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

 

 

September 27, 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 Elliott Penn

Fort Myers Christian Center

 

 

 

 

Pledge of Allegiance

 

 

 

 

Presentations:

CP 1

 

·         

Family History Month Resolution 

 

 

Commissioner Albion - (#20051345)

CP 2

 

·         

American Heart Association Presentation to Lee County For being “Heart Ready" (#20051346)

 

 

 

 

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


CONSENT AGENDA

September 27, 2005

 

1.

COUNTY ADMINISTRATION

 

 

(A)

ACTION REQUESTED/PURPOSE:  

Present to the Board for information and filing the Object Code #504015 Expenditure Detail Report for the third quarter of FY04-05 (April through June 2005) as required by Lee County Ordinance #90-18.

WHAT ACTION ACCOMPLISHES:   

Allows Board to monitor expenditures being made by County Departments and Divisions to this object code.

MANAGEMENT RECOMMENDATION: 

Approve (#20051326 – County Administration)

 

 

(B)

ACTION REQUESTED/PURPOSE: 

As required by AC 4-4, approve not-to-exceed expenditure of $3,750,000 for the purchase of excess property and casualty insurance coverage, associated professional fees for the period 10/1/05 – 10/1/06.

WHAT ACTION ACCOMPLISHES: 

Enables the Budget Services/Risk Management to purchase the necessary insurance in order to provide financial protection to the County’s assets against various unexpected property and casualty type losses.

MANAGEMENT RECOMMENDATION: 

Approve  (#20051341 – County Administration)

 

 

(C)

ACTION REQUESTED/PURPOSE: 

Approve not-to-exceed expenditure of $1.5 million for the purchase of excess property insurance in order to insure Lee County Toll Bridges for the period of 10/1/05 - 10/1/06.

WHAT ACTION ACCOMPLISHES: 

Enables the Budget Services/Risk Management to purchase the necessary reinsurance in order to provide the financial protection of County’s assets against various causes of loss to Toll Bridges.

MANAGEMENT RECOMMENDATION: 

Approve  (#20051342 – County Administration)

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

 

(A)

ACTION REQUESTED/PURPOSE:

Approve Purchase Agreement for the acquisition of the property located at 6591 Nursery Lane, Bokeelia, in the amount of $29,000, for the Harbor Drive MSBU Project No.805028, 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.

WHAT ACTION ACCOMPLISHES:

The purchase of road right-of-way necessary for the Harbor Drive Paving MSBU.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested.  (#20051304-County Lands)

 

7.

PUBLIC SAFETY

 

 

(A)

ACTION REQUESTED/PURPOSE:

Approve the issuance of a Tower Antenna Site License Agreement to Nextel South Corp., a Georgia Corporation for space on the County owned tower located on the Florida Gulf Coast University (FGCU) campus at 10501 FGCU Blvd., Ft. Myers, FL 33965.

WHAT ACTION ACCOMPLISHES:

Allows Nextel South Corp to place antennas and related equipment near and upon the communications tower, so that it may provide personal telephonic communications opportunities to local consumers through collocation.

MANAGEMENT RECOMMENDATION:

Staff recommends approval.  (#20051240-Communications)

 

 

(B)

ACTION REQUESTED/PURPOSE: 

Approve the automatic renewal of the Agreement for Support Services, Maintenance Agreement, Contract No. 1622 with Printrak International Inc. for the Public Safety Computer Aided Dispatch (CAD) Records Management System, in the amount of $140,225.00 for a period of one (1) year, effective October 1, 2005 - September 30, 2006.  Authorize the Chairman to execute the Service Agreement.

WHAT ACTION ACCOMPLISHES: 

Provides the Public Safety Division continued maintenance services for the computer aided dispatch (CAD) Records Management System

MANAGEMENT RECOMMENDATION: 

Staff Recommends Approval (#20051320 – Public Safety)

 

 

(C)

ACTION REQUESTED/PURPOSE: 

Approve the automatic renewal of Contract No. 1923 and approve the new Service Agreement with Motorola Inc. for the 800 MHZ Trunked Radio System, in the amount of $496,240.68 for a period of one (1) year, effective October 1, 2005 - September 30, 2006. Authorize the Chairman to execute the Service Agreement.

WHAT ACTION ACCOMPLISHES: 

Provides the Public Safety Division continued maintenance services for the 800 MHZ Trunked Radio System.

