District #1

Bob Janes

Vice Chair

District #2

Douglas St. Cerny

 

District #3

Ray Judah

 

District #4

Tammy Hall

Chairwoman

District #5

John E. Albion

 

Donald D. Stilwell

County Manager

 

David M. Owen County Attorney

 

 

December 6, 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 Tony Cubello

Branch of Life Christian Fellowship Church

 

 

 

 

Pledge of Allegiance

 

 

 

 

Presentations:

CP 1

 

·         

Don’t Drink & Drive Resolution – Commissioner Hall

 

 

 

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

To adopt and enact an ordinance, with staff recommended conditions, to establish a Uniform Community Development District (UCDD) to be known as the Verandah East Community Development District ordinance.

WHAT ACTION ACCOMPLISHES

An ordinance adopted by the BOCC is the exclusive means to establish a UCDD of less than 1,000 acres in size.

MANAGEMENT RECOMMENDATION:

Creates an independent special district that provides an alternative method to manage and finance basic services for community development. (#20051574 – County Attorney)

 

PH 2

ACTION REQUESTED/PURPOSE:

To adopt and enact 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:

Approve. #20051576 – County Attorney)

 

 

Adjourn


CONSENT AGENDA

December 6, 2005

 

1.

COUNTY ADMINISTRATION

 

 

(A)

ACTION REQUESTED/PURPOSE:

Concur with the ranking of firms by the Selection Committee for RFQ-05-15 LEGISLATIVE AND AGENCY LOBBYING & OTHER SERVICES FOR LEE COUNTY, and authorize contract negotiations to commence with the number one (1) ranked firm: (1) Nabors, Giblin & Nickerson; (2) J Keith Arnold & Associates and (3) Public Affairs Consultants.  The contract will be for a period of two (2) years with the option to renew under the same terms and conditions for one (1) additional year.

WHAT ACTION ACCOMPLISHES:

Provides the County with a firm for legislative and agency lobbying services.

MANAGEMENT RECOMMENDATION:

Selection Committee Recommends. (#20051713 – County Administration)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Approve Interlocal Agreement between Lee County Board of County Commissioners and the Lee County Industrial Development Authority (IDA) for fiscal year N/Aff rec05/06, for $80,000.00 to the IDA for implementation of the marketing plan.The Agreement sets out the terms by which the IDA will implement the marketing plan and administer the incentive program.

WHAT ACTION ACCOMPLISHES:

Provides funding for the marketing plan and the administration of the business incentive program.

MANAGEMENT RECOMMENDATION:

Staff recommends approval. (#20051687 –County Administration)

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

 

(A)

ACTION REQUESTED/PURPOSE:

Adopt a resolution accepting the donation of a 60’ wide surplus parcel, located in Sections 25 and 36, Township 46 South, Range 25 East, from the State of Florida Department of Transportation for the Pinewoods Water Treatment Plant Expansion Project No. 7155; authorize the Chairman to execute the attached Resolution; authorize the Division of County Lands to handle and accept all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

Accepts surplus property from the State of Florida Department of Transportation for public purposes associated with the Pinewoods Water Treatment Facility.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested. (#20051463 – County Lands)

 

 

(B)

ACTION REQUESTED/PURPOSE

Approve the Easement Purchase Agreement for acquisition of a portion of STRAP No. 05-46-25-00-00002.011A for the Alico Road Widening, Project 4030, in the amount of $6,700; authorize Chairman, on behalf of the Board, to sign the Purchase Agreement; approve payment of costs and fees to close; authorize the Division of County Lands to handle and accept all documentation necessary to complete this transaction.

WHAT ACTION ACCOMPLISHES: 

The Board must accept all real estate conveyances to Lee County. Allows the County to proceed with the project without resorting to Eminent Domain proceedings.

MANAGEMENT RECOMMENDATION

Management recommends Board approve the Action Requested. (#20051643 – County Lands)

 

7.

PUBLIC SAFETY

 

 

(A)

ACTION REQUESTED/PURPOSE

Approve amendment to Interlocal Agreement between the County and City of Fort Myers for the construction and occupancy of the City’s Trailhead Five - EMS Station located at the northwest corner of Veronica S. Shoemaker and Shoemaker Lane.

