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

 

 

October 25, 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 Steve Hess

Zion Lutheran Church

 

 

 

 

Pledge of Allegiance

 

 

 

 

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

Public Hearings

 

 

PH 1

ACTION REQUESTED/PURPOSE:

Conduct a Public Hearing to adopt a Resolution on Petition to Vacate a 12-foot wide Public Utility Easement located at 202 Oregon Way, Lehigh Acres (Case No. VAC2005-00023).

WHAT ACTION ACCOMPLISHES:

To build a single-family residence on the combined lots.  The vacation of this easement will not alter existing utility conditions and the easement is not necessary to accommodate any future utility requirements.

MANAGEMENT RECOMMENDATION:

Approve. (S32-T44S-R27E) (#5) (#20051025 Community Development)

 

PH 2

ACTION REQUESTED PURPOSE:

Conduct a Public Hearing to adopt a Resolution on Petition to Vacate a 4.67-foot portion of the existing 20 foot Drainage and Public Utility Easement located at 11730 Timberline Circle, Fort Myers (Case No. VAC2005-00017).

WHAT ACTION ACCOMPLISHES:

To build a two-room addition and pool enclosure to an existing single-family residence.  The vacation of this easement will not alter existing drainage and utility conditions and the easement is not necessary to accommodate any future drainage and utility requirements.

MANAGEMENT RECOMMENDATION:

Approve.  (#20050938 – Community Development)

 

PH 3

ACTION REQUESTED/PURPOSE:

Conduct a Public Hearing to adopt a Resolution on Petition to Vacate a 12-foot wide Drainage and Public Utility Easement located at 2816 and 2818 51st W., Lehigh Acres 

(Case No. VAC2005-00011).

WHAT ACTION ACCOMPLISHES:

To construct a single-family home on the combined Lots.  The vacation of this easement will not alter existing drainage and utility conditions and the easement is not necessary to accommodate any future drainage and utility requirements.

MANAGEMENT RECOMMENDATION:

Approve  (S12-T44S-R26E) (#5) (#20051365-Development Services)

PH 4

ACTION REQUESTED/PURPOSE: 

Conduct a Public Hearing to adopt a Resolution on Petition to Vacate a

10-foot wide Public Utility Easement located at 9600 and 9650 Kelly Tractor Dr., Ft. Myers  (Case No. VAC2005-00032). 

WHAT ACTION ACCOMPLISHES: 

To build a commercial project on the combined lots.  The vacation of this easement will not alter existing utility conditions and the easement is not necessary to accommodate any future utility requirements.

MANAGEMENT RECOMMENDATION: 

Approve (S10-T44S-R25E) (#5) (#20051223 – Community Development)

 

PH 5

ACTION REQUESTED/PURPOSE:

Conduct a public hearing on October 25, 2005, at 9:30 a.m., or as soon thereafter as possible, and adopt an ordinance creating the Verandah East Community Development District.

WHAT ACTION ACCOMPLISHES:

Adopts an ordinance to establish the Verandah East Community Development District pursuant to the petitioned request of Verandah Development, LLC.  Creates an independent special district that provides an alternative method to manage and finance basic services for community development.

MANAGEMENT RECOMMENDATION:

(#20051479 – County Attorney)

 

PH 6

ACTION REQUESTED/PURPOSE:

Conduct a public hearing on October 25, 2005, at 9:30 a.m., or as soon thereafter as possible, and adopt an ordinance creating the Portico Community Development District.

WHAT ACTION ACCOMPLISHES:

Adopts an ordinance to establish the Portico Community Development District pursuant to the petitioned request of Taylor Woodrow Communities at Portico, L.L.C.  Creates an independent special district that provides an alternative method to manage and finance basic services for community development.

MANAGEMENT RECOMMENDATION:

(#20051478 – County Attorney)

 

9:35 AM

 

PH 1

ACTION REQUESTED/PURPOSE: 

Conduct second public hearing and then agree to enter into a development agreement with the owners and developers of the Alico Interchange Park DRI that will govern the mitigation of the transportation impacts of the Alico Interchange Park DRI.  Accept cash payment received pursuant to this agreement and amend the FY 05/06 -  09/10 CIP to reflect payment. Also approve budget amendment resolution in the amount of $10,709,662.00.

WHAT ACTION ACCOMPLISHES: 

Finalizes the terms and conditions of the mitigation of transportation impacts for the Alico Interchange Park DRI.

