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

February 7, 2006

9:30 AM

Invocation:

Pastor Elliot Penn

Fort Myers Christian Center

Pledge of Allegiance

Presentations:

CP 1

·         

Set Up Florida 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

Adjourn

1.

COUNTY ADMINISTRATION

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 BAY OAKS RECREATION CENTER to Target Builders, Inc., for a total Guaranteed Maximum Price (GMP) of $296,098.00 (includes CM fee of $24,044.00), with a total completion time of Five (5) 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.  Further authorize Chairwoman to execute the CM Agreement.

WHAT ACTION ACCOMPLISHES:

Provides Lee County with a Construction Manager to provide labor and material for spray insulation.

MANAGEMENT RECOMMENDATION:

Staff Recommends Approval. (#20060069 – Construction & Design)

3.

COUNTY COMMISSIONERS

4.

COMMUNITY DEVELOPMENT

(A)

ACTION REQUESTED/PURPOSE: 

Authorize: 1) an amendment to contract C-3073 between the BoCC and Renaissance Manor Inc. to show project scope is for one duplex, 2) transfer $35,000 in SHIP funds to Lee County Department of Human Services for affordable housing rehabilitation and 3) amendments to two contracts between the BoCC and the Bonita Springs Housing Development Corporation to cover construction cost increases as follows:

Contract C-2604 increase by $70,000 to $350,000 in SHIP funds

Contract C-2832 increase by $30,000 to $150,000 in SHIP funds

WHAT ACTION ACCOMPLISHES:

Approval would allow for the provision of affordable housing by the rehabilitation of a house and the construction of new housing.

MANAGEMENT RECOMMENDATION:

Approve (#20060062 – Community Development)

5.

HUMAN SERVICES

6.

INDEPENDENT

(A)

ACTION REQUESTED/PURPOSE: 

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $52,400 for Parcel 40 and 40DE, Gladiolus Drive Widening, Project No. 4083, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES: 

Authorizes binding offer to property owner.

MANAGEMENT RECOMMENDATION: 

Management recommends Board approve the Action Requested. (#20051794 – County Lands)

(B)

ACTION REQUESTED/PURPOSE: 

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $13,800 for Parcel 71, Gladiolus Drive Widening, Project No. 4083, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES: 

Authorizes binding offer to property owner.

MANAGEMENT RECOMMENDATION: 

Management recommends Board approve the Action Requested. (#20051795 – County Lands)

(C)

ACTION REQUESTED/PURPOSE: 

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $39,000 for Parcel 86, Gladiolus Drive Widening, Project No. 4083, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES: 

Authorizes binding offer to property owner.

MANAGEMENT RECOMMENDATION: 

Management recommends Board approve the Action Requested. (#20051796 – County Lands)

(D)

ACTION REQUESTED/PURPOSE: 

Approve Purchase Agreement for the acquisition of the Supervisor of Elections Warehouse Parcel (+/- 54,000 sq. ft. building on +/- 5 acres) in the amount of $5,275,000, pursuant to the terms and conditions set forth in the Agreement, payment of costs to close and authorize the Division of County Lands to handle and accept all documentation necessary to complete this transaction. Approve a transfer from Capital Improvement Fund (301) reserves to the Elections Warehouse Acquisition project in the amount of $5,375,000 (to cover purchase price and ancillary closing expenses) and amend the FY 05/06-09/10 CIP accordingly.

WHAT ACTION ACCOMPLISHES: 

Acquisition necessary for the ownership of the Supervisor of Elections Warehouse facility instead of leasing.

MANAGEMENT RECOMMENDATION: 

Management recommends Board approve the Action Requested. (#20060039 – County Lands)

(E)

ACTION REQUESTED/PURPOSE:

Approve Purchase Agreement for acquisition of Parcel 56, Gladiolus Drive Widening Project, No. 4083 in the amount of $2,500; 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:

Approve. (#20060045 – County Lands)

7.

PUBLIC SAFETY

8.

SOLID WASTE-NATURAL RESOURCES

(A)

ACTION REQUESTED/PURPOSE:

Authorize the Solid Waste Division to add the following full time positions; one Administrative Specialist, one Equipment Operator, and two Drivers.  Approve transfer of funds from reserves in the amount of $310,100 to fund remaining portion of FY 05-06 budget.

WHAT ACTION ACCOMPLISHES:

Provides the Solid Waste Division with personnel necessary to meet growth requirements.

