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

 

 

November 7, 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 on the Internet at http://www.lee-county.com. Additional information is available in the Public Resources Office, 1st Floor, Administration Building, 2115 Second St., Fort Myers, FL

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:

Rabbi Benjamin Sendrow

Temple Judea Synagogue

 

 

 

 

Pledge of Allegiance

 

 

 

 

Presentations:

CP 1

 

·         

Ceremonial Resolution recognizing Veterans Day

(Commissioner Hall - #20061303)

 

 

 

CP 2

 

·         

Ceremonial Resolution recognizing National Hunger and Homelessness Awareness Week (Commissioner Janes - #20061393)

 

 

 

 

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


CONSENT AGENDA

November 7, 2006

 

1.

COUNTY ADMINISTRATION

2.

CONSTRUCTION AND DESIGN

 

(A)

ACTION REQUESTED/PURPOSE:

Approve Change Order No. 5 under RFQ-02-04 Justice Center Expansion - Phase VI (Tower), with Centex Construction (Contract #3083) in the amount of $887,638.84. Further authorize Chairwoman on behalf of the Board to execute Change Order No. 5.

WHAT ACTION ACCOMPLISHES: 

For work to add labor and material cost for the Thermal Storage System.

MANAGEMENT RECOMMENDATION: 

Staff recommends approval (#20061437 – Construction & Design)

 

3.

COUNTY COMMISSIONERS

4.

COMMUNITY DEVELOPMENT

5.

HUMAN SERVICES

 

(A)

ACTION REQUESTED/PURPOSE:

Approve and execute a contract between the State of Florida, Department of Health and Lee County Board of County Commissioners for services to be provided by the Lee County Health Department from October 1, 2006 through September 30, 2007, providing $1,876,717 in cash and additional in-kind resources.

WHAT ACTION ACCOMPLISHES:

Provides county funding and support to the Lee County Health Department in the amount of $1,876,717 for public health services, retention of the county assessed portion of public health fees and other revenues and in-kind services.  Funds were approved during the FY 2007 Budget Public Hearings.

MANAGEMENT RECOMMENDATION:

Recommend Approval (#20061414 – Human Services)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Authorize approval of the State Agreement for the receipt of Challenge Grant funds and sub-recipient agreements.  Also authorize Department of Human Services Deputy Director to sign required grant reports.  Approve budget resolution for State of Florida FY 2007 Challenge Grants in the amount of $100,000 for the County fiscal year 2006-2007. 

WHAT ACTION ACCOMPLISHES: 

Allows the Department to accept a contract from the State of Florida and proceed with program activities and the execution of sub-recipient contracts as well as monthly reports.

MANAGEMENT RECOMMENDATION:

Staff recommends approval. (#20061418 – Human Services)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Authorize approval of the State agreement for the receipt of Lee County’s Homeless Housing Assistance Grant and sub-recipient agreements.  Also authorize Department of Human Services Deputy Director to sign required grant reports.  Approve budget resolution for State of Florida FY07 Homeless Housing Assistance Grant in the amount of $750,000 for the County fiscal year 2006-2007.

WHAT ACTION ACCOMPLISHES:

Allows the Department to accept a contract from the State of Florida and proceed with activities and the execution of a sub-recipient contract as well as monthly reports.

MANAGEMENT RECOMMENDATION: 

Staff recommends approval. (#20061426 – Human Services)

 

6.

INDEPENDENT

 

(A)

ACTION REQUESTED/PURPOSE:  

Approve Purchase Agreement for acquisition of Parcel 314, Ortiz Avenue Project 4072, in the amount of $51,000, 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: 

Approve. (#20061391 – County Lands)

 

7.

PUBLIC SAFETY

8.

SOLID WASTE-NATURAL RESOURCES

 

(A)

ACTION REQUESTED/PURPOSE:

Approve transfer from CIP Reserves in the amount of $100,000 for unanticipated revenues for the Gator Slough Channel Improvements Project No. 8533 and amend the FY06/07-10/11 Capital Improvement Program accordingly.  

WHAT ACTION ACCOMPLISHES:

Provides for use of unanticipated revenues for future land acquisition for Gator Slough Improvements project.

MANAGEMENT RECOMMENDATION:

Staff recommends approval. (#20061408 – Natural Resources)

 

 

(B)

ACTION REQUESTED/PURPOSE: 

Approve Budget Amendment Resolution to fund 18 FY06/07 WCIND projects totaling $1,007,225.00. Execute subgrant agreements with local governments, non-profit organizations, and various Lee County Law Enforcement agencies to implement 12 FY06/07 WCIND projects totaling $463,895.00 via 12 individual subgrants.

WHAT ACTION ACCOMPLISHES: 

Formalizes duties and responsibilities of Lee County and subgrantees in implementing WCIND funded projects.  Establishes projects and account strings.  Authorizes Commission Chairman to sign all agreements pertaining to the 06-07 WCIND Waterway Development Program.