MANAGEMENT RECOMMENDATION: 

Execute development agreement. (#20051481 - County Attorney)

 

 

Adjourn until 5:00 PM


CONSENT AGENDA

OCTOBER 25, 2005

 

1.

COUNTY ADMINISTRATION

 

 

(A)

ACTION REQUESTED/PURPOSE: 

Adopt FY 05-06 Board of County Commissioners Goals and County Manager Objectives.

WHAT ACTION ACCOMPLISHES: 

Provides focus to County operations, funding and services; and serves as a basis for accountability in accomplishing tasks.

MANAGEMENT RECOMMENDATION:

Approve. (#20051507 – County Administration)

 

2.

CONSTRUCTION AND DESIGN

 

 

(A)

ACTION REQUESTED/PURPOSE:

Establish a Construction Manager Agreement under RFQ-05-08 Justice Center Renovations and Annex Remodel project, with Target Builders Inc.  Also enter into an Addendum to the Construction Manager Agreement for the project known as Lee County Justice Center, 4th Floor Hearing Rooms 1-8 & Judicial Spaces for a Guaranteed Maximum Price of $249,970.00 (includes the CM fee of $20,831.00 or 8.3%), with a project completion time of five (5) months.  Further, request Board approve waiving of any formal process (if needed) and authorize the use of the Direct Material Purchase Orders as provided for the CM agreement with Lee County, which allows the County to purchase directly from suppliers of equipment and/or materials as a cost/time saving measures.  This project was in the CIP and funds are available within the budget.  Authorize Chairman to execute both the “master” Construction Manager Agreement and Addendum upon receipt.

WHAT ACTION ACCOMPLISHES:

Establishes a “master” Construction Manager Agreement for the Lee County Justice Center Renovations & Annex Remodeling on a “per” project basis.  The first project to process is the Justice Center 4th FL Hearing Rooms 1-8 and Judicial Spaces.

MANAGEMENT RECOMMENDATION:

Staff Recommends Approval. (#20051471 – Construction & Design)

 

 

(B)

ACTION REQUESTED/PURPOSE: 

Approve Addendum to the Construction Manager Agreement, for RFQ-05-08 Justice Center “Annex” Building Improvements, with Target Builders, Inc., to include the Guaranteed Maximum Price (GMP) in the amount of $999,980.00 (which includes the CM Fee of 6.6% or $66,037.00), with a project completion time of twelve (12) months.  Also request Board approve waiving of any formal process (if needed) and authorize the use of the Direct Material Purchase Orders as provided for in the CM agreement with Lee County, which allows the County to purchase directly from suppliers of equipment and/or materials as a cost/time saving measure. This project was in the CIP and funds are available within the budget. Further authorize Chairman to execute the Addendum upon receipt.

WHAT ACTION ACCOMPLISHES: 

For work to be performed for various miscellaneous renovations and improvements that are created by the overall expansion project.

MANAGEMENT RECOMMENDATION: 

Staff recommends approval. (#20051472 – Construction & Design)

 

 

(C)

ACTION REQUESTED/PURPOSE: 

Approve Addendum to the Construction Manager Agreement, for RFQ-05-08 Justice Center Annex 9th Floor Remodeling Phase II, with Target Builders, Inc., to include the Guaranteed Maximum Price (GMP) in the amount of $1,211,352.00 (which includes the CM Fee of 6.4% or $78,001.00), with a project completion time of seven (7) months.  Also request Board approve waiving of any formal process (if needed) and authorize the use of the Direct Material Purchase Orders as provided for in the CM agreement with Lee County, which allows the County to purchase directly from suppliers of equipment and/or materials as a cost/time saving measure. This project was in the CIP and funds are available within the budget. Further authorize Chairman to execute the Addendum upon receipt.

WHAT ACTION ACCOMPLISHES: 

The project includes all labor and material for selective remodeling at the Justice Center Annex 9th Floor Remodeling Phase II.

MANAGEMENT RECOMMENDATION: 

Staff recommends approval (#20051473 – Construction & Design)

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

5.

HUMAN SERVICES

 

 

(A)

ACTION REQUESTED/PURPOSE:

Approve one full time grant funded Database Analyst position to be funded with the Federal Supportive Housing Program grant.  This position will coordinate the Lee County Homeless Management Information System (HMIS).

