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

May 09, 2006

9:30 AM

Invocation:

Pastor Ralph Rivers

Good Shepherd United Methodist Church

Pledge of Allegiance

Presentations:

CP 1

·         

Letter Carriers National Food Drive Day – (#20060463 – Commissioner St. Cerny)

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 and a portion of a 20-foot Drainage Easement  located at 1938 and 1942 Golfside Village Ln., Lehigh Acres  (Case No. VAC2006-00004) (S27-T44S-R27E) (#5). 

WHAT ACTION ACCOMPLISHES: 

To clear title for a pool cage encroachment into the easements which occurred when the home was constructed in 1992. 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 (#20060311 – Community Development)

Adjourn

1.

COUNTY ADMINISTRATION

(A)

ACTION REQUESTED/PURPOSE:

Authorize Budget Amendment Resolutions for the receipt of $107,411,143 of bond proceeds from the Solid Waste Revenue & Refunding Bonds, Series 2006A & B and related budget adjustments.  Approve various budget resolutions & transfers and amend the FY05-06/09-10 CIP accordingly.

WHAT ACTION ACCOMPLISHES:

Establishes the accounts necessary to receive bond proceeds.

MANAGEMENT RECOMMENDATION:

Approval of the budget amendment resolutions. (#20060388 – 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 POTTORFF ELEMENTary school generator project to Westco Builders of Florida, Inc., for a total Guaranteed Maximum Price (GMP) of $511,870.00 (includes CM fee of $38,160.00), with a total completion time of 180 days.  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. Funds are available for this project. Further authorize Chairwoman to execute the CM Agreement.

WHAT ACTION ACCOMPLISHES: 

Provides Lee County with a Construction Manager for the Pottorff Elementary School Generator Project to include, but not limited to: installation of a new 1000 kw generator and automatic transfer switch to the adjacent chiller room.

MANAGEMENT RECOMMENDATION: 

Staff Recommends Approval. (#20060476 – Construction & Design)

3.

COUNTY COMMISSIONERS

4.

COMMUNITY DEVELOPMENT

(A)

ACTION REQUESTED/PURPOSE:

Authorize the following SHIP contract changes: 1) Cancel Contract C-3073 for $209,109 between the BOCC and Renaissance Manor, Inc.; and, 2) Amend Contract C-3379 between the BOCC and Partnership In Housing, Inc for Pueblo Bonito III to increase it by $209,109.00 from $292,513.00 to $501,622.00

WHAT ACTION ACCOMPLISHES:

Approval would allow adaptation to current economic conditions and timely expenditure of SHIP funds.

MANAGEMENT RECOMMENDATION:

Approve (#20060530 – Community Development)

5.

HUMAN SERVICES

6.

INDEPENDENT

(A)

ACTION REQUESTED/PURPOSE: 

Approve Purchase Agreement for the acquisition of Parcel 1021, Imperial Street Widening, Project No. 4060, in the amount of $16,700; authorize payment of costs to close and authorize the Division of County Lands to handle all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES: 

The Board avoids Eminent Domain.

MANAGEMENT RECOMMENDATION: 

Management recommends Board approve the Action Requested. (#20060481 – County Lands)

(B)

ACTION REQUESTED/PURPOSE: 

Approve the award of Formal Quotation No. Q-060164, The Annual Purchase of Data and Voice Cable and Installation for Countywide use to the following pool of qualified vendors: Kent Technologies, Inc., Compulink, Fiber Solutions, Jan-Tech Communications Inc., Black Box Network Services and Telecommunication Conexxions of Florida Inc. This quotation shall be in effect for one year, or until new quotations are taken and awarded. Also, request authority to renew this quotation for four additional one-year periods, under the same terms and conditions, if in the best interest of the County, at the expiration of the original term. It is anticipated that we will spend approximately $300,000 for the purchase and installation of data and voice cable over the next twelve months. Each installation will be competitively quoted among the qualified vendors; the award will be to the low quoter and processed per the County’s established procedures – for example, if the total cost is over $100,000, Board approval will be required. Also would request permission to negotiate with the vendor for additional work on an as-needed basis. Please grant the Director of Purchasing the authority to dismiss someone from the pool per the terms and conditions of the quote.

