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 28, 2006

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:

Reverend Joseph Gabriel

Full Gospel Assembly

 

 

 

 

Pledge of Allegiance

 

 

 

 

Presentations:

CP1

 

·         

Present 2005 Candy Pittro Memorial Award and acknowledge nominees

 

 

 

CP2

 

·         

Present Minnesota Twins Spring Training Resolution

 

 

 

CP3

 

·         

Library Appreciation Month Resolution

 

 

 

CP4

 

·         

Ceremonial Resolution Recognizing Vivian Hill

 

 

 

CP5

 

·         

Ceremonial Resolution Recognizing Veronica Shoemaker

 

 

 

 

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 until 5:00 PM


CONSENT AGENDA

February 28, 2006 

 

1.

COUNTY ADMINISTRATION

2.

CONSTRUCTION AND DESIGN

3.

COUNTY COMMISSIONERS

4.

COMMUNITY DEVELOPMENT

 

(A)

ACTION REQUESTED/PURPOSE

Authorize the establishment of 7 full-time building inspector and 3 part-time plan review positions for the Department of Community Development to provide adequate customer service due to record building activity.  Positions are fully fee-supported.  Approve transfer of funds from Reserves in the amount of $610,085 to cover salaries, fringes and operating costs for the balance of the current Fiscal Year. Transfer also covers initial capital expenditures, fleet and office remodel/furniture to accommodate new staff.  Approve Budget Amendment Resolution for Fleet Management to cover their increased maintenance expenses.

WHY ACTION ACCOMPLISHES

Provides adequate level of customer service. Building Industry Oversight Committee has endorsed this request.

MANAGEMENT RECOMMENDATION:  

APPROVE (#20060159 - Community Development)

 

5.

HUMAN SERVICES

 

(A)

ACTION REQUESTED/PURPOSE:

Approve and sign a contract amendment between Lee County Board of County Commissioners and Florida’s Department of Community Affairs for Lee County to receive $12,072 in Community Services Block Grant (CSBG) carryover funds from FY 2004-05.

WHAT ACTION ACCOMPLISHES:

Provides for a total of $215,870 for case management, vocational training and supportive and emergency services to facilitate economic self-sufficiency for eligible Lee County households.

MANAGEMENT RECOMMENDATION: 

Approve a contract amendment with Florida’s Department of Community Affairs in order to receive FY 2004-05 carryover funds from CSBG funding. (#20060191 – Human Services)

 

6.

INDEPENDENT

 

(A)

ACTION REQUESTED/PURPOSE: 

Award B-06-09 BRIARCREST CIRCLE SEWER MSBU PROJECT, to the lowest, responsive, responsible bidder meeting all bidding requirements, CABANA CONSTRUCTION CO., for a Base Bid amount of $445,895.00; plus: ALT 1, ALT 2 and ALT 3 for a total not to exceed amount of $555,895.00, with a final project completion time of 150 consecutive calendar days from the date of Official Notice to Proceed. This project was in the CIP and funds will be available.  Also authorize the Chairwoman on behalf of the Board to execute the agreement upon receipt.

WHAT ACTION ACCOMPLISHES: 

The project provides for the installation of Sewer Force Main; decommission and removal of existing sewer plant and drainfield; upgrade lift station.

MANAGEMENT RECOMMENDATION: 

Staff recommends approval (#20060177 – Public Resources)

 

 

(B)

ACTION REQUESTED/PURPOSE

Approve Agreement for Purchase and Sale of Real Estate in Lieu of Condemnation for acquisition of Parcel 267, Three Oaks Parkway South Extension Project No. 4043, in the amount of $174,168; authorize payment of costs to close and the Division of County Lands to handle all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

The acquisition of property required for the Three Oaks Parkway South Extension, No. 4043, without the necessity of an eminent domain action.