WHAT ACTION ACCOMPLISHES:

The Federal Supportive Housing grant requires the implementation of an HMIS.

MANAGEMENT RECOMMENDATION:

Approve the item. (#20051484 – Human Services)

 

6.

INDEPENDENT

 

 

(A)

ACTION REQUESTED/PURPOSE: 

Authorize:  1) the Division of County Lands to make a binding offer to property owner in the amount of $12,750 for Parcel 261, Three Oaks Parkway South 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; 3) payment of costs to close.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner.

MANAGEMENT RECOMMENDATION: 

Management recommends Board approve the Action Requested. (#20051298 – County Lands)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Approve Purchase Agreement for acquisition of Parcel 83, Gladiolus Drive Widening Project, No. 4083 in the amount of $7,000; 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. (#20051436 – County Lands)

 

 

(C)

ACTION REQUESTED/PURPOSE: 

Approve expenditures that will exceed the original amounts approved by the Board on January 4, 2005 under Project # EX050137 for the annual “true up” for Microsoft licenses as is required under the enterprise agreement the County has in place through Software House International via Florida State Contract No. 255-001-01-1.  The term of the agreement is three years; and the increased annual estimated amounts are as follows:  $160,000 for year one; $175,000 for year two; and $200,000 for year three.  The request for the additional monies for year one is based on an increase in county employees – accounting for 84 new computers – and a new library coming on line – accounting for 125 new computers.  (This growth is forecast to continue through years two and three of the contract.)

WHAT ACTION ACCOMPLISHES: 

Allows ITG to meet the contractual obligations of the Microsoft enterprise agreement.

MANAGEMENT RECOMMENDATION: 

Approve as stated. (#20051456 – ITG)

 

 

(D)

ACTION REQUESTED/PURPOSE: 

Approve Budget Amendment Resolutions for Charlee Road Fund 26053, University Overlay Fund 26050, Northeast Hurricane Bay Fund 26057 and the MSTBU Operating Fund 10401.

WHAT ACTION ACCOMPLISHES: 

Establishes budgets for existing debt funds.

MANAGEMENT RECOMMENDATION: 

Approve (#20051457 – Public Resources

 

 

(E)

ACTION REQUESTED/PURPOSE: 

Authorize:  1) the Division of County Lands to make a binding offer to property owner in the amount of $372,000 for Parcel 100A and 100B (inclusive of $2,000 allowance for moving expenses), Three Oaks Parkway South 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; 3) payment of moving expense allowance directly to the occupant/tenant.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested. (#20051462 – County Lands)

 

 

(F)

ACTION REQUESTED/PURPOSE:

Concur with the selection of Consultants by the Competitive Negotiations Committee for CN-05-23 COUNTY-WIDE ENVIRONMENTAL CONSULTING and authorize staff to negotiate hourly rates with all fifteen (15) firms:  AIM Engineering & Surveying, Inc.; Boylan Environmental Consultants; Coastal Planning & Engineering; Dyer, Riddle, Mills & Precourt, Inc.; Earth Balance; Environmental Consulting & Technology, Inc.; Hans Wilson & Associates, Inc.; John Brown & Sons, Inc.; Johnson Engineering, Inc.; Kevin L. Erwin Consulting Ecologist, Inc., Passarella and Associates, Inc.; Quest Ecology, Inc.; Vanasse Hangen Brustlin, Inc.; W. Dexter Bender & Associates, Inc.; and Wilson Miller, Inc. Authorize Chairman to execute Professional Service Agreements upon completion.

WHAT ACTION ACCOMPLISHES: 

Provides Lee County with fifteen (15) consultants on this contract that can provide professional services for the project known as COUNTY-WIDE ENVIRONMENTAL CONSULTING (Permit, Mitigation, Monitoring) on an as needed basis.

MANAGEMENT RECOMMENDATION:  Staff recommends approval.(#20051469 – Independent)

 

 

(G)

ACTION REQUESTED/PURPOSE: 

Authorize a 3rd extension of a 30 day due diligence period and payment of $50,000 to the sellers for the extension per the Contract for acquisition of the Lee County Fisherman’s Cooperative.

WHAT ACTION ACCOMPLISHES: 

The extension of due diligence period is needed for further fiscal analysis of the purchase of the Lee County Fisherman’s Cooperative, Inc. site.