MANAGEMENT RECOMMENDATION: 

Staff recommends approval. (#20061425 – Natural Resources)

 

 

(C)

ACTION REQUESTED/PURPOSE: 

Concur with the ranking of Consultants by the Competitive Negotiations Committee for CN-06-20 EAST MULLOCH DRAINAGE DISTRICT FACILITY ANALYSIS, in the following order of ranking and authorize contract negotiations to commence with the number one ranked firm:  (1) Boyle Engineering Corporation; (2) RWA, Inc.; (3) Environmental Consulting & Technology, Inc.

WHAT ACTION ACCOMPLISHES: 

Provides Lee County with a Consultant for the purpose of evaluating the financial considerations for transferring the ownership and operations of the East Mulloch Drainage District to Lee County under a MSBU/MSTU.

MANAGEMENT RECOMMENDATION: 

Approval recommended. (#20061431 – Natural Resources)

 

9.

TRANSPORTATION

 

(A)

ACTION REQUESTED/PURPOSE: 

Approve Supplemental Task Authorization (STA) No. 10 to Contract No. 2484 to Hole Montes, Inc., under CN-03-07, Miscellaneous Professional Services – Corkscrew Road Improvements East of Ben Hill Griffin Parkway, for continuation of the project in the amount of $356,785.00, for a total contract amount of $1,203,676.00.  Authorize Chairwoman to execute STA on behalf of the Board.  This STA was anticipated and funds are within the project budget.

WHAT ACTION ACCOMPLISHES: 

Enables consultant to continue with the design services, signal, permitting and landscape services for the Corkscrew Road Improvements East of Ben Hill Griffin Parkway project.

MANAGEMENT RECOMMENDATION: 

Staff Recommends Approval (#20061374 – Transportation)

 

 

(B)

ACTION REQUESTED/PURPOSE:  

Award RFQ-06-11 VALUE PRICING STUDY FOR SANIBEL BRIDGE AND CAUSEWAY, to the Consultant whose proposal was evaluated by the Proposal Evaluation Committee as being in the best interest of Lee County, Wilbur Smith Associates, in a not-to-exceed amount of $250,000.00.  Also, authorize Chairwoman to execute agreement upon receipt.  Funds for this project will be available upon the approval of carryovers.

WHAT ACTION ACCOMPLISHES: 

Provides Lee County with a Consultant to research and suggest up to six scenarios options for value pricing plans for the Sanibel Bridge and Causeway.  The value pricing plans will be presented as determined by the County project manager.  A minimum of four (4) focus group meetings will be conducted along with creation of a video summary of the findings.  In consultation with chosen entities, two preferred value pricing plans will be selected, two preferred value pricing plans will be selected from the original scenarios.  A final plan shall be developed and analyzed for overall feasibility.

MANAGEMENT RECOMMENDATION: 

Approval recommended. (#20061398 – Transportation)

 

10.

UTILITIES

 

(A)

ACTION REQUESTED/PURPOSE:

Approve final acceptance, by Resolution and recording of one (1) Utility Easement, as a donation of two (2) 10’’ diameter master meter assemblies and a force main extension to provide potable water service, fire protection and sanitary sewer service to Mercedes Plaza, a recently constructed automobile dealership. This is a Developer Contributed asset project located along the east side of US 41 approximately ½ mile 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. (#20061380 – Utilities)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Approve construction of one 4’’ diameter master meter assembly one 6’’ diameter fire line; and a force main connection serving Island Passage to provide potable water service, fire protection and sanitary sewer service to this proposed 50 unit, multi-family development. This is a Developer Contributed asset project located at the north side of McGregor Boulevard between Port Comfort Road and Harbour Point 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. (#20061381 – Utilities)

 

11.

PARKS AND RECREATION

 

(A)

ACTION REQUESTED/PURPOSE:

Authorize the chairwoman to sign Task Assignment SW-099 on Contract SL 893 between the Florida Department of Environmental Protection (DEP) and Lee County for upland exotic plant control at Popash Creek Preserve.  Approve Budget Amendment in the amount of $261,680.

WHAT ACTION ACCOMPLISHES:

To allow exotic control work to be done at Popash Creek Preserve.

MANAGEMENT RECOMMENDATION:

The contract set up the mechanism for Lee County to receive funding on a reimbursement basis for exotic plant control performed through this contract on a task assignment basis.

(#20061443 – Parks and Recreation)

 

12.

COUNTY ATTORNEY

 

(A)

ACTION REQUESTED/PURPOSE: 

Accept warranty deeds for turn lanes and roundabout segments of Sandy Lane from Edward J. McArdle, Trustee, Coconut Point Developers, LLC, North Point Lakes, LLC and ALV Coconut Point, LLLP; approve road impact fee credits in the amount of  $274.225.09 related to Parcel S3-3; approve execution of County Quit Claim Deed to ALV Coconut Point, LLLP for a parcel (S3-5) not necessary for the right-of-way construction in exchange for a parcel of similar size (S3-6) used for construction of the roundabout; authorize the County Attorney’s Office to accept and record documents related to the right-of-way transaction.