MANAGEMENT RECOMMENDATION: 

Staff Recommends Approval (#20051321 – Public Safety)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(A)

ACTION REQUESTED/PURPOSE:

Approve the award of Project # PB050765, the purchase of one John Deere Model 544J wheel loader for Solid Waste, from Nortrax Equipment Co., at the Florida Sheriffs Association Bid price (including non-contract options) of $113,811.29.

WHAT ACTION ACCOMPLISHES:

Provides Solid Waste with an additional loader that will be used for solid waste transfer and general material movement at the WTE plant, landfill, and transfer stations.

MANAGEMENT RECOMMENDATION:

Approve as stated.  (#20051262-Solid Waste)

 

9.

TRANSPORTATION

 

 

(A)

ACTION REQUESTED/PURPOSE:

Approve award of Project # EX050767 for the purchase of one International cab and chassis truck with a 14’ flat bed body from International Truck & Engine Corporation for the Department of Transportation, at the prices given in Florida State Contract No. 070-700-05-1-grand total price (including non-contract options):  $71,155.

WHAT ACTION ACCOMPLISHES:

Provides DOT with a new flat bed truck to support tractors, equipment, and manpower for lane closers and work zones.  This new truck will replace asset #019418 which has meet Fleet Management’s replacement criteria (please see Attachment #3).

MANAGEMENT RECOMMENDATION:

Approve as stated.  (#20051263-Transportation)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Approve Supplemental Agreement No. 6, for RFQ-03-03 Sanibel Bridge & Toll Plaza Reconstruction along with Cape Coral Toll Plaza (Span A), with Jacobs Construction Services, Inc. (Contract #2632) to include the Guaranteed Maximum Price (GMP) in the amount of $20,959,899.00 (includes Phase CM Fee of $998,090.00) and the Construction Inspection Services in the amount of $150,000.00.  Also authorize Chairman to execute Agreement on behalf of the Board.  Also, approve budget amendment resolution in the amount of $20.5 million from commercial paper proceeds (fund 42136).  Amend project 205816 Sanibel Toll Plaza to increase the budget to $17,808,989 and increase project 205814 Sanibel Bridge Replacement budget to $2,691,011 for fund 42136. Also, amend the CIP for FY05/06 to FY 09/10 accordingly.

WHAT ACTION ACCOMPLISHES:

Allows for construction of the Sanibel Toll Facility, associated civil/roadway work and maintenance of traffic, Sanibel Island roadway additions, demolition of existing Bridge A fender system, and related CM Services.

MANAGEMENT RECOMMENDATION:

Approval Recommended.  (#20051327-Transportation)

 

10.

UTILITIES

 

 

(A)

ACTION REQUESTED/PURPOSE:

Approve final acceptance by Resolution and recording of two (2) utility easements as a donation of a water main extension, four (4) fire hydrants and one (1) 10” diameter fire line to provide potable water service and fire protection to the VRC Crystal Warehouse, a recently constructed office/warehouse.  This is a developer contributed asset project located on the west side of Amedicus Lane approximately 650’ north of Crystal Drive.

WHAT ACTION ACCOMPLISHES:

Places the water main, fire hydrants and fire line into operation and complies with the Lee County Utilities Operations Manual.

MANAGEMENT RECOMMENDATION:

Approval.  (#20051256-Utilities)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Approve construction of a water distribution and gravity collection system serving Moody River Estates South to provide potable water service, fire protection and sanitary sewer service to this phase of the proposed single family residential subdivision.  This is a Developer contributed asset project located on the south side of Skyline Drive approximately ½ mile east of Orange Grove 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:

Approve  (#20051258-Utilities)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Approve the award of Project #PB050772, for the purchase of one International model 7600 cab and chassis with customized concrete body from Mauldin International Truck, Inc. for Utilities, at the Florida Sheriffs Association Bid price (including non-contract options) of $160,141.73.

WHAT ACTION ACCOMPLISHES:

Provides Utilities with one new concrete truck that will be used to transport aggregate materials and cement to job sites throughout Lee County. This truck will be able to mix and pour the exact amounts of concrete needed to patch up and fix the pavement, curbs, etc.

MANAGEMENT RECOMMENDATION:

Approve as stated.  (#20051275-Utilities)

 

 

(D)

ACTION REQUESTED/PURPOSE:

Approve construction of water main and gravity main extensions serving Avalon Professional Center to provide potable water service, fire protection and sanitary sewer service to this proposed commercial development.  This is a Developer Contributed asset project located along the north side of Gladiolus Drive approximately ¼ mile west of Winkler 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:

Approval.  (#20051290-Utilities)

 

 

(E)

ACTION REQUESTED/PURPOSE:

Approve construction of two 10” diameter master meters assemblies, one 8” diameter fire line, and a gravity main extension serving Majestic Fountains West to provide potable water service, fire protection and sanitary sewer service to this phase of the proposed multi-family residential development. This is a Developer Contributed asset project located along the north side of Kelly Road approximately ¼ mile west of San Carlos Blvd.

