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

January 24, 2006

9:30 AM

Invocation:

Pastor Kenneth McBeath

Harvest Ministries Church of God

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

Adjourn

1.

COUNTY ADMINISTRATION

(A)

ACTION REQUESTED/PURPOSE:

Approve budget amendment resolutions and transfers from reserves, in various funds to provide fund financial adjustments for the FY04-05 year-end close out.  No additional funding is required, except in those funds, in which reserves are affected (listed in background).  Reserves represent those that were established during the development of the budget. In some funds, (listed in background) for which additional revenues were received, the budget is being adjusted to reflect the additional revenues.

WHAT ACTION ACCOMPLISHES:

Each year in the preparation of the year-end financial statements, Budget Services requests that certain fund adjustments be processed after the Finance division has made their final cash adjustments in conjunction with auditor findings.  Year-end adjustments allow the financial books for FY04-05 to be closed.

MANAGEMENT RECOMMENDATION:

Approval (#20051821 – Budget Services)

2.

CONSTRUCTION AND DESIGN

(A)

ACTION REQUESTED/PURPOSE:

Approve the Construction Manager (CM) Agreement under RFQ-05-07 COUNTY-WIDE CONTRACT FOR CONSTRUCTION MANAGEMENT, for the project known as CALOOSAHATCHEE REGIONAL PARK to Gary Wilkes, Inc., for a total Guaranteed Maximum Price (GMP) of $898,091.00 (includes CM fee of $60,269.00), with a total completion time of seven (7) months.  Also request that the Board approve waiving of the 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. Also approve budget transfer from Regional Park Impact Fee Reserves in the amount of $496,000.00 to the Caloosahatchee Lodge Building project and amend FY 05/06 – 09/10 CIP accordingly. Further authorize Chairwoman to execute the CM Agreement.

WHAT ACTION ACCOMPLISHES: 

Provides Lee County with a Construction Manager for the construction of an approximately 2,688 square foot building for a shelter at Caloosahatchee Regional Park.

MANAGEMENT RECOMMENDATION: 

Staff Recommends Approval. (#20051829 – Construction & Design)

(B)

ACTION REQUESTED/PURPOSE: 

Approve after the fact expenditure in the amount of $53,900.00 to Stratton Home Improvement and Repair, LLC for roof repairs at Terry Park.   Funds are available for this project.

WHAT ACTION ACCOMPLISHES: 

Provides Lee County with a Contractor to remove existing roofing membrane and all roofing materials to existing wood deck and replace roof with Firestone app. Tri-ply roofing system at Terry Park.

MANAGEMENT RECOMMENDATION: 

Approval recommended. (#20051848 – Construction & Design)

(C)

ACTION REQUESTED/PURPOSE:

Approve the award of Project EX060186, the purchase of modular furniture, accessories and related services at a Florida State Contract price of $123,055.60, from Herman Miller Workplace to furnish the ninth floor of the Sun Trust Building at the States Attorney’s Office.  Also approve the expenditure of a not-to-exceed amount of $12,300. for such incidentals as, but not limited to, miscellaneous furniture, accessories or overnight shipping etc.

WHAT ACTION ACCOMPLISHES:

Allows the Justice Center Annex to obtain the furnishings necessary to fully furnish the ninth floor for the States Attorneys Office.

MANAGEMENT RECOMMENDATION:

Please Approve. (#20051853 – Public Works)

(D)

ACTION REQUESTED/PURPOSE:

Approve Addendum to the Construction Manager Agreement (Contract #1259) for the project known as RFQ-00-01 Veterans Park Phase III, to Lodge Construction, Inc., with a Guaranteed Maximum Price of $3,965,990.00 (includes CM fee of $224,490.00 or 6%).  At this time it is being requested that the Board approve waiving of the 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.  Further authorize Chairwoman to execute Addendum upon receipt.  Also approve Budget Transfer from East Lee County Community Park Impact Fee Reserves in the amount of $212,972 and from Lehigh/East Lee County Community Park Impact Fee Reserves in the amount of $107,528 to Veterans Park Phase III project and amend FY 05/06-09/10 CIP accordingly.  This project was in the CIP and funds will be available within the budget upon the transfer of additional funds.

WHAT ACTION ACCOMPLISHES: 

Provides a Construction Manager for the completion of Phase III of the Veterans Park to include but not be limited to: site development, basketball, tennis and multipurpose courts, skate park, pavilions, metal building, access bridge and any and all miscellaneous incidentals.

