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

 

 

August 30, 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

Reverend Dennis Gingerich

Cape Christian Fellowship

 

 

 

 

Pledge of Allegiance

 

 

 

 

Presentations:

CP 1

 

·          

Library Card Sign-up Month Resolution

 

 

(Commissioner St. Cerny-#20051161)

 

 

 

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

 

 

10:00 AM

ACTION REQUESTED/PURPOSE:

Receive the bi monthly briefing as part of the joint consultation between the SFWMD and the Lee BOCC.  (#20051176-Smart Growth)

 

 

 

 

Commissioners' Items/Committee Appointments

 

 

 

County Manager Items

 

 

 

County Attorney Items

 

 

 

Adjourn


CONSENT AGENDA

August 30, 2005 

 

1.

COUNTY ADMINISTRATION

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(A)

ACTION REQUESTED/PURPOSE:

Execute contract with both the Bonita Springs Housing Development Corporation and the Lee County Housing Development Corporation for $100,000 to cover start up and administrative expenses associated with the establishment and implementation of a Community Land Trust.

WHAT ACTION ACCOMPLISHES:

Allows the county to enter into an agreement with these two non-profit organizations so that they can start up a Community Land Trust, which will also be a non-profit organization.

MANAGEMENT RECOMMENDATION:

Execute the contract.  (#20051029-Planning)

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

 

(A)

ACTION REQUESTED/PURPOSE:

Accept Quit-Claim Deed 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.

WHAT ACTION ACCOMPLISHES:

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

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested.  (#20051155-County Lands)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Approve the award of Project EX050690, the purchase of Laboratory Equipment, for Utilities and other County Departments on an as needed basis at Florida State Contract pricing.  Current expenditures are exceeding $50,000 for the current fiscal year.  Florida State Contract 490-000-03-1 is in effect until April 30, 2006.  Approval is also requested for Utilities and other departments to purchase from this contract for as long as it is in place; and from any new state contracts that would replace this current contract once it expires. Countrywide expenditures are estimated to be approximately $100,000 annually.  Funding will come from the individual division’s budget and they will be responsible for monitoring their own expenditures.

WHAT ACTION ACCOMPLISHES:

Authorizes Utilities and other departments to exceed the $50,000 limit for purchasing Laboratory Equipment.
MANAGEMENT RECOMMENDATION:
Approve as stated.  (#20051159-Purchasing)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Authorize the Division of County Lands to make binding offer to property owner in the amount of $40,800 for Parcel 106A, B & C, 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.  (#20051121-County Lands)

 

 

(D)

ACTION REQUESTED/PURPOSE:

Request Board approve addendum number one to the lease agreement with Greyhound Lines, Inc, to reduce the space leased to Greyhound, maintain the current rent received of $10,917 annually and extend the lease through October 31, 2010.

WHAT ACTION ACCOMPLISHES:

Extends the existing lease agreement through October 31, 2010, maintains the current rental rate from Greyhound, and reduces the amount of space leased to Greyhound by approximately 140 S.F.

MANAGEMENT RECOMMENDATION:

Recommend approval of the addendum to the lease agreement.  (#20050730-Transit)

 

7.

PUBLIC SAFETY

 

 

(A)

ACTION REQUESTED/PURPOSE:

Approve Interlocal Agreement between Lee County and Lehigh Acres Fire Control and Rescue District.

WHAT ACTION ACCOMPLISHES:

Creates a partnership with Lehigh Acres Fire Control and Rescue District to provide staff to operate emergency public shelter(s).

MANAGEMENT RECOMMENDATION:

Staff recommends approval.  It will assist the county’s Emergency Management Program in providing adequate personnel necessary to activate County managed emergency public shelters.  (#20051146-Emergency Management).

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(A)

ACTION REQUESTED/PURPOSE:

Approve and authorize the Chairman to sign the “Interconnection System Impact Study Agreement” with Florida Power & Light (FPL) that includes a payment of $50,000.00 deposit to FPL for its performance of the interconnection Feasibility Study.