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:

Approval.  (#20051291-Utilities)

 

 

(F)

ACTION REQUESTED/PURPOSE:

Approve partial payment of $2,700,000.00 to the City of Fort Myers for FY04-05 estimated wastewater treatment costs.  The rate per 1,000 gallons is still to be determined based on the results of our mutual consultant’s (Malcolm Pirnie) review of the City of Fort Myers’ Wastewater Treatment Interlocal Agreement

WHAT ACTION ACCOMPLISHES:

Authorizes Lee County Utilities to partially pay estimated wastewater treatment costs for FY04/05 based on the City of Fort Myers’ flow estimates.  The final adjusted rate for the FY04/05 wastewater treatment will be determined after Malcolm Pirnie conducts their study of the Interlocal Agreement.

MANAGEMENT RECOMMENDATION:

Approval. (#20051293 – Utilities)

 

11.

PARKS AND RECREATION

 

 

(A)

ACTION REQUESTED/PURPOSE:

Approve award of Project # EX050768 for the purchase of one International cab and chassis truck with a 2,000 gallon water tank from International Truck & Engine Corporation for Parks and Recreation, at the prices given in Florida State Contract No. 070-700-05-1-grand total price (including non-contract options):  $97,204.

WHAT ACTION ACCOMPLISHES:

Provides Parks and Recreation with a new truck to water landscaping and trees used in road construction and as a water supply during controlled burns.  This new truck will replace asset # 019394 which has met Fleet Management’s replacement criteria. (please see Attachment #3).

MANAGEMENT RECOMMENDATION:

Approve as stated.  (#20051264-Parks and Recreation)

 

12.

COUNTY ATTORNEY

 

 

(A)

ACTION REQUESTED/PURPOSE:

Direct to public hearing on the 25th day of October 2005, at 9:30 a.m., for Board consideration of a non-emergency resolution approving the River Hall Community Development District f/k/a Hawk’s Haven Community Development District Petition for Special Powers.

WHAT ACTION ACCOMPLISHES:

The Board must consider the River Hall CDD’s petition for the consent of authority to exercise the additional powers set forth in F. S. §190.012(2) (a) & (d), at a public hearing.

MANAGEMENT RECOMMENDATION:

Approve  (#20051319-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  (#20051238-Clerk of Court)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Present financial report for information purposes.

WHAT ACTION ACCOMPLISHES:

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

WHY ACTION IS NECESSARY:

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.  .

MANAGEMENT RECOMMENDATION:

Approve  (#20051272-Clerk of Court)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Authorize Chairman to accept Edward Byrne Memorial Justice Assistance Grant funds for the CLEAN Task Force.  The Lee County Sheriff’s Office will serve as the implementing agency.

WHAT ACTION ACCOMPLISHES:

Authorization allows Lee County to receive a $262,929 in funds for the CLEAN Task Force from the Edward Byrne Memorial Justice Assistance Grant.

MANAGEMENT RECOMMENDATION:

Approve and execute acceptance agreement – (#20051335)

 

 

ADMINISTRATIVE AGENDA

September 27, 2005

 

1.

COUNTY ADMINISTRATION

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

 

(A)

ACTION REQUESTED/PURPOSE:

To accept a settlement of $1,198.76, and waive all penalty charges, $6,206.24, for two properties in the former Schoolview Homes Streetlighting Operation and Maintenance MSBU: STRAPs 19-44-25-P2-01500.0140 and 19-44-25-P2-01500.0110.

WHAT ACTION ACCOMPLISHES:

This action will allow staff to close the delinquent accounts in an MSBU that has been dissolved and is now part of the City of Fort Myers.

MANAGEMENT RECOMMENDATION:

Approve  (#20051305-MSTBU Services)

 

7.

PUBLIC SAFETY

 

 

(A)

ACTION REQUESTED/PURPOSE:

Authorize Chairman to execute amendment to lease agreement with the YMCA of Collier County and the City of Bonita Springs to use the YMCA facility in Bonita Springs as a hurricane shelter and staging area for emergency response equipment during emergencies.