MANAGEMENT RECOMMENDATION: 

Staff Recommends Approval (#20060004 – Construction & Design)

(E)

ACTION REQUESTED/PURPOSE: 

Approve Change Order No. 1 under RFQ-02-04 Justice Center Expansion Phase VI (Foundation & Utility Package 1), with Centex Construction (Contract #3083) to include the Guaranteed Maximum Price (GMP) for Phase VI (Tower Package 2) in the amount of $44,904,292.00 (which includes the CM Fee of 4% or $1,688,108.00 and additional preconstruction amount of $152,207.00).  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.   Further Authorize Chairwoman execute Change Order No. 1.Also approve Budget Transfer in the amount of $30 million from General Fund Reserves and Budget Resolution in Capital Improvement Fund and increase the Justice Center Expansion Project and amend FY 05/06-09/10 CIP accordingly.

WHAT ACTION ACCOMPLISHES: 

For work to be performed for Pod E Courts Addition Tower & Judges Parking Garage.  Includes a ten-story addition of approximately 16,000 square feet per floor.  The new addition will house new courtrooms on floors 1 through 8 and judges levels on floors 9 and 10.  Floors 1, 2 3, 5, 6 and 10 will be finished out in the initial construction.  Floors 4, 7, 8 and 9 will be shelled for finish at a future date.  To the north of the courtroom tower will be a new three-story judges parking structure.

MANAGEMENT RECOMMENDATION: 

Staff recommends approval (#20060027 – Construction & Design)

3.

COUNTY COMMISSIONERS 

4.

COMMUNITY DEVELOPMENT

(A)

ACTION REQUESTED/PURPOSE:

Execute grant award agreements for rental projects using 2005/2006 Hurricane Housing Recovery funds, 2004/2005 SHIP and 2005/2006 SHIP funds, and issue commitment letters for SHIP years 2006/2007 and 2007/2008, per the recommended allocations..

WHAT ACTION ACCOMPLISHES:

Allows the county to enter into agreements with affordable housing providers for the construction of affordable rental housing.

MANAGEMENT RECOMMENDATION:

Approve (#20060016 – Community Development)

5.

HUMAN SERVICES 

6.

INDEPENDENT 

(A)

ACTION REQUESTED/PURPOSE:

Request Board approve Interlocal Agreement in the amount of $170,938 with the City of Bonita Springs for bus service in Bonita Springs.  This service was budgeted during the FY06 budget process and the City will share 50% of the cost of the service located within the City of Bonita Springs ($341,875).

WHAT ACTION ACCOMPLISHES:

Provides bus service from San Carlos Park to Bonita Springs.

MANAGEMENT RECOMMENDATION:

Approval (#20051731 – Lee Tran)

(B)

ACTION REQUESTED/PURPOSE: 

Approve Purchase Agreement for the acquisition of the Marone parcel, located at 220 Ortiz Ave, Fort Myers in the amount of $260,000, pursuant to the terms and conditions set forth in the 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 Board must accept all real estate conveyances to Lee County.

MANAGEMENT RECOMMENDATION: 

Management recommends Board approve the Action Requested. (#20051808 – County Lands)

(C)

ACTION REQUESTED/PURPOSE:  

Approve Purchase Agreement for acquisition of the Hines parcel, Ortiz Avenue Project 4072, in the amount of $155,500, pursuant to the terms and conditions set forth in the 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 Board must accept all real estate conveyances to Lee County.

MANAGEMENT RECOMMENDATION: 

Management recommends Board approve the Action Requested. (#20051809 – County Lands)

(D)

ACTION REQUESTED/PURPOSE: 

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $26,400 for Parcel 1004, Imperial Street Widening, Project No. 4060, pursuant to the Purchase Agreement; and authorize the Division of County Lands to handle all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner prior to initiation of condemnation proceedings as required by Florida Statutes.

MANAGEMENT RECOMMENDATION: 

Management recommends Board approve the Action Requested. (#20051841 – County Lands)

(E)

ACTION REQUESTED/PURPOSE: 

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $27,000 for Parcel 1002, Imperial Street Widening, Project No. 4060, pursuant to the Purchase Agreement; and authorize the Division of County Lands to handle all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner prior to initiation of condemnation proceedings as required by Florida Statutes.

MANAGEMENT RECOMMENDATION: 

Management recommends Board approve the Action Requested. (#20051842 – County Lands)

(F)

ACTION REQUESTED/PURPOSE: 

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $334,000 for Parcels 533, 1011, and 1013, Imperial Street Widening, Project No. 4060, pursuant to the Purchase Agreement; and authorize the Division of County Lands to handle all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner prior to initiation of condemnation proceedings as required by Florida Statutes.