MANAGEMENT RECOMMENDATION: 

Continue in accordance with Board direction. (#20051487 – County Lands)

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(A)

ACTION REQUESTED/PURPOSE: 

Authorize the Solid Waste Division to add one (1) Equipment Operator Senior position for the purpose of transporting ash residue and MSW from the WTE facility to the Lee/Hendry landfill and four (4) Operator Trainees for the purpose of operating the 40 GPM. advanced leachate treatment plant consisting of a clarifier and an ultra-filtration and reverse osmosis membrane units. Transfer from reserves the amount of $251,943.

WHAT ACTION ACCOMPLISHES: 

Board approval is required for new positions.

MANAGEMENT RECOMMENDATION: 

Approve the requested motion. (#20051475 – Solid Waste)

 

9.

TRANSPORTATION

 

 

(A)

ACTION REQUESTED PURPOSE:

Execute Third Extension of Agreement with Lehigh Corporation to improve traffic circulation within Lehigh Acres by constructing two segments of a roadway designed to complete a continuous roadway from the intersection of Beth Stacey Boulevard and 23rd Street to Milwaukee Boulevard at Homestead.

WHAT ACTION ACCOMPLISHES:

Extends the agreement for two years for construction of roadway improvements to connect Beth Stacey Boulevard to Milwaukee Boulevard.

MANAGEMENT RECOMMENDATION:

Approve (#20051265 – Transportation)

 

10.

UTILITIES

 

 

(A)

ACTION REQUESTED/PURPOSE:

Approve construction of a  serving Family Fun Action Park to provide potable water service, fire protection and sanitary sewer service to this proposed commercial property. This is a Developer Contributed asset project located along the south side of Summerlin Road approximately ½ mile east of Pine Ridge 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. (#20051368 – Utilities)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Approve final acceptance, by Resolution, and recording of one (1) utility easement as a donation of one (1) 8’’ fire line, one (1) 3’’ water service and one (1) force main connection serving Estero Park Commons to provide potable water service, fire protection and sanitary sewer service to this recently constructed commercial development. This is a Developer Contributed asset project is located at the southwest corner of Corkscrew Road and Corkscrew Palms 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:

Approval. (#20051369 – Utilities)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Authorize the Chairman, on behalf of the BOCC, to approve Florida Department of Environmental Protection’s (FDEP) Amendment No. 3 to State Revolving Fund (SRF) Loan Agreement No. CS12039232P for Lee County Wastewater Management Countywide Planning.

WHAT ACTION ACCOMPLISHES: 

Reschedules the loan repayment activities to provide Lee County additional time to complete preconstruction activities.

MANAGEMENT RECOMMENDATION: 

Approval. (#20051410 – Utilities)

 

 

(D)

ACTION REQUESTED/PURPOSE:

Approve award of Formal Quotation No. Q-050716 Annual Purchase of Powdered Activated Carbon for Utilities, to the low quoter meeting specifications, Acticarb Tailored Products LLC, at a cost of $0.317 per pound as 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. 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 $30,000 annually for powdered activated carbon. 

WHAT ACTION ACCOMPLISHES: 

Provides Utilities with a reliable source of powdered activated carbon to maintain its water treatment plants throughout Lee County.

MANAGEMENT RECOMMENDATION:

Approve as stated (#20051449 – Utilities)

 

11.

PARKS AND RECREATION

 

 

(A)

ACTION REQUESTED/PURPOSE: 

Approve change order no.:1 to exercise Option A of Formal Quotation No. Q-040507 Mowing-Parks for the Dept of Parks and Recreation, adding additional acreage at $20.00 an acre to American Tractor Service, LLC. and Arbor One Inc. (formally J.S. Lawn Care Inc.) the low quoters meeting specifications. Parks estimates expending approximately $200,000 annually for Mowing.

WHAT ACTION ACCOMPLISHES: 

Allows Parks to obtain necessary mowing services.

MANAGEMENT RECOMMENDATION:

Approve as stated. (#20051458 – Parks and Recreation)

 

12.

COUNTY ATTORNEY

 

 

(A)

ACTION REQUESTED/PURPOSE:

Approve Funding Agreement for legal aid between Lee County and the Florida Rural Legal Services, Inc. for County funding of legal aid in the amount of $116,640.00 for the period of October 1, 2005 through September 30, 2006.

WHAT ACTION ACCOMPLISHES:

Finalizes the Funding Agreement with the Florida Rural Legal Services, Inc. for legal services to the indigent residents of Lee County in family law matters, home foreclosures, tenant problems, etc.

