTION ACCOMPLISHES:

Makes proposals for settlement as authorized by Rule 1.442, Fla. R. Civ. P.

MANAGEMENT RECOMMENDATION:

Authorize proposals for settlement.  (#20050692-County Attorney)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Authorize proposal for settlement in Lee County v. VLP, LLC, et al., Case No. 03-2553-CA, Parcel 103.

WHAT ACTION ACCOMPLISHES:

Authorizes proposal for settlement as authorized by Rule 1.442, Fla. R. Civ. P.

MANAGEMENT RECOMMENDATION:

Authorize proposal for settlement.  (#20050693-County Attorney)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Authorize proposal for settlement in Lee County v. VLP, LLC, et al., Case No. 03-2553-CA, Parcel 104.

WHAT ACTION ACCOMPLISHES:

Authorizes proposal for settlement as authorized by Rule 1.442, Fla. R. Civ. P.

MANAGEMENT RECOMMENDATION:

Authorize proposal for settlement.  (#20050696-County Attorney)

 

 

(D)

ACTION REQUESTED/PURPOSE:

Authorize proposal for settlement in Lee County v. Williams, Case No. 03-2622-CA, Parcels 145 – 148, 150 – 152, 163.

WHAT ACTION ACCOMPLISHES:

Authorizes proposal for settlement as authorized by Rule 1.442, Fla. R. Civ. P.

MANAGEMENT RECOMMENDATION:

Authorize proposal for settlement.  (#20050697-County Attorney)

 

 

(E)

ACTION REQUESTED/PURPOSE:

Adopt resolution updating Administrative Code 13-12, pertaining to the Housing Density Bonus Program.

WHAT ACTION ACCOMPLISHES:

Updates Administrative Code to reflect current procedures and Land Development Code references.

MANAGEMENT RECOMMENDATION:

Adopt resolution (#20050698-County Attorney)

 

 

(F)

ACTION REQUESTED/PURPOSE:

Authorize proposals for settlement in Lee County v. Idlette, et al., Case No. 03-3060-CA, Parcels 143, 144 and 153.

WHAT ACTION ACCOMPLISHES:

Makes proposals for settlement to owners of parcels 143, 144 and 153.

MANAGEMENT RECOMMENDATION:

Authorize proposals for settlement.  (#20050701-County Attorney)

 

 

(G)

ACTION REQUESTED/PURPOSE:

Authorize proposal for settlement in Lee County v. Whitehead, Case No. 04-1346-CA, Parcels 113, 113A and 121.

WHAT ACTION ACCOMPLISHES:

Makes proposal for settlement as authorized by Rule 1.442, Fla. R. Civ. P.

MANAGEMENT RECOMMENDATION:

Make proposal for settlement.  (#20050702-County Attorney)

 

 

(H)

ACTION REQUESTED/PURPOSE:

Elect three (3) members of the Board of County Commissioners to serve on the 2005 Value Adjustment Board and direct an organizational meeting of the Board to be held in July, 2005.

WHAT ACTION ACCOMPLISHES:

Establishes Board of County Commissioners membership for the 2005 Value Adjustment Board.

MANAGEMENT RECOMMENDATION:

Management recommends Board approval of the Action Requested.  (#20050708-County Attorney)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS

 

  

WALK ON AGENDA
May 31, 2005
 

Walk On

 

ACTION REQUESTED/PURPOSE:
Request Board ratify appointment of Mr. Daniel J. Baggot to the Airports Special Management Committee.  (Port Authority)

REASON FOR WALK ON:
The Board of Port Commissioners must ratify the appointment of Mr. Daniel J. Baggot to the Airport Special Management Committee prior to the Airport Special Management Committee meeting later that same day.