District #1

Bob Janes

 

District #2

Brian Bigelow

 

District #3

Ray Judah

 

District #4

Tammy Hall

 

District #5

Frank Mann

 

Donald D. Stilwell

County Manager

 

David M. Owen

County Attorney

 

 

November 21, 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:

 Pastor Jamie Westlake

Cypress Lake United Methodist Church

 

 

 

 

Pledge of Allegiance

 

 

 

 

Annual Organization of the Board of County Commissioners (#20061324 – Public Resources)

 

 

 

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 21, 2006

 

1.

COUNTY ADMINISTRATION

 

(A)

ACTION REQUESTED/PURPOSE: 

Approve and authorize Chairman to execute interlocal agreements between Lee County and the City of Bonita Springs, the City of Cape Coral, the Town of Fort Myers Beach, and the City of Sanibel for fifteen (15) separate Lee County Tourist Development Council Beach & Shoreline projects.

WHAT ACTION ACCOMPLISHES:

Provides a mechanism to reimburse the municipalities with TDC beach and

shoreline program funds.

MANAGEMENT RECOMMENDATION: 

Recommend Approval. (#20061465 – Visitor and Convention Bureau)

 

2.

CONSTRUCTION AND DESIGN

 

(A)

ACTION REQUESTED/PURPOSE: 

Approve award from the Florida State Contract #250-000-03-01 (IT Hardware) for the Administration East Building (fka The Wachovia Building) Network to Shared Technologies Inc., for a total amount not-to-exceed $371,511.69 + a 10% contingency in the amount of $37,500.00 (to cover miscellaneous items, if needed).  Further approve award from the Florida State Contract #250-000-03-01 (IT Hardware) for the Administration East Building (fka The Wachovia Building) Network to Kent Technologies, Inc., for a total amount not-to-exceed $464,992.23 + a 10% contingency in the amount of $47,000.00 (to cover miscellaneous items, if needed).  Also approve Budget Transfer in the amount of $954,500.00 from the Capital Improvement Fund Reserves to the Administration East Voice and Data Project and amend FY 06/07 – 10/11 CIP accordingly.

WHAT ACTION ACCOMPLISHES: 

Provides two contractors to replace inadequate telecommunication systems in the Administration East Building and install network equipment in order to connect to County network.

MANAGEMENT RECOMMENDATION: 

Staff Recommends (#20061476 – Construction & Design)

 

 

(B)

ACTION REQUESTED/PURPOSE: 

Approve Change Order No. 23 to BSSW Architects, Inc. under CN-01-03 LEE COUNTY JUSTICE CENTER EXPANSION, Contract No. 1785, in the amount of $977,000.00, for design services of the Parking Structure.  Authorize Chairwoman to execute Change Order on behalf of the Board.

WHAT ACTION ACCOMPLISHES: 

The Change Order provides Lee County with design services of a 1,100 to 1,200 car parking structure located adjacent to the existing Justice Center.

MANAGEMENT RECOMMENDATION: 

Staff recommends approval. (#20061501 – Construction and Design)

 

3.

COUNTY COMMISSIONERS

4.

COMMUNITY DEVELOPMENT

 

(A)

ACTION REQUESTED/PURPOSE:

A) Adopt a resolution increasing the maximum State Housing Initiatives Partnership (SHIP) affordable housing program assistance as shown in the attached resolution and approve transmittal of the amended SHIP plan to the Florida Housing Finance Corporation.  B) Authorize staff to make minor revisions that may be required for final state approval.

WHAT ACTION ACCOMPLISHES: 

Makes SHIP plan maximum awards consistent within each income category.

MANAGEMENT RECOMMENDATION: 

Approve (#20061489 – Community Development)

 

5.

HUMAN SERVICES

 

(A)

ACTION REQUESTED/PURPOSE:

Approve the contract in the amount of $4,000 with the Florida Department of Children and Families for the Lee County Homeless Coalition to host the District Eight Annual Workshop Relating to Issues in the Interest of Homelessness.   Authorize signing the contracts once received. Approve a budget amendment resolution in the amount of $4,000 to establish budget in Fiscal Year 2007.

WHAT ACTION ACCOMPLISHES:

Enables the Lee County Homeless Coalition to host the District Eight Annual Workshop Relating to Issues in the Interest of Homelessness.

MANAGEMENT RECOMMENDATION:

Approve contract number HF016 with the Florida Department of Children and Families and increase the general fund budget to include these unanticipated revenues.

(#20061494 – Human Services)

 

6.