WHAT ACTION ACCOMPLISHES: 

Allows the County to install voice and data cable at competitive prices from a pre-approved pool of vendors.

MANAGEMENT RECOMMENDATION:

Approve as stated. (#20060498 – ITG)

(C)

ACTION REQUESTED/PURPOSE: 

Approve extending CN-03-09 EMPLOYEE INSURANCE BENEFITS CONSULTANT AND ACTUARIAL AUDITOR, to AON Consulting, Inc., for an additional two (2) year period of time; for an amount not-to-exceed $330,000.00 per year.

WHAT ACTION ACCOMPLISHES: 

Provides Lee County with continuous service with a consultant who has performed any and all services as the Employee Benefits Consultant and Actuarial Auditor.

MANAGEMENT RECOMMENDATION: 

Approval. (#20060499 – Human Resources)

(D)

ACTION REQUESTED/PURPOSE: 

Authorize (1) Acceptance of donation of Parcel 100, consisting of a Perpetual Public Utility Easement for the San Carlos Golf Course Reuse Waterline Project No. 7255; (2) payment of costs to close; (3) the Division of County Lands to handle all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES: 

Acquisition of easement for replacement of old reuse line to San Carlos Park Golf Course. 

MANAGEMENT RECOMMENDATION: 

Approve (#20060507 – County Lands)

(E)

ACTION REQUESTED/PURPOSE: 

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $11,300 for Parcel 1007, 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. (#20060515 – County Lands)

(F)

ACTION REQUESTED/PURPOSE: 

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $7,000 for Parcel 1005, 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. (#20060516 – County Lands)

(G)

ACTION REQUESTED/PURPOSE: 

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $17,800 for Parcel 1009, 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. (#20060517 – County Lands)

7.

PUBLIC SAFETY

8.

SOLID WASTE-NATURAL RESOURCES

9.

TRANSPORTATION

(A)

ACTION REQUESTED/PURPOSE:

Authorize Chairwoman Hall to execute a “Right – of – Way Consent Agreement” as required by Florida Power and Light (FPL) to install 4 culverts under their easement road that transects the “Island Park Regional Mitigation Area”.  The agreement was drafted by the Lee County Attorney’s office and approved by FPL.

WHAT ACTION ACCOMPLISHES:

Confirms approval by FPL for Lee County DOT to install 4 culverts under their easement road on the “Island Park Regional Mitigation Area”.  The culvert installation is part of the mitigation plan required by the South Florida Water Management District (SFWMD) and U.S. Army Corps of Engineers (ACOE) permits issued for construction of the Transportation project known as Three Oaks Parkway South.

MANAGEMENT RECOMMENDATION: 

Approve (#20060501 – Transportation)

(B)

ACTION REQUESTED/PURPOSE:

Authorize the Chairwoman to execute a Sovereign Submerged Land Lease with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida.

WHAT ACTION ACCOMPLISHES:

Execution of this easement allows Lee County to construct a bridge over the Imperial River, claimed as sovereign submerged land by the State of Florida, as part of the Imperial Street Widening Project.

MANAGEMENT RECOMMENDATION: 

Approval Recommended. (#20060519 – Transportation)

10.