MANAGEMENT RECOMMENDATION

Approve.(#20060171 – County Lands)

 

 

(C)

ACTION REQUESTED/PURPOSE

Approve Agreement for Purchase and Sale of Real Estate in Lieu of Condemnation for acquisition of Parcel 261, Three Oaks Parkway South Extension Project No. 4043, in the amount of $13,250; authorize payment of costs to close and the Division of County Lands to handle all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

The acquisition of property required for the Three Oaks Parkway South Extension, No. 4043, without the necessity of an eminent domain action.

MANAGEMENT RECOMMENDATION

Approve.(#20060170 – County Lands)

 

 

(D)

ACTION REQUESTED/PURPOSE:

Adopt revisions to the following Lee County Policies:  101, 201, 202, 204, 210, 211, 307, 311, 312, 401, 402, 404, 405, 406, 407, 408, 504, 506, 508, 601, 602, 700.

Adoption of the resolution to amend Administrative Code 6-1.

WHAT ACTION ACCOMPLISHES:

Updates policies that did not meet the needs of the organization and brings unified policies into effect.

MANAGEMENT RECOMMENDATION:

Adopt revisions. (#20060101 – Human Resources)

 

 

(E)

ACTION REQUESTED/PURPOSE:

Approve award of Formal Quotation No. Q-060078 Annual Purchase of First Aid Kits, Supplies and Service for all county Departments/Divisions, to the low quoter meeting specifications, MSC, at the costs 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/service, 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.  Lee County estimates expending more than $50,000 annually for  First Aid Kits, Supplies and Service. 

WHAT ACTION ACCOMPLISHES

Provides the county with a single source for First Aid Kits, Supplies and Service throughout Lee County.

MANAGEMENT RECOMMENDATION:

Approve as stated. (#20060075 – Purchasing)

 

 

(F)

ACTION REQUESTED/PURPOSE

Approve the reinstatement of position # 02172, Librarian, at the Lee County Library System’s Processing Center.  This Librarian position is the Cataloger for the System and is a permanent full time position @ $54,566 annually.

WHAT ACTION ACCOMPLISHES

Reinstates a position that was previously deleted from System during the FY 05/06 budget cycle.

MANAGEMENT RECOMMENDATION

Recommends Approval (#20060008 – Library)

 

7.

PUBLIC SAFETY

8.

SOLID WASTE-NATURAL RESOURCES

 

(A)

ACTION REQUESTED/PURPOSE

Approve an increase to Purchase Order 74370 in the amount of $3,500.00 for a total purchase order amount of $753,500.00 to Peterson Organics, Inc. to provide the Solid Waste Division with removal and disposal of vegetative mulch resulting from the debris removal activities resulting from Hurricane Wilma.

WHAT ACTION ACCOMPLISHES

Provides approval for the additional work required to transport and dispose of the storm material.

MANAGEMENT RECOMMENDATION:

The Lee County Solid Waste Division requests Board approval of this item. (#20060164 – Solid Waste)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Approve Agreement between Lee Ccounty and Meristar Sub 5J, LLC (South Seas Resort) for the relocation and maintenance of the Redfish Pass navigation channel.

WHAT ACTION ACCOMPLISHES:

The Agreement formalizes the scope, purposes and responsibilities associated with a mutually beneficial project to reestablish the channel between Redfish Pass and the Intracoastal Waterway in a location that is more economically and environmentally sound, than the historic location.

MANAGEMENT RECOMMENDATION:

Approve Agreement. (#20060163 – Natural Resources)

 

9.

TRANSPORTATION

 

(A)

ACTION REQUESTED/PURPOSE:

Approve acceptance of payment to Lee County in the amount of $6,060.48 from JG Gulf Coast Town Center, LLC or their managing agent (CBL & Associates Management, Inc.) for County staff to fabricate and install standard highway “Guide Signs” and directional arrows within Lee County Right of Way.  Motorists are provided with positive guidance to major destinations.