MANAGEMENT RECOMMENDATION:

Staff recommends approval (#20051836 – Solid Waste)

(B)

ACTION REQUESTED/PURPOSE:  

Approve additional non-quoted expenditures in the amount of $20,065 for Formal Quotation No. Q-060021 The Purchase of Natural Resources Monitoring Equipment approved by the Board on December 13, 2005. Revisions requested by Johnson Engineering, the consultants on the project resulted in changes to the equipment necessary to complete the project.  Also request an additional $5,000 in contingency money at the request of the consultant for any unforeseen site specific equipment needs. It should be noted that these additional monies may be dispersed among several different vendors who may or may not have been included in the original award on 12/13/05.

WHAT ACTION ACCOMPLISHES: 

Allows for the purchase of correct and additional equipment to properly complete the Best Management Practices grant project for Natural Resources.

MANAGEMENT RECOMMENDATION:

Approve as stated. (#20060042 – Natural Resources)

(C)

ACTION REQUESTED/PURPOSE:

Approve award of Quote # Q-060650, End of Life (EOL) Electronic Recycling Services, for the Solid Waste Division, to the overall low quoter who met all specification requirements, AER (American Electronics Recycling), based on the unit pricing listed on Form “A” (see attachment #3, vendor’s submitted quote), this would include awarding both option 1 and option 2 pricing.  The department estimates spending approximately $75,000. during the next twelve months.  The initial term of this quote is for one year; also request authority to renew this quote for four additional one-year periods, at the same term and conditions, if in the best interest of Lee County.

WHAT ACTION ACCOMPLISHES:

Allows the Solid Waste Division to dispose of end of life electronics at fair and competitive prices.

MANAGEMENT RECOMMENDATION:

Staff recommends approval. (#20060049 – Solid Waste)

(D)

ACTION REQUESTED/PURPOSE: 

Authorize reimbursement costs to Covanta Lee, Inc. for repair work required due to damages to the waste to energy facility caused by Hurricane Wilma.  Estimated total cost for the County is approximately $630,000. Authorize transfer from reserves in the amount of $630,000.

WHAT ACTION ACCOMPLISHES:

Allows roof, siding, and associated repair work to be performed at the WTE in a timely manner and on a competitively bid basis.

MANAGEMENT RECOMMENDATION: 

Staff recommends approval of the proposed motion. (#20060072 – Solid Waste)

(E)

ACTION REQUESTED/PURPOSE:

Execute United States Department of Agriculture, Natural Resources Conservation Service (NRCS) Project Agreement No. 69-4209-6-1606 for emergency watershed protection measures to relieve hazards and damages created by Hurricane Wilma at an estimated cost of $900,000.  NRCS will provide a not to exceed amount of $675,000 (75%) for debris removal and disposal for waterways in Lee County.  Matching funds for Lee County total $225,000 (25%).  Approve budget amendment in the amount of $675,000 for NRCS – Hurricane Wilma, Project No. 0826, and approve transfer from General Fund Reserves in the amount of $225,000 for Lee County cost share.

WHAT ACTION ACCOMPLISHES:

Board approval required for all agreements and transfers from reserves.

MANAGEMENT RECOMMENDATION:

Staff recommends approval – (#20060079 – Natural Resources)

9.

TRANSPORTATION

(A)

ACTION REQUESTED/PURPOSE: 

Approve Supplemental Task Authorization (STA) No. 8, under CN-04-09 MISCELLANEOUS STRUCTURAL ENGINEERING SERVICES, to Kisinger Campo Associates, in the amount of $74,400.00 for bridge inspection services on the Sanibel Causeway.  Also authorize Chairwoman to execute STA on behalf of the Board.  This STA was anticipated and funds are available.

WHAT ACTION ACCOMPLISHES: 

Provides Lee County with an Engineer to perform twelve (12) monthly visual field inspections of the pre-stressed beams on the watch list spans on Bridge No.’s 124041, 124042 and 124043.  Deficiencies will be evaluated and compared to previously documented deficiencies.  Photographs and tables will be used to aid in depicting any significant changes that may have occurred.  Also includes two (2) bi-annual inspections of pre-stressed beams of the low level spans.

MANAGEMENT RECOMMENDATION: 

Approval recommended. (#20051847 – Transportation)

(B)

ACTION REQUESTED/PURPOSE:

Approve Addendum to the Construction Manager Agreement under RFQ-05-07, for the project known as LEE COUNTY TAX COLLECTOR’S OFFICE CHILLER REPLACEMENT to Karr Group, Inc. d/b/a Casey Construction, for a total Guaranteed Maximum Price (GMP) of $166,157.80 (includes CM fee of $14,622.80), with a total completion time of one (1) week.  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.