UTILITIES

(A)

ACTION REQUESTED/PURPOSE:

Approve final acceptance as a donation of a force main connection serving Indulok, 16200 San Carlos Blvd. to provide sewer service to this existing commercial building. This is a Developer Contributed asset project located on the southwest corner of San Carlos Blvd. and Chipwood 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 (#20060364 – Utilities)

(B)

ACTION REQUESTED/PURPOSE:

Approve final acceptance, by Resolution and recording of one (1) Utility Easement, as a donation of two (2) 6” diameter fire lines and 26 water services serving Merchants Crossing Shopping Center Addition to provide potable water service and fire protection to this recently constructed commercial building. This is a Developer Contributed asset project located on the northwest corner of North Cleveland Avenue and Pine Island 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 (#20060367 – Utilities)

(C)

ACTION REQUESTED/PURPOSE:

Approve final acceptance, by Resolution, as a donation of one (1) relocated fire hydrant serving The Shores at Gulf Harbour, Phase 5 to provide fire protection to this recently constructed residential condominium. This is a Developer Contributed asset project located at the northwest corner of Royal Harbour Court and Bienvenida Way.

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 (#20060368 – Utilities)

(D)

ACTION REQUESTED/PURPOSE:

Approve final acceptance, by Resolution as a donation of one (1) 4 inch diameter fire line and one (1) 1 inch diameter water service serving Central Metropolitan Commercial Center South a.k.a. Metropolitan Business Park, lot 8 to provide potable water service and fire protection to this recently constructed medical office building. This is a Developer Contributed asset project located on the west side of Metropolis Ave approximately 200’ north of Krypton 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. (#20060377 – Utilities)

(E)

ACTION REQUESTED/PURPOSE:

Approve final acceptance, by Resolution and recording of one (1) Utility Easement, as a donation of one (1) 8’’ diameter fire line, one (1) fire hydrant and one (1) 5/8’’ diameter water service serving Fort Myers Self Storage to provide potable water service and fire protection to this recently constructed commercial building. This is a Developer Contributed asset project located on the east side of US 41 north approximately 700’ north of Pondella 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. (#20060378 – Utilities)

(F)

ACTION REQUESTED/PURPOSE: 

Approve the award of Project # PB060418, the purchase of one John Deere Model 544J wheel loader for Utilities, from Nortrax Equipment Co., at the Florida Sheriffs Association Bid price of $98,639 – plus non-contract options in the amount of $20,675.25 – for a total expenditure of $119,314.25.

WHAT ACTION ACCOMPLISHES: 

Provides Utilities with a new loader that will be used for the disposing of soil at job sites such as, but not limited to, water main breaks, force main breaks, gravity line breaks, new water or sewer line installations, and line upgrades and/or replacements throughout Lee County.

MANAGEMENT RECOMMENDATION: 

Approve as stated. (#20060504 – Utilities)

11.

PARKS AND RECREATION

(A)

ACTION REQUESTED/PURPOSE: 

Award B-06-18 EXOTIC PLANT REMOVAL AT DEEP LAGOON PRESERVE to the lowest responsive, responsible bidder, Greenwerx Groundskeeping, Inc., for a total contract amount of $193,750.0, with a total project completion time 90 days, with follow-up treatments after approximately one (1) year. Also, authorize Chairwoman to execute agreement upon receipt. This project will be partially funded by a grant from the Division of Forestry. This project was anticipated and funds are available.

WHAT ACTION ACCOMPLISHES: 

Provides Lee County with a Contractor to remove exotics plants in the Deep Lagoon Preserve area, by mowing followed by herbicide. There will be three areas to be treated; followed by a second treatment with six (6) months to one years’ time.

MANAGEMENT RECOMMENDATION: 

Approval recommended. (#20060518 – Parks & Recreation)

12.

COUNTY ATTORNEY

(A)

ACTION REQUESTED/PURPOSE: 

Direct an ordinance amending Lee County Land Development Code Chapter 34 to establish standards to provide consistency with respect to duplex residential units to public hearing as follows:

            LPA                             -May 22 at 8:30 a.m.

            1st Public Hearing         -May 23 at 5:05 p.m.

            2nd Public Hearing        -June 13 at 5:05 p.m.

WHAT ACTION ACCOMPLISHES: 

Two public hearings are required to amend land development regulations.  If adopted the regulations will establish countywide standards for duplex residential units, specifically requiring driveways and landscaping.