WHAT ACTION ACCOMPLISHES:

Provides for acceptance of the payment of the necessary funds.  Payment of the $6,060.48 covers

The County’s material costs, warehousing, labor, direct and indirect costs (including benefit costs) as well as the estimated maintenance costs for the life of the signs.  Utilizing County forces insures that the signs are fabricated from the correct reflective materials, that the signs and posts are installed properly.  Maintenance and replacement by County crews will be minimized and therefore crews can easily maintain the guide sign installation.  County staff will not be required to incur impacts on staff time for coordination of the project and inspections that would occur if a contractor were utilized.

MANAGEMENT RECOMMENDATION

Approval (#20060143 – Transportation)

 

10.

UTILITIES

 

(A)

ACTION REQUESTED/PURPOSE:

Approve final acceptance, by Resolution, as a donation of water and gravity main extensions to provide potable water service, fire protection and sanitary sewer service to Rails End Estates, an 11-lot residential development. This is a Developer Contributed asset project located on the north side of McGregor Boulevard at intersection of McGregor Boulevard and Shaddelee Lane.

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 (#20060138 – Utilities).

 

 

(B)

ACTION REQUESTED/PURPOSE:

Approve final acceptance, by Resolution, as a donation of water and gravity main extensions to provide potable water service, fire protection and sanitary sewer service to Cascades at Estero, Parcel ‘G’, a phased residential development.  This is a developer contributed asset project located on the south side of Koreshan Boulevard, approximately 1 mile east of S. Tamiami Trail in Estero.

WHAT ACTION ACCOMPLISHES:

Places the potable water and sanitary sewer systems into operation and complies with the Lee County Utilities Operations Manual.

MANAGEMENT RECOMMENDATION:

Approval. (#20060133 – Utilities)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Approve final acceptance, by Resolution, and recording of one (1) utility easement, as a donation of a water main extension known as the Summerlin Commercial Center Off-site Water Main Extension which will provide potable water service and fire protection to the commercial development known as Summerlin Commercial Center.  This is a Developer Contributed asset project located on the southwest corner of Summerlin Road and Safety Street.

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. (#20060126 – Utilities)

 

 

(D)

ACTION REQUESTED/PURPOSE:

Approve construction of a water main and gravity main extension serving HealthPark Florida - Hollyfern Court, to provide potable water service, fire protection and sanitary sewer service to three commercial tracts. This is a Developer Contributed asset project located along the west side of Bass Road, approximately 3,300’ north of Summerlin 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. (#20060125 – Utilities)

 

11.

PARKS AND RECREATION

12.

COUNTY ATTORNEY

13.

HEARING EXAMINER

14.

PORT AUTHORITY

15.

CONSTITUTIONAL OFFICERS

 

(A)

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  (#20060175-Clerk of Court)

 

 

(B)

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  (#20060176-Clerk of Court)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant- Mary M. Berry.  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  (#20060199-Clerk of Court)

 

 

ADMINISTRATIVE AGENDA

February 28, 2006

 

1.

COUNTY ADMINISTRATION

2.

CONSTRUCTION AND DESIGN

3.

COUNTY COMMISSIONERS

4.

COMMUNITY DEVELOPMENT

5.

HUMAN SERVICES

6.

INDEPENDENT

 

(A)

ACTION REQUESTED/PURPOSE:

Approve the Amendment to the Collective Bargaining Agreement between Lee County and the Southwest Florida Professional Firefighters and Paramedics, Local 1826, I.A.F.F.; Amendment is effective October 1, 2005 through September 30, 2006.

WHAT ACTION ACCOMPLISHES:

Completes negotiations for the re-opener under the Collective Bargaining Agreement.

MANAGEMENT RECOMMENDATION:

Approval. (#20060198 – Human Resources)

 

7.

PUBLIC SAFETY

 

(A)

ACTION REQUESTED/PURPOSE:

Approve Bid Waiver # W-060250 to waive the formal quotation procedure, and allow Public Safety-EMS to purchase Eurocopter airframe parts, as well as the repair/labor of airframe parts, from American Eurocopter.  A waiver has been requested because American Eurocopter is the sole distributor of helicopter parts for Eurocopter Aircraft operating within the United States geographic area (please see Attachment #3).  It is also requested that the term of this waiver be for the remaining useful life of the aircraft with an annual estimated expenditure of $100,000.