WHAT ACTION ACCOMPLISHES:  

Permits the construction of the station to proceed forward in spite of the increased costs to the County and the City in the amount of $1,463,219.81 which will be divided in half. Amendments to interlocal agreements must be approved by the Board.

MANAGEMENT RECOMMENDATION

Recommend approval of the Amendment to the Interlocal Agreement. (#20051659 – Public Safety)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

9.

TRANSPORTATION

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

 

(A)

ACTION REQUESTED/PURPOSE

Approve and execute grant agreement between the Florida Department of Agriculture and Consumer Services, Division of Forestry under the Urban and Community Forestry Grant Program for 2005 Emergency Hurricane Supplemental Funds for exotic vegetation control at the Deep Lagoon Preserve due to Hurricane Charley.  Approve Budget Amendment Resolution in the amount of $131,250.

WHAT ACTION ACCOMPLISHES:

To accept funds from the Florida Department of Agriculture and Consumer Services, Division of Forestry under the Urban and Community Forestry Grant Program for 2005 Emergency Hurricane Supplemental Funds for exotic control at the Deep Lagoon Preserve due to Hurricane Charley.

MANAGEMENT RECOMMENDATION: 

Approve and execute grant agreement. (#20051686 – Parks and Recreation)

 

12.

COUNTY ATTORNEY

 

 

(A)

ACTION REQUESTED/PURPOSE:   

Request permission to advertise for and conduct a Public Hearing on Tuesday, January 10, 2006, at 5:00 p.m., in Chambers to consider the adoption and execution of the proposed Ordinance amending Lee County Ordinance No. 04-19, entitled, Lee County Cremation Fee Ordinance.

WHAT ACTION ACCOMPLISHES

Allows the proposed amendment to Lee County Ordinance No. 04-19 to go forward to Public Hearing.

MANAGEMENT RECOMMENDATION

Set Public Hearing date for Tuesday, January 10, 2006, at 5:00 p.m. (#20051698 – County Attorney)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS

 

 

(A)

ACTION REQUESTED/PURPOSE:

Authorize acceptance of the Joint Call for FY 2005 Human Trafficking Task Force and Victim Services Concept Paper.  Grant award must be executed with the signature of the Lee County Board of County Commissioner Chairperson.

WHAT ACTION ACCOMPLISHES:

Acceptance of the grant award will enable the Lee County Sheriff’s Office (LCSO) to hire two (2) detectives for the LCSO Human Trafficking Unit as well as purchase equipment, supplies, travel and training expenses, and contractual services.

MANAGEMENT RECOMMENDATION:

The Lee County Sheriff’s Office recommends executing the acceptance of the grant award. (#20051626 – Lee County Sheriff)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Approve Expenditures in the amount of $367,387 by the Lee County Sheriff’s Office.  Revenues for the expenditures were from various fees, services, etc. (see below) that were collected by the Sheriff’s Office during the period of 08/11/05 to 09/30/05.

WHAT ACTION ACCOMPLISHES:

Board approval is needed to expend funds collected.

MANAGEMENT RECOMMENDATION:

Enables Sheriff’s Office to offset expenditures (#20051633 – Sheriff)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Request Board to approve transfer from the General Fund #001 Reserves in the amount of $285,000. Funds are from excess/unspent funds from FY 04/05 for the Lee County Sheriff’s Office False Alarm Reduction Unit.  Also amend the LCSO FY 05/06 budget accordingly.

WHAT ACTION ACCOMPLISHES:

Enable Sheriff’s Office to carry over prior year approved expenditures into new fiscal year.

MANAGEMENT RECOMMENDATION:

Board approval is needed to expend 05/06 funds. (#20051634 – Sheriff)

 

 

(D)

ACTION REQUESTED/PURPOSE:

Request Board to approve attached budget transfer for the Sheriff’s FY04/05 Budget to reflect a return of unspent monies of $489,308 and to reflect actual line item expenditure totals.  Also, approve budget amendment resolution for the receipt of $359,766 of unbudgeted interest earnings, $1,311,304 fro Federal Inmate Housing revenues, $1,255,083 for Hurricane Charley, Frances, & Ivan FEMA reimbursement and $285,000 in unspent False Alarm Fees..

WHAT ACTION ACCOMPLISHES:

Sheriff and Board of County Commissioners adjust accounts at the close of each fiscal year to facilitate the reconciliation of expenditures for the combined annual financial report.  This annual audit is required by Florida Statutes.