WHAT ACTION ACCOMPLISHES:

Allows FP&L to initiate the necessary review to determine impacts to its transmission system for the connection of the WTE Expansion Project generator.
MANAGEMENT RECOMMENDATION:

Staff recommends approval  (#20051175-Solid Waste)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Approve award of formal quotation (RFP B&R 2661-SE 203B) and issuance of a purchase order to Eaton Electrical/Cutler Hammer, the low priced proposer, meeting all specification requirements for the 15 kV Swithgear and Bus Duct in the not to exceed amount of $329,851.00.  Authorize Staff to negotiate a discount to this purchase price, if in the best interest of the County, and in combination with the vendor’s proposal on the 5 kV and 480V switchgear.
WHAT ACTION ACCOMPLISHES:

Provides the necessary 15 kV high voltage switchgear for the Waste To Energy Expansion Project.

MANAGEMENT RECOMMENDATION:

 Staff recommends approval of this request.  (#20051170-Solid Waste)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Approve award of formal quotation (RFP B&R 2661-SM118) and issuance of a purchase order to Flowserve Pump Division, the low priced proposer, meeting all specification requirements for two (2) condensate pumps in the not to exceed amount of $74,654.00 that includes an allowance of $4,000.00 for field technician service.

WHAT ACTION ACCOMPLISHES:

Provides the necessary condensate pumps for the Waste To Energy Expansion Project.

MANAGEMENT RECOMMENDATION:

Staff recommends approval of this request.  (#20051169-Solid Waste)

 

 

(D)

ACTION REQUESTED/PURPOSE:

Approve listing of nine (9) Mandatory Garbage Hardship Payment Deferral requests for Fiscal Year 05/06, October 1, 2005 through September 30, 2006. Approved listing will be submitted to the Property Appraiser for proper notation on the solid waste roll, and the Solid Waste Division will record a lien against the applicant’s property.

WHAT ACTION ACCOMPLISHES:

Defers payment, and provides for the recording of liens under the Mandatory Garbage Hardship Deferral Program.

MANAGEMENT RECOMMENDATION:
Approve attached listing of Mandatory Garbage Hardship Payment Deferral requests for Fiscal Year 05-06.  (#20051160-Solid Waste)

 

9.

TRANSPORTATION

 

 

(A)

ACTION REQUESTED/PURPOSE:

Approve award of Project #EX050667, for the purchase of six (6) International dump trucks for the Department of Transportation, from International Truck and Engine Corporation, at the prices given in Florida State Contract #070-700-05-1 – grand total price (including non-contract options); $320,676.

WHAT ACTION ACCOMPLISHES:

Will provide the Department of Transportation with new reliable dump trucks to haul dirt and other materials as needed throughout Lee County.  They replace asset numbers #019553, 019684, 019685, 19554, 019682 & 019683 that have met all of Fleet Management’s replacement criteria (please see Attachment #3)

MANAGEMENT RECOMMENDATION:
Approve as stated. (#20051137 – Transportation)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Approve award of Project #EX050672, for the purchase of one (1) International truck, cab and chassis with the trash style body from International Truck & Engine Corporation for the Department of Transportation, at the prices given in Florida State Contract #070-700-05-1. – grand total price (including non-contract options): $62,221.

WHAT ACTION ACCOMPLISHES:

Will provide the Department of Transportation with a new trash style truck to haul debris, sod, mulch, dirt, plants and equipment to locations throughout Lee County.  This new truck will replace asset number #019573 which has met Fleet Management’s replacement criteria (please see Attachment #3).

MANAGEMENT RECOMMENDATION:

Approve as stated.  (#20051139-Transportation)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Approve a Joint Supplemental Interlocal Agreement between Bonita Springs and Lee County under its Master Transportation System Agreement for the East Terry Street Debt Service Payments. Also, approve budget amendment resolution in the amount of $290,998.00.

WHAT ACTION ACCOMPLISHES:

Allows County to enter into Interlocal Agreement with the City of Bonita Springs to accept debt service payments from the City of Bonita Springs for improvements made to East Terry Street.

MANAGEMENT RECOMMENDATION:

Approve.  (#20051128-Transportation)

 

10.