WHAT ACTION ACCOMPLISHES:

Allows Public Safety-EMS to purchase required parts, etc. on an as-needed basis in order to keep the helicopters fully operational.

MANAGEMENT RECOMMENDATION:

Approve as stated. (#20060137 – 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 parcels required for the Corkscrew Road Widening Project (CRSA/MSBU), No. 4723, from Ben Hill Griffin Parkway east to the Bella Terra (Habitat) subdivision.

WHAT ACTION ACCOMPLISHES: 

Allows the County to proceed with condemnation, if necessary, so parcels can be acquired for the Corkscrew Road Widening Project (CRSA/MSBU), No. 4723, from Ben Hill Griffin Parkway east to the Bella Terra (Habitat) subdivision.

MANAGEMENT RECOMMENDATION

Approve (#20060162 – County Attorney)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Authorize and approve utilization of the law firm of Nabors, Giblin & Nickerson, P.A. (Tallahassee) by and through Sarah M. Bleakley, Esq. for specialized legal services on designated Bills before the Legislature for this Legislative Session as outlined in the attached proposed letter.  Ms. Bleakley will continue to coordinate with and supplement the County’s Lobbyist Team.

WHAT ACTION ACCOMPLISHES:  

A.  Provides legal consulting services to the County for this Legislative Session for specific matters and Bills currently being developed and heard by Legislative Committees.  B.  Enhances Lee County’s legal presence in Tallahassee for this upcoming Legislative Session.

MANAGEMENT RECOMMENDATION:  

Approve engagement of Sarah M. Bleakley, Esq., of Nabors, Giblin & Nickerson, P.A. for the 2006 Legislative Session. (#20060181 – County Attorney)

 

 

(C)

ACTION REQUESTED/PURPOSE:  

Provide County administrative and legal staff with additional guidance and direction concerning the Board’s policy for the purchase of Babcock Ranch lands lying within Lee County that are available for purchase.

WHAT ACTION ACCOMPLISHES:  

Clarifies the Board’s policy and directions to staff for the purchase of Babcock Ranch lands lying within Lee County that are available for sale to the County.

MANAGEMENT RECOMMENDATION:  

Provide direction to staff with respect to the purchase of Babcock Ranch lands lying within Lee County. (#20060190 – County Attorney)

 

 

(D)

ACTION REQUESTED/PURPOSE

1.  Request Board establish for immediate use, a fund for the County Attorney’s Office to secure and employ outside counsel and prospective expert witnesses for any legal action(s) that may be directed by the Board in the future relating to the discharges from Lake Okeechobee.  2.  Request an initial amount of $250,000.00.

WHAT ACTION ACCOMPLISHES:  

Provides the County Attorney’s Office with funds to investigate and prepare for potential Board litigation concerning the Lake Okeechobee discharges.

MANAGEMENT RECOMMENDATION:  

Provide the requested funds to initiate the investigation and preparation for litigation if deemed necessary and appropriate by the Board at a later time. (#20060196 – County Attorney)

 

13.

HEARING EXAMINER

14.

PORT AUTHORITY

15.

CONSTITUTIONAL OFFICERS

 

PUBLIC AGENDA

February 28, 2006

 

5:00 PM

(#1)

ACTION REQUESTED/PURPOSE:

Conduct a Public Hearing and consider the adoption and execution of the proposed Ordinance repealing and replacing Lee County Ordinance No. 86-13, relating to moving expenses in hiring of County personnel.

WHAT ACTION ACCOMPLISHES:

Allows the Board to formally adopt the Ordinance at a scheduled, advertised Public Hearing, updating the moving expenses revision and allows for amendment to the Personnel Policies & Procedures Manual relating to the same topic.

MANAGEMENT RECOMMENDATION:

Approve (#20060117 – County Attorney)

 

5:05 PM

Public Presentation of Matters by Citizens

 

 

Adjourn