WHAT ACTION ACCOMPLISHES: 

Acceptance and approval of the deeds satisfies requirements related to the transfer of land to support construction of Sandy Lane in accordance with the Coconut Point DRI Development Order and Development Agreement.

MANAGEMENT RECOMMENDATION:

Approve (#20061429 – County Attorney)

 

13.

HEARING EXAMINER

14.

PORT AUTHORITY

15.

CONSTITUTIONAL OFFICERS

 

(A)

ACTION REQUESTED/PURPOSE:

Request Board’s approval and Chairman’s signature on federal and state tax returns for Three “S” Disposal, Incorporated. There is no tax due.

WHAT ACTION ACCOMPLISHES:

To file federal and state tax returns.

MANAGEMENT RECOMMENDATION:

File Forms 1120 and F-1120-A, federal and state tax returns, for Three “S” Disposal, Incorporated for the year ended August 31, 2006. (#20061404 – Clerk of Court)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Approval of the following Minutes of the Board of County Commissioners Meetings:

February 12, 2002 (Regular)                           March 30, 2004 (Regular)

January 28, 2003 (Regular)                             May 10, 2004 (Special)

February 17, 2004 (Regular)                           May 17, 2004 (Zoning)

March 08, 2004 (Special)                                June 21, 2004 (Zoning)

March 15, 2004 (Zoning)                                July 26, 2004 (Special)

March 16, 2004 (Regular)                               August 26, 2004 (Lee Plan)

WHAT ACTION ACCOMPLISHES:

MANAGEMENT RECOMMENDATION:

Approve (#20061438 – Clerk of Courts)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Approval of the following Minutes of the Board of County Commissioners Meetings:

September 22, 2004 (Special)                         January 31, 2005 (Zoning)

October 04, 2004 (Zoning)                             March 21, 2005 (Zoning)

November 1, 2004 (Zoning)                           April 04, 2005 (Zoning)

November 15, 2004 (Zoning)                         April 18, 2005 (Zoning)

December 06, 2004 (Zoning)                          May 02, 2005 (M&P)

December 20, 2004 (Zoning)                          May 02, 2005 (Zoning)

WHAT ACTION ACCOMPLISHES:

MANAGEMENT RECOMMENDATION:

Approve (#20061439 – Clerk of Courts)

 

 

(D)

ACTION REQUESTED/PURPOSE:

Approval of the following Minutes of the Board of County Commissioners Meetings:

May 16, 2005 (Zoning)                                   October 31, 2005 (Zoning)

June 01, 2005 (Comp Plan)                             November 07, 2005 (Zoning)

June 20, 2005 (Budget Workshop)                  November 21, 2005 (Zoning)

August 01, 2005(Zoning)                                December 05, 2005 (Zoning)

August 15, 2005 (Zoning)                               December 06, 2005 (Regular)

October 03, 2005 (Zoning)                              December 19, 2005 (Zoning)

WHAT ACTION ACCOMPLISHES:

MANAGEMENT RECOMMENDATION:

Approve (#20061440 – Clerk of Courts)
 

 

(E)

ACTION REQUESTED/PURPOSE:

Approval of the following Minutes of the Board of County Commissioners Meetings:

January 09, 2006 (Special Workshop)             February 20, 2006 (Zoning)

January 09, 2006 (M&P)                                 April 03, 2006 M&P)

January 30, 2006 (Zoning)                              May 01, 2006 (M&P)

February 06, 2006 (M&P)                                

WHAT ACTION ACCOMPLISHES:

MANAGEMENT RECOMMENDATION:

Approve (#20061441 – Clerk of Courts)
 

 

(F)

ACTION REQUESTED/PURPOSE:

Request Board approves disbursements. The check and wire registers can be reviewed on the 3rd 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  (#20061455 – Clerk of Court)

 

 

ADMINISTRATIVE AGENDA

November 7, 2006

 

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 settlement in Lee County v. South Florida Shutter and Window Co., Inc., et al., Case No. 03CA-4316, Parcels 114 and 114D, Veronica Shoemaker Boulevard project.

WHAT ACTION ACCOMPLISHES:  

Settles all claims for parcels 114 and 114D excluding fees and costs.

MANAGEMENT RECOMMENDATION:  

Approve settlement. (#20061432 – County Attorney)

 

 

(B)

ACTION REQUESTED/PURPOSE: 

Approve the Collective Bargaining Agreement between Lee County and the Southwest Florida Professional Firefighters and Paramedics, Local 1826, I.A.F.F. (hereinafter “Local 1826”), effective October 1, 2006, through September 30, 2009.

WHAT ACTION ACCOMPLISHES:

Ratifies the Collective Bargaining Agreement between Lee County and the Southwest Florida Professional Firefighters and Paramedics, Local 1826, I.A.F.F.

MANAGEMENT RECOMMENDATION:

Both Parties have diligently worked on the Collective Bargaining Agreement and recommend that it be approved by the Board. (#20061456 – County Attorney)

 

13.

HEARING EXAMINER

14.

PORT AUTHORITY

15.

CONSTITUTIONAL OFFICERS