UTILITIES

 

 

(A)

ACTION REQUESTED/PURPOSE:

Authorize the Chairman, on behalf of the BOCC, to approve Change Order No. 2 to Contract 2829 with Westra Construction Corporation for B-04-18, Green Meadows Chlorine System.

WHAT ACTION ACCOMPLISHES:

Provides funding and formal approval for corrective activities needed for unforeseen conditions, and to correct existing Plant deficiencies.
MANAGEMENT RECOMMENDATION:
Lee County Utilities requests that the County Manager’s office recommend approval of this item.  (#20051115-Utilities)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Approve final acceptance, by Resolution and recording of one (1) utility easement as a donation of water distribution and gravity collection systems, one (1) lift station and a force main extension/relocation to provide potable water service, fire protection and sanitary sewer service to Crown Colony, Phase III, a phased residential development.  This is a Developer Contributed asset project located on the east side of Winkler Road, approximately 1 mile south of Summerlin Road.

WHAT ACTION ACCOMPLISHES:

Places the water distribution and gravity collection systems, lift station and force main 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.  (#20051116-Utilities)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Authorize the Chairman, on behalf of the BOCC to authorize amendments to FY04/05 CIP budget which will be effected by the following transactions:  1) Approve transfer of $7,604,700 to move budget from Sewer Connection Fees Reserves to the Regional Airport Sewer System project; and, 2) Also, approve transfer of $7,604,700 to move budget from the Regional Airport Sewer System project to LCU Capital Improvements Reserves. Adjust FY05-09 CIP accordingly.

WHAT ACTION ACCOMPLISHES:

Utilizes proceeds from the Sewer Connection Fees Reserve Fund to pay for the capital cost constructing such improvements and additions to the facilities of the System for which the Connection Fees were imposed.

MANAGEMENT RECOMMENDATION:

Lee County Utilities recommends/requests approval of this item.  (#20051114-Utilities)

 

11.

PARKS AND RECREATION

 

 

(A)

ACTION REQUESTED/PURPOSE:

Approve award of Project # EX050666, the purchase of one new International truck-tractor for Parks, from International Truck and Engine Corporation, at the prices given in Florida State Contract # 070-700-05-1-grand total price (including non-contract options): $58,641.

WHAT ACTION ACCOMPLISHES:

Provides Parks with a new truck-tractor to transport heavy equipment to various park locations.  The new vehicle replaces asset number 019566 which has reached its life expectancy and has met Fleet Management’s replacement criteria requirements (please see Attachment #3).

MANAGEMENT RECOMMENDATION:

Approve as stated.  (#20051136-Parks and Recreation)

 

12.

COUNTY ATTORNEY

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS

 

 

(A)

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  (#20051174-Clerk of Courts)

 

 

(B)

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  (#20051173-Clerk of Courts)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Extension of the 2005 Tax Roll for mailing and collection in order to provide revenue collection for taxing authorities while Value Adjustment hearings are being held.

WHAT ACTION ACCOMPLISHES:

Allows Tax Collector to mail tax notices prior to the conclusion of the VAB hearings.

MANAGEMENT RECOMMENDATION:

Approve  (#20051164-Tax Collector)

 

 

(D)

ACTION REQUESTED/PURPOSE:

Approve acceptance of FY 2005 Edward Byrne Memorial Justice Assistance Grant Program in the amount of $139,357.

WHAT ACTION ACCOMPLISHES:

Approval will allow the Lee County Sheriff’s Office to submit an online acceptance of the grant award.

MANAGEMENT RECOMMENDATION:

Approve  (#20051142-Sheriff)

 

 

(E)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant-Dimitt.  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 landowner.

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  (#20051181-Clerk of Courts)

 

 

(F)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant- Nonneman.  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 landowner.

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  (#20051182-Clerk of Courts)

 

 

(G)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant- Nonneman.  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 landowner.

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  (#20051183-Clerk of Courts)

 

 

(H)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant- Kent & Longden.  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 landowner.

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  (#20051184-Clerk of Courts)

 

 

(I)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant- Compton.  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 landowner.

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  (#20051185-Clerk of Courts)

 

 

(J)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant- Imburgia.  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 landowner.