MANAGEMENT RECOMMENDATION:

Board of County Commissioners’ approval and execution is required to finalize the agreement with the Florida Rural Legal Services, Inc.  Authorize Chairman’s signature on the Funding Agreement.  (#20051119-County Attorney)

 

 

(B)

ACTION REQUESTED/PURPOSE: 

Request authorization to advertise for and conduct a Public Hearing on Tuesday, November 8, 2005, at 5:00 p.m., in Chambers to consider an amendment to Lee County Ordinance #03-18, Tourist Development Tax.

WHAT ACTION ACCOMPLISHES:

Increases the Tourist Development Tax rate from three percent (3%) to five percent (5%), effective January 1, 2006.

MANAGEMENT RECOMMENDATION:

Approve. (#20051407 – County Attorney)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS

 

 

(A)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant-.Torres.  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  (#20051491-Clerk of Court)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant-.Ebbitt/Lydon.  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  (#20051492-Clerk of Court)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant-.Catani Est..  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  (#20051493-Clerk of Court)

 

 

(D)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant-.Miller Est..  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  (#20051494-Clerk of Court)

 

 

(E)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant-.Hunt..  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  (#200511501-Clerk of Court)

 

 

(F)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant- Ahlgren.  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  (#20051502-Clerk of Court)

 

 

(G)

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  (#20051510-Clerk of Court)

 

 

(H)

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  (#20051511-Clerk of Court)

 

 

ADMINISTRATIVE AGENDA

OCTOBER 25, 2005

1.

COUNTY ADMINISTRATION

 

 

(A)

ACTION REQUESTED/PURPOSE:

Authorize transfer from Capital Improvement Fund 301 Reserves in the not-to-exceed amount of $2,275,506 as payment to the City of Sanibel for the renovation of the Sanibel Recreation Center and amend the FY 05-06 CIP accordingly. 

WHAT ACTION ACCOMPLISHES:     

Payment represents the County’s not-to-exceed funding to the City toward a 31,600 square foot facility, based on applying the County’s core design standards level (with the exception of enhancing the County’s standard for one pool) and a 28% usage rate by non-City residents. An inter-local agreement setting forth the terms and conditions for the city’s receipt of funds will be negotiated and brought back to the Board for approval. 

MANAGEMENT RECOMMENDATION: 

This is a fair, not-to-exceed participation amount to recommend for Board approval. A match from the school district will bring the participation total to $4.55 million. (#20051513 – County Administration)

 

 

(B)

ACTION REQUESTED/PURPOSE: 

Approve waiving of the formal process for BW-05-15 for Assistance with Army Corp and South Florida Water Management District (SFWMD), for Lee County Visitor & Convention Bureau, to Marlowe & Company, in the amount of $97,200 (FY 2005-2006), $99,000.00 (FY 2006-2007 and $100,800.00 (FY 2007-2008), with a contract term of October 1, 2005-September 30, 2006 (Year 1), October 1, 2006-September 30, 2007 (Year 2) and October 1, 2007-September 30, 2008 (Year 3).  Further authorize Chairman to execute the Service Provider Agreement upon receipt.

WHAT ACTION ACCOMPLISHES: 

Provides for a continuation of lobbying services with an experienced consultant in Washington that specializes in Army Corps projects.

MANAGEMENT RECOMMENDATION: 

Staff Recommend Approval. (#20051420 – 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

 

 

(A)

ACTION REQUESTED/PURPOSE: 

Approve waiving of the formal process for BW-05-14 MULTIPLE TANK MODIFICATIONS with CECS Inc., in the lump sum amount of $115,700.00 with a project completion of seven (7) weeks.

WHAT ACTION ACCOMPLISHES: 

Provides Lee County with a contractor to provide labor and material for the modification of 15 pre-stressed concrete tanks.

MANAGEMENT RECOMMENDATION: 

Staff recommends approval. (#20051474 – Utilities)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Approve Bid Waiver # W-060004 to waive the formal quotation procedure, and allow the Public Works Department/Utilities Division to purchase ITT Flygt Pumps from  Ellis K. Phelps a division of ITT Flygt Corporation and associated warranty and repair services from SAS also a division of ITT Flygt Corporation.  A waiver has been requested because ITT Flygt Corporation is the only authorized vendor for Flygt products and services.  It is also requested that the term of this waiver be for one year with two consecutive yearly extensions. Estimated annual expenditures for raw sewage pumps and repairs would be approximately $400,000.00.  Funding will come from the individual department’s budget and they will be responsible for monitoring their own expenditures.