WHAT ACTION ACCOMPLISHES:

Provides Lee County with a Construction Manager to replace the original chillers in the Lee County Constitutional Complex with a more energy efficient system.

MANAGEMENT RECOMMENDATION:

Approval recommended. (#20060046 – Construction & Design).

(C)

ACTION REQUESTED/PURPOSE: 

Approve Change Order No. 4 under CN-02-02 THREE OAKS PARKWAY FROM WITHIN THE BROOKS TO IMPERIAL STREET, to Johnson Engineering, Inc., Contract No. 2027, in the not-to-exceed amount of $1,858,672.72.  Also authorize Chairwoman to execute Change Order on behalf of the Board.  This Change Order was anticipated and funds are available.

WHAT ACTION ACCOMPLISHES: 

Provides Lee County with a Consultant for Post-Design services, including but not limited to  site visits, shop drawings, clarifications/interpretations, full time inspections, roadway construction, bridge inspections (Imperial Street widening only), testing services, materials testing, final inspection/certifications and record drawings.

MANAGEMENT RECOMMENDATION: 

Approval recommended. (#20060070 – Transportation)

(D)

ACTION REQUESTED/PURPOSE: 

Approve an Amended Joint Supplemental Interlocal Agreement between Lee County and the City of Bonita Springs for design, right-of-way acquisition and construction of the Three Oaks Parkway South Extension project from East Terry Street to The Brooks, and authorize the Chairwoman to execute the amended agreement.

WHAT ACTION ACCOMPLISHES: 

Amends the joint supplemental interlocal agreement specifying each party’s responsibilities regarding the Three Oaks Parkway South Extension project.

MANAGEMENT RECOMMENDATION: 

Approve updated agreement. (#20060074 – Transportation)

10.

UTILITIES

11.

PARKS AND RECREATION

12.

COUNTY ATTORNEY

(A)

ACTION REQUESTED/PURPOSE:

Approve and authorize the Chairwoman’s signature on an “Agreement of Resignation, Appointment and Acceptance” for trustee services on Lee County bonds.  The Bank of New York (“BONY”) is transferring its services from several internal corporate entities to a single entity.

WHAT ACTION ACCOMPLISHES:

Provides continued trustee services for County bonds from the Bank of New York.

MANAGEMENT RECOMMENDATION:

Approve and execute the Agreement with BONY for trustee services on County bonds. (#20060060 – 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 Sherar Trust.  Pursuant to Florida Statute Chapter 197 the Board is to hold unclaimed overbid funds from Delinquent Tax sales for a period of two years on behalf of the original land owner.

WHAT ACTION ACCOMPLISHES:

The Clerk has received a verified claim of these funds and requests that you release them to the claimant.

MANAGEMENT RECOMMENDATION:

Approval (#20060084 – Clerk of Courts)

(B)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant Sherar Trust.  Pursuant to Florida Statute Chapter 197 the Board is to hold unclaimed overbid funds from Delinquent Tax sales for a period of two years on behalf of the original land owner.

WHAT ACTION ACCOMPLISHES:

The Clerk has received a verified claim of these funds and requests that you release them to the claimant.

MANAGEMENT RECOMMENDATION:

Approval (#20060085– Clerk of Courts)

(C)

ACTION REQUESTED/PURPOSE:

Request Board approves disbursements.  The check and wire registers can be reviewed on the 3^rd floor of the County Administration Building.

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 (#20060086 – Clerk of Courts)

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

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 the access rights to Parcels 13, 17, 18, 21, 22, and 32 required for the Gladiolus Drive Widening Project, No. 4083.

WHAT ACTION ACCOMPLISHES:

Allows the County to proceed with condemnation, if necessary, so access rights to parcels can be acquired for the Gladiolus Drive Widening Project, No. 4083.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested. (#20060068 – County Attorney)

(B)

ACTION REQUESTED/PURPOSE:

Approve the Resolution of Necessity for the acquisition and condemnation of parcels required for the Corkscrew Road Water Treatment Plant Wellfield Expansion, Project No. 7097.

WHAT ACTION ACCOMPLISHES:

The Resolution of Necessity allows the County to proceed with condemnation, if required, of the necessary parcels for expansion of the Corkscrew Road Water Treatment Plant wellfield.

MANAGEMENT RECOMMENDATION: 

Management recommends Board approve the Action Requested. (#20060009 – County Attorney)

13.

HEARING EXAMINER

14.

PORT AUTHORITY

15.

CONSTITUTIONAL OFFICERS