MANAGEMENT RECOMMENDATION:

Return of non-spent and collected funds. (#20051635 – Sheriff)

 

 

(E)

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  (#20051711-Clerk of Court)

 

 

ADMINISTRATIVE AGENDA

December 6, 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

 

 

(A)

ACTION REQUESTED/PURPOSE:

Waive formal procurement procedures and approve and authorize the Chairman to sign Amendment No. 6 to the Service 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 Amendment No. 6 was developed pursuant to the Memorandum of Understanding (MOU) previously approved by the BOCC.

MANAGEMENT RECOMMENDATION:

Staff recommends approval.  (#20051644 – Solid Waste.)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Approve award of formal quotation (RFP B&R 2661-SA-506) and issuance of a purchase order to Standard Industrial Structures Corp. (SISCORP) the sole proposer submitting and meeting all specification requirements for a steel building to house the air pollution control equipment, with a base price of $971,569.00 that includes an amount of $334,985.00 representing certain steel components that are price adjustable (escalation/de-escalation) based on an agreed index.  Approval also includes this price adjustment in accordance with the term sheet.

WHAT ACTION ACCOMPLISHES:

Provides the necessary APC building enclosure for the Waste To Energy Expansion Project.

MANAGEMENT RECOMMENDATION:

Staff recommends approval of this request – (#20051669 – Solid Waste)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Approve and authorize the Chairman to sign a contract between Lee County and Casey Industrial, Inc.., the responsive/responsible low price proposer, meeting all requirements to perform the “Balance of Plant” General Contract construction of the WTE Expansion Project, for an amount not exceeding $29,981,498.00, all in accordance with RFP B&R 2661-GC 100.

WHAT ACTION ACCOMPLISHES:

Provides the necessary general contractor construction for the Waste To Energy Expansion Project.

MANAGEMENT RECOMMENDATION:

Staff recommends approval of Action Requested.  (#20051671 – Solid Waste)

 

9.

TRANSPORTATION

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(A)

ACTION REQUESTED/PURPOSE

Approve the Resolution of Necessity for the acquisition and condemnation of parcels required for the Summerlin Road Six-Laning (Cypress Lake Drive to Boy Scout Drive), Project No. 6007.

WHAT ACTION ACCOMPLISHES: 

Allows the County to proceed with condemnation, if necessary, so these parcels can be acquired for the Summerlin Road Six-Laning Project.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested. (#20051666 – County Attorney)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS

 

 

 WALK ON AGENDA
December 6, 2005
 

Walk On

 

ACTION REQUESTED/PURPOSE:
Authorize the Chairwoman on behalf of the BOCC, to sign Amendment 1 to State Revolving Fund (SRF) Loan Agreement DW3610 010 that increases the amount of the loan funding amount for the construction of the North lee County water Treatment Plant.  Approve Budget Amendment Resolution in the amount of $6,000,000 from FDEP and amend the FY05-06/09-10 CIP accordingly. (#20051696 – Utilities)
REASON FOR WALK ON:
If the deadline is not met and the current interest rate of 2.58% were to rise to the interest rate for the initial loan agreement of 2.67%, the County would ultimately pay over $65,000 in additional interest.  Even if the rate only increased to 2.60%, the amount saved would be over $15,000..

 

(#2)

Walk On
 

ACTION REQUESTED/PURPOSE:
Approve award of formal quotation (RFP B&R 2661-SM155) and issuance of a purchase order to Delta Ducan, Inc., the low price proposer, meeting all specification requirements for carbon storage and delivery equipment in an amount of $407,180.00.
REASON FOR WALK ON:
Construction schedule requires ordering equipment one week earlier than was anticipated.(#20051728 – Solid Waste)
 

(#3)

Walk On
 

ACTION REQUESTED/PURPOSE:Approve Change Order No. 1 to Contract No. 3304, Hurricane Charley Debris Removal, to TSI Disaster Services in the amount of $68,000 resulting in a new not-to-exceed contract total of $529,700.  Funds are available.
REASON FOR WALK ON:
Funding for Hurricane Debris Removal through the grant from the United States Department of Agriculture, natural Resources Conservation Service expires December 31, 2005.  In order to insure this additional work on the Estero River can be completed under that time constraint, it is necessary to provide approval to the contractor to begin this additional work as soon as possible. (#20051740 – Natural Resources)