WHAT ACTION ACCOMPLISHES:

Reduces Lee County’s improvement costs share from $115,000 to $108,018.00

MANAGEMENT RECOMMENDATION:

Staff recommends signing amendment to lease agreement. (#20051243-Emergency Management)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(A)

ACTION REQUESTED/PURPOSE:

Waive formal procurement procedures and approve and authorize the Chairman to sign a Definitive Agreement between Lee County and Covanta Energy, Inc, the current operator of the County Waste to Energy facility, providing for the costs and responsibilities of the Parties for Engineering Oversight, Construction Management and Start-Up of the Waste to Energy Third Unit Expansion Project.

WHAT ACTION ACCOMPLISHES:

Establishes a formal agreement providing the roles, costs, and responsibilities for the County and Covanta Energy, Inc. for the design, construction, and start-up of the Waste to Energy Expansion Project.  This Definitive Agreement was developed pursuant to the Memorandum of Understanding (MOU) previously approved by the BOCC.

MANAGEMENT RECOMMENDATION:

Staff recommends approval – (#20050628 – Solid Waste)

 

9.

TRANSPORTATION

 

 

(A)

ACTION REQUESTED/PURPOSE:

Approve Bid Waiver # W-050771 to waive the formal quotation procedure, and allow DOT - Operations to purchase one (1) new Kaiser Model-S2 Gator 4x4 walking excavator from GS Equipment, Inc.; which is the only authorized sales company in the southeastern United States for the sole source manufacturer of this machinery, the Kaiser Company, at a price of $244,527.  (Machine cost: $264,527 less trade-in allowance of $20,000. for a County owned Kaiser Gator 4X4=$244,527.)

WHAT ACTION ACCOMPLISHES:

This purchase will provide Operations with a new reliable machine to clean and mow the canals within Lee County.  This new machine will replace asset #031932, which meets Lee County Fleet Management’s replacement criteria. (See attached documents).

MANAGEMENT RECOMMENDATION:

Approve as stated.  (#20051270-Transportation)

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(A)

ACTION REQUESTED/PURPOSE:

Direct an ordinance amending the school impact fee schedule set forth in Chapter 2 of the Land Development Code to public hearings before the Board of County Commissioners on the following dates: First Public Hearing: Tuesday, October 11, 2005 at 5:05 p.m.; and Second Public Hearing: Tuesday, October 25, 2005 at 5:05 p.m.

WHAT ACTION ACCOMPLISHES:

Florida Statues, Chapter 125, requires ordinances to be presented to the Board of County Commissioners before formal adoption into law.  Allows the public to address the Board of County Commissioners on the proposed amendment to the fee schedule in the County-wide School Impact Fee Ordinance.

MANAGEMENT RECOMMENDATION:

Direct to public hearings.  (#20051315-County Attorney)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS

 

 

WALK ON AGENDA
September 27, 2005
 

Walk On

 

ACTION REQUESTED/PURPOSE:  
Approve a Fifth Amendment to the Interim Development Agreement between Covanta, Inc., and Lee County for the construction of the Waste-to-Energy Facility Expansion Project.
WHAT ACTION ACCOMPLISHES:   
Revises the date for completing the Definitive Agreement between the Parties from September 27, 2005 to November 1, 2005.
MANAGEMENT RECOMMENDATION:   
Staff recommends approval of this Fifth Amendment. (#20051386 – Solid Waste)
REASON FOR WALK ON:
Covanta, Inc., and Lee County have not yet completed negotiations for the Definitive Agreement.
 

(#2)

Walk On
  ACTION REQUESTED/PURPOSE:
Present "Patricia "Kathy" Geren Day" Resolution
 

(#3)

Walk On
  ACTION REQUESTED/PURPOSE:
Approve lease with DeLaCruz Properties, LLC for 5,600 square feet of space at 3114 Lee Boulevard, Building B, Unit #1 in Lehigh Acres to be utilized by the Tax Collector's office.  Lease is for 5 years with one, 5 year renewal period upon the same terms and conditions.  Base rental cost is $18.00 per square foot or $100,800 per year with CAM cost of $2.50 per square foot or $14,000 per year.  Annual increases to the base rental cost will be 3%.  Lee can be terminated upon giving 3 months written notice to Lessor.  Also approve Budget transfer from General Fund Reserves in the amount of $37,000 to cover the additional cost above their current space lease amount.
WHAT ACTION ACCOMPLISHES
Allows Tax Collectors office to expand their offices in Lehigh Acres.
MANAGEMENT RECOMMENDATION
Approve