MANAGEMENT RECOMMENDATION: 

Management recommends Board approve the Action Requested. (#20051843 – County Lands)

(G)

ACTION REQUESTED/PURPOSE: 

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $54,000 for Parcel 1019, Imperial Street Widening, Project No. 4060, pursuant to the Purchase Agreement; and authorize the Division of County Lands to handle all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner prior to initiation of condemnation proceedings as required by Florida Statutes.

MANAGEMENT RECOMMENDATION: 

Management recommends Board approve the Action Requested. (#20051844 – County Lands)

(H)

ACTION REQUESTED/PURPOSE: 

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $1,000 for Parcel 1017, Imperial Street Widening, Project No. 4060, pursuant to the Purchase Agreement; and authorize the Division of County Lands to handle all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner prior to initiation of condemnation proceedings as required by Florida Statutes.

MANAGEMENT RECOMMENDATION: 

Management recommends Board approve the Action Requested. (#20051845 – County Lands)

(I)

ACTION REQUESTED/PURPOSE: 

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $9,800 for Parcel 1021, Imperial Street Widening, Project No. 4060, pursuant to the Purchase Agreement; and authorize the Division of County Lands to handle all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner prior to initiation of condemnation proceedings as required by Florida Statutes.

MANAGEMENT RECOMMENDATION: 

Management recommends Board approve the Action Requested. (#20051846 – County Lands)

(J)

ACTION REQUESTED/PURPOSE: 

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $65,000 for Parcel 318, Imperial Street Widening, Project No. 4060, pursuant to the Purchase Agreement; and authorize the Division of County Lands to handle all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner prior to initiation of condemnation proceedings as required by Florida Statutes.

MANAGEMENT RECOMMENDATION: 

Management recommends Board approve the Action Requested. (#20051851 – County Lands)

(K)

ACTION REQUESTED/PURPOSE: 

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $540,000 for Parcel 317-E and 317-W, Imperial Street Widening, Project No. 4060, pursuant to the Purchase Agreement; and authorize the Division of County Lands to handle all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner prior to initiation of condemnation proceedings as required by Florida Statutes.

MANAGEMENT RECOMMENDATION: 

Management recommends Board approve the Action Requested. (#20051852 – County Lands)

(L)

ACTION REQUESTED/PURPOSE: 

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $49,500 for Parcel 318-A, Imperial Street Widening, Project No. 4060, pursuant to the Purchase Agreement; and authorize the Division of County Lands to handle all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner prior to initiation of condemnation proceedings as required by Florida Statutes.

MANAGEMENT RECOMMENDATION: 

Management recommends Board approve the Action Requested. (#20060018 – County Lands)

(M)

ACTION REQUESTED/PURPOSE: 

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $63,567 for Parcels 333, 335, and 339, Imperial Street Widening, Project No. 4060, pursuant to the Purchase Agreement; and authorize the Division of County Lands to handle all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner prior to initiation of condemnation proceedings as required by Florida Statutes.

MANAGEMENT RECOMMENDATION: 

Management recommends Board approve the Action Requested. (#20060020 – County Lands)

(N)

ACTION REQUESTED/PURPOSE: 

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $4,194 for Parcel 533-A and 533-C, Imperial Street Widening, Project No. 4060, pursuant to the Purchase Agreement; and authorize the Division of County Lands to handle all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner prior to initiation of condemnation proceedings as required by Florida Statutes.

MANAGEMENT RECOMMENDATION: 

Management recommends Board approve the Action Requested. (#20060021-County Lands)

7.

PUBLIC SAFETY

8.

SOLID WASTE-NATURAL RESOURCES

9.

TRANSPORTATION

(A)

ACTION REQUESTED/PURPOSE: 

Award B-06-03 FOWLER STREET IRRIGATION to the lowest responsive, responsible bidder, Hannula Irrigation, Inc., for a total not-to-exceed amount of $83,353.00, with a final completion time of 60 calendar days.  Also, authorize Chairwoman to execute agreement upon receipt.  This CIP was anticipated and funds are available.

WHAT ACTION ACCOMPLISHES: 

Provides Lee County with a Contractor for the installation of an underground irrigation system.

MANAGEMENT RECOMMENDATION: 

Approval recommended.  (#20060015 – Transportation)

10.

UTILITIES

(A)

ACTION REQUESTED/PURPOSE:

Approve final acceptance by Resolution and recording of one (1) utility easement as a donation of a fire hydrant and a 4’’ fire line serving Jaquelin Bridals II to provide fire protection to this recently constructed commercial building. This is a developer contributed asset project located on the east side of the Technology Court Extension, approximately 500’ south of Six Mile Cypress Parkway.