WHAT ACTION ACCOMPLISHES:

Allows the Public Works Department/Utilities Division to continue to purchase Flygt Pumps and related services.

MANAGEMENT RECOMMENDATION:

Approve as stated. (#20051411 – Utilities)

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(A)

ACTION REQUESTED/PURPOSE:

Approve the Amendment to Resolution of Necessity for the acquisition and condemnation of Parcels 201 and 202, required for the Three Oaks Parkway Widening, Project 4081.

WHAT ACTION ACCOMPLISHES:

Allows the County to proceed with condemnation, if necessary, so parcels can be acquired for the Three Oaks Parkway Widening, Project 4081.

MANAGEMENT RECOMMENDATION: 

Management recommends Board approve the Action Requested. (#20051441 – County Attorney)

 

 

(B)

ACTION REQUESTED/PURPOSE:  

Adopt resolution amending the Alico Interchange Park Development of Regional Impact (DRI) Development Order and DRI Map H.                                        

WHAT ACTION ACCOMPLISHES: 

The amendment to the DRI Development Order and Map H will conform the DRI Development Order approvals to the recent administrative amendments to the zoning approvals.

MANAGEMENT RECOMMENDATION:  

Adopt resolution. (#20051509 - County Attorney)

 

 

(C)

ACTION REQUESTED/PURPOSE: 

Provide direction to County Attorney’s Office and Department of  Transportation staff, with respect to entertaining two (2) offers received; one from Talon Management and the other from Edison Farms, Inc., relating to alignment alternatives for the County Road 951 Corridor Study.

WHAT ACTION ACCOMPLISHES:  

Allows for determination of whether or not additional preferred corridors may be forwarded to Federal Highway Administration (FHWA) for evaluation against the no build alternative along with the “western alignment” selected at the August 2, 2005, Public Hearing.

MANAGEMENT RECOMMENDATION: 

Provide direction. (#20051482 – County Attorney)

 

 

(D)

ACTION REQUESTED/PURPOSE:

Adopt by Resolution a new administrative code providing procedures for the Executive Regulatory Oversight Committee (EROC).

WHAT ACTION ACCOMPLISHES:

Clarifies and establishes the purpose, membership, and operating procedures for EROC.

MANAGEMENT RECOMMENDATION:

(#20051464 – County Attorney)

 

 

(E)

ACTION REQUESTED/PURPOSE:

Approve the Resolution of Necessity for the acquisition and condemnation of a parcel required for the proposed Idalia Regional Park Project.

WHAT ACTION ACCOMPLISHES:

Allows the County to proceed with condemnation, if necessary, so this parcel can be acquired for the Idalia Regional Park Project.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested. (#20051454 – County Attorney)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS

 

 

PUBLIC AGENDA

October 25, 2005
                                                                                               

5:00 PM

(#1)

Public Hearing

 

ACTION REQUESTED/PURPOSE: 

Consider a Resolution approving the transfer of Warner Cable, Inc. (“Time Warner”) to MOC Holdco II, Inc. a subsidiary of Comcast Corporation (“Comcost”).

WHAT ACTION ACCOMPLISHES: 

Formalizes the process as stated in Lee County Ordinance No. 01-05, for transferring control of a cable television franchise.

MANAGEMENT RECOMMENDATION: 

Approve. (#20051477 – Public Resources)

 

 

5:05 PM

 

(#1)

Public Hearing

 

 

ACTION REQUESTED/PURPOSE: 

Conduct second public hearing on proposed amendment to the School Impact Fee Schedule set forth in Chapter 2 of the Lee County Land Development Code.           

WHAT ACTION ACCOMPLISHES:   

Florida Statutes, Chapter 125, requires public hearings prior to amending an ordinance.  The public hearing allows the public to address the Board of County Commissioners on the proposed changes to the school impact fee schedule.  The public hearing is also a prerequisite to the adoption of the amended fee schedule.

MANAGEMENT RECOMMENDATION:

Adopt ordinance. (#20051480 - County Attorney

 

 

5:05 PM

Public Presentation of Matters by Citizens

 

 

Adjourn