MANAGEMENT RECOMMENDATION:

Approve (#20060521 – County Attorney)

(B)

ACTION REQUESTED/PURPOSE: 

Approve and execute the Assignment of Mortgage Lien and Guarantee of Completion of Reclamation Agreement pertaining to the Bonita Grande Mine property which has been annexed into the City of Bonita Springs.

WHAT ACTION ACCOMPLISHES: 

If approved, the assignment will provide the City of Bonita Springs with all rights held by Lee County with respect to the reclamation for the Bonita Grande Mine operation.  Execution of the assignment complies with the City’s request.

MANAGEMENT RECOMMENDATION:

Approve (#20060523 – County Attorney)

(C)

ACTION REQUESTED/PURPOSE: 

Authorize Chairwoman to execute deed to Lee Memorial Health System.

WHAT ACTION ACCOMPLISHES: 

Transfers legal title to Lee Memorial Health System for property that was condemned by the County in 1966 for construction of the existing hospital.

MANAGEMENT RECOMMENDATION:

Approve (#20060524 – 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- Johnson.  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  (#20060531 – Clerk of Court)

(B)

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. Florida Statute Chapter 136.06 (1) requires that all County disbursements be recorded in the Minutes of the Board.

WHAT ACTION ACCOMPLISHES:

Compliance with the requirements of FS 136.06 (1)

MANAGEMENT RECOMMENDATION:

Approve  (#20060532 – Clerk of Court)

(C)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant- Gongora.  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  (#20060535 – Clerk of Court)

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

(A)

ACTION REQUESTED/PURPOSE:

Approve Bid Waiver # W-060414 to waive the formal quotation procedure, and allow the Public Works Department/Utilities Division to purchase Greenleaf filter parts, equipment and service from Infilco Degremont, Inc. through their authorized representative in Florida Moss-Kelly, Inc at a total cost of $212,818. Approval is also requested for an additional 10% over the total cost for any incidentals related to the rehab of the Olga WTP. A waiver has been requested because Moss-Kelly, Inc. is the authorized representative for Infilco Degremont of Greenleaf filter parts, equipment and service in the State of Florida (please see Attachment #3). 

WHAT ACTION ACCOMPLISHES:

Allows Public Works Department/Utilities Division to purchase required parts, etc. to completely rehabilitate the existing Greenleaf filter unit.

MANAGEMENT RECOMMENDATION:

Approve as stated. (#20060489 – Utilities)

11.

PARKS AND RECREATION

12.

COUNTY ATTORNEY

13.

HEARING EXAMINER

14.

PORT AUTHORITY

15.

CONSTITUTIONAL OFFICERS

#1

Walk On

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 601.
WHAT ACTION ACCOMPLISHES:
Updates policies that did not meet the needs of the organization and brings unified policies into effect.
MANAGEMENT RECOMMENDATION:
Adopt Revisions.

REASON FOR WALK ON
Directed at M & P meeting, May 1, 2006.  (#20060101 – Human Resources)

#2

ACTION REQUESTED/PURPOSE:
Request Board of County Commissioner (BOCC) concurrence in increasing enforcement of the Lee County Water Conservation Ordinance #05-10 by issuing warnings and imposing fines per the Ordinance.
WHAT ACTION ACCOMPLISHES:
Allows Lee County Utilities and Division of Natural Resources authority to strictly impose fines for violations to Ordinance #05-10.   
MANAGEMENT RECOMMENDATION:
Strictly enforce the Water Conservation Ordinance to conserve water supply.
REASON FOR WALK ON:
Continued extreme dry climatic conditions have resulted in a sharp increase in residential irrigation, stretching the water resources of Lee County to their limits.  To protect the resources, Lee County needs to take swift action in increasing its enforcement of Lee County Ordinance No. 05-10 to limit landscape irrigation to two days per week. (#20060573 -Utilities)
 

#3