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. (#20051766 – Utilities)

(B)

ACTION REQUESTED/PURPOSE:

Approve final acceptance by Resolution and recording of one (1) utility easement, as a donation of water main and gravity main extensions to provide potable water service, fire protection and sanitary sewer service to the Enclave at Cypress Lake, a recently constructed multi-family residential development.  This is a Developer Contributed asset project located at the north end of Broadhurst Loop approximately 900’ east of Winkler Road and 1,800’ north of Cypress Lake Drive.

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. (#20051779 – Utilities)

(C)

ACTION REQUESTED/PURPOSE:

Approve final acceptance, by Resolution, and recording of one (1) utility easement, as a donation of two (2) fire hydrants to provide fire protection to Briarcliff Baptist Church, a recently relocated place of worship.  This is a Developer Contributed asset project located on the north side of Briarcliff Road approximately 1 mile east of S. Tamiami Trail.

WHAT ACTION ACCOMPLISHES:

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

MANAGEMENT RECOMMENDATION:

Approval. (#20051780 – Utilities)

(D)

ACTION REQUESTED/PURPOSE:

Approve final acceptance, by Resolution, as a donation of a fire hydrant relocation to provide fire protection to McGregor Gateway, a recently constructed commercial project.  This is a Developer Contributed asset project located on the north side of McGregor Boulevard approximately 800’ east of Davis Road.

WHAT ACTION ACCOMPLISHES:

Places the relocated fire hydrant into operation and complies with the Lee County Utilities’ Operations Manual.

MANAGEMENT RECOMMENDATION:

Approval. (#20051781 – Utilities)

(E)

ACTION REQUESTED/PURPOSE:

Approve construction of a water distribution and gravity collection system serving Verandah – Brantley Oaks, Whispering Oaks, Arlington Oaks and Cedar Hammock to provide potable water service, fire protection and sanitary sewer service to these phases of the proposed single-family and multi-family residential development. This is a Developer Contributed asset project located on the south side of SR 80 approximately 1-1/2 miles west of Buckingham 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. (#20051782 – Utilities)

(F)

ACTION REQUESTED/PURPOSE:

Approve construction of the  serving Verandah-Palmetto Grove to provide potable water service, fire protection and sanitary sewer service to this phase of the proposed single-family residential development. This is a Developer Contributed asset project located on the south side of SR 80 approximately 1-1/2 miles west of Buckingham 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. (#20051785 – Utilities)

11.

PARKS AND RECREATION

12.

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  (#20060022-Clerk of Court)

1.

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 Parcel 100 (±27.6 acres), Estero Parkway Extension No. 5021/Proposed C.R. 951, No. 4078, in the amount of $22,500,000, pursuant to the terms and conditions set forth in the Agreement; Authorize payment of costs to close and the Division of County Lands to handle and accept all documentation necessary to complete this transaction; Approve Resolution declaring intent of the County to reimburse itself from a future bond issue for the expenses related to the acquisition of this property.

WHAT ACTION ACCOMPLISHES: 

Acquisition necessary for the Estero Parkway Extension and proposed C.R. 951.  Treasury Regulation 1.150-2 requires a reimbursement resolution for expenses that the County may want to have reimbursed from a future bond issue.

MANAGEMENT RECOMMENDATION: 

Management recommends Board approve the Action Requested. (#20051818 – County Lands)

7.

PUBLIC SAFETY

8.

SOLID WASTE-NATURAL RESOURCES

(A)

ACTION REQUESTED/PURPOSE:

Waive formal procurement procedures and approve and authorize the Chairman to sign an Amended and Restated Service Agreement between Lee County and Covanta Lee, Inc, the current operator of the waste to energy facility, providing for the long term operation and maintenance of the waste to energy facility (including the original facility and the expansion project).

WHAT ACTION ACCOMPLISHES:

Consistent with the Board’s previous actions related to the waste to energy facility, this motion establishes a formal agreement providing the roles, costs, and responsibilities for the County and Covanta Lee, Inc. for the operation and maintenance of the waste to energy facility.  This Agreement was developed pursuant to the Memorandum of Understanding (MOU) and Amendment No. 6 (to the original Service Agreement), both previously approved by the BOCC.

MANAGEMENT RECOMMENDATION:

Staff recommends approval – (#20060013 – Solid Waste)

9.

TRANSPORTATION

10.

UTILITIES

11.

PARKS AND RECREATION

12.

COUNTY ATTORNEY

13.

HEARING EXAMINER

14.

PORT AUTHORITY

15.

CONSTITUTIONAL OFFICERS