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  (#20051186-Clerk of Courts)
 


ADMINISTRATIVE AGENDA

August 30, 2005

  

1.

COUNTY ADMINISTRATION

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(A)

ACTION REQUESTED/PURPOSE:

Approve an agreement with the Page Park Community Club, Inc. to provide public financial support in the development of the Page Park Community Plan.

WHAT ACTION ACCOMPLISHES:

Sets forth requirements for the issuance of Sector Planning funds to the Page Park Community Club for the development of the Page Park Community Plan.

MANAGEMENT RECOMMENDATION:
Approval of the agreement.  (#20051113-Planning)

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

7.

PUBLIC SAFETY

 

 

(A)

ACTION REQUESTED/PURPOSE:

Approve Bid Waiver # W-050691 to waive the formal quotation procedure, and allow Public Safety/EMS to purchase Zoll Medical Cardio-Respiratory Products and Services; including, but not limited to cardiac/respiratory/circulatory monitoring devices, upgrades, ancillary supplies, repairs, maintenance, extended warranties, etc., on an ongoing basis from Zoll Medical Corporation.  A waiver has been requested because Zoll Medical Corporation is a proprietary sole source supplier. (Please see Attachment #3).  Approval is also requested for an annual expenditure not to exceed $300,000.00(please see Attachment #4 Zoll Quotation for materials currently needed).  Funding will come from the individual division/department budget and they will be responsible for monitoring their own expenditures.

WHAT ACTION ACCOMPLISHES:

Allows Public Safety/EMS to purchase cardio-respiratory materials on an as needed basis in order to serve the health care needs of those in distress.
MANAGEMENT RECOMMENDATION:
Approve as stated.  (#20051162-EMS)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

9.

TRANSPORTATION

 

 

(A)

ACTION REQUESTED/PURPOSE:

Waive the formal process for BW-05-12 for the preliminary evaluation to convert and upgrade Lee County’s toll system software to the sole source provider, Transcore, Inc., in the amount of $60,860.00. Authorize the Chairman to execute a service provider agreement..

WHAT ACTION ACCOMPLISHES:

Authorizes the vendor to develop a cost proposal for modifications and enhancements to the proprietary software.

MANAGEMENT RECOMMENDATION:

Staff Recommends Approval.  (#20051124-Transportation)

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(A)

ACTION REQUESTED/PURPOSE:

Adopt resolution amending Administrative Code 13-4 which establishes procedures for the partial reimbursement of school impact fees to providers of low and very low income housing.

WHAT ACTION ACCOMPLISHES:

Amendment is necessary to clarify the Board’s intent expressed at the December 4, 2001 meeting that the City of Sanibel Below Market Housing Program was to benefit from the $50,000 specifically allocated for use by Enterprise Zones in Lee County.
MANAGEMENT RECOMMENDATION:
Approve amendment to Administrative Code.  (#20051151-County Attorney)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS

 

  

WALK ON AGENDA
August 30, 2005
 

Walk On

 

ACTION REQUESTED/PURPOSE:
Approve the Assignment of Contract for the purchase of the Lee County Fisherman’s Cooperative, Inc. parcel from Eva Kinsey Scala, assignor to Lee County, a political subdivision of the State of Florida, assignee, authorize reimbursing assignor $100,000 for contract deposit, and authorize the extension of a 30 day due diligence period and payment of $50,000 for the extension. Also approve budget transfer from Capital Improvement Fund in the amount of $300,000 and amend FY 04/05 – 08/09 CIP for the Fisherman’s Coop Acquisition Project.  Authorize the Division of County Lands to handle and accept all documentation necessary to complete this transaction. 
WHAT ACTION ACCOMPLISHES:
The assignment of the purchase contract and extension of due diligence period for the proposed purchase of the Lee County Fisherman’s Cooperative, Inc. site.
MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested. (#20051213 – County Lands)

REASON FOR WALK ON:
(A) The Board directed all formal actions for this acquisition be scheduled for their approval (Bluesheet No. 20051143), and (B) The first thirty-day extension to the assigned contract needs to be exercised immediately in order to get us past the September 6, 2005 closing date currently in the contract to be assumed.