INDEPENDENT

7.

PUBLIC SAFETY

8.

SOLID WASTE-NATURAL RESOURCES

 

(A)

ACTION REQUESTED/PURPOSE:

Approve an addition of $15,400 to Purchase Order No. 83564 to Eaton Electric/Cutler Hammer (15 kV switchgear and bus duct equipment), for the supply of an additional 13.8 kV bus duct section to allow final connection after field installed dimensions have been verified.  Approve an additional $10,000 for any other final equipment changes, if required.  Final PO amount will now be $355,251.00. 

WHAT ACTION ACCOMPLISHES: 

Provides correction to PO 83564 for additional field installed bus.

MANAGEMENT RECOMMENDATION: 

Staff Recommends the action requested. (#20061477 – Solid Waste)

 

9.

TRANSPORTATION

 

(A)

ACTION REQUESTED/PURPOSE: 

Award Professional Services Agreement for CN-06-14 ALICO CONNECTOR ROAD FROM ALICO ROAD TO SR 82 to McMahon Associates, Inc., in the not-to-exceed amount of $438,775.94.  Also, authorize Chairwoman to execute Agreement on behalf of the Board.   Funds for this project will be available upon approval of carryovers.

WHAT ACTION ACCOMPLISHES: 

Provides Lee County with a consultant to develop and study alternative corridors for a four-lane arterial roadway from Alico Road to State Road 82.

MANAGEMENT RECOMMENDATION: 

Approval recommended. (#20061388 – Transportation)

 

 

(B)

ACTION REQUESTED/PURPOSE: 

Award B-06-26 CYPRESS LAKE DRIVE LANDSCAPE AND IRRIGATION PROJECT FROM SUMMERLIN ROAD TO MCGREGOR BOULEVARD to the lowest responsive/responsible bidder, Greenwerx Groundskeeping, Inc., in the not-to-exceed amount of $478,920.96.  Also, authorize Chairwoman to execute contract upon receipt.  This project was anticipated and funds will be available upon approval of Carryovers.

WHAT ACTION ACCOMPLISHES: 

Provides Lee County with a contractor for the installation of plant material and underground irrigation system, including maintenance of traffic, soil, sod (repairs), pump station, electrical, directional boring and landscape and irrigation maintenance.

MANAGEMENT RECOMMENDATION: 

Approval recommended. (#20061436 – Transportation)

 

 

(C)

ACTION REQUESTED/PURPOSE: 

Award Professional Services Agreement for Phase 1 under CN-06-15 U.S. 41 LANDSCAPE AND IRRIGATION PROJECT FROM CHARLOTTE COUNTY LINE TO LITTLETON ROAD AND FROM JAMAICA BAY TO CORKSCREW ROAD to A. Gail Boorman & Associates in the not-to-exceed amount of $95,227.50.  The negotiated price for Phase II (U.S. 41 from Littleton Road to Charlotte County Line) and Phase III (U.S. 41 from San Carlos Drive to Corkscrew Road) will be brought back for approval.  Also, authorize Chairwoman to execute Agreement on behalf of the Board.  This project was anticipated and funds are available.

WHAT ACTION ACCOMPLISHES: 

Provides Lee County with a consultant for the base plan preparation, site analysis of existing features, adjacent land uses and potential irrigation water and power sources.  Consultant shall prepare conceptual design, design development, and construction documents as well as bidding and construction assistance. 

MANAGEMENT RECOMMENDATION: 

Approval recommended. (#20061446 – Transportation)

 

 

(D)

ACTION REQUESTED/PURPOSE: 

Award Professional Services Agreement under CN-06-09 BUCKINGHAM SHOULDERS FROM STATE ROAD 82 TO STATE ROAD 80 to Dyer, Riddle, Mills & Precourt, Inc., in the not-to-exceed amount of $241,621.16.  Also, authorize Chairwoman to execute Agreement on behalf of the Board.  This project was anticipated and funds are available.

WHAT ACTION ACCOMPLISHES: 

Provides Lee County with a Consultant to provide plans to construct 5 foot paved shoulders along Buckingham Road from State Road 82 to State Road 80.

MANAGEMENT RECOMMENDATION: 

Approval recommended. (#20061453 – Transportation)

 

10.

UTILITIES

 

(A)

ACTION REQUESTED/PURPOSE:

Approve construction of water distribution and gravity collection systems serving Page Field General Aviation Terminal, to provide potable water service, fire protection and sanitary sewer service to this proposed airport related development.  This is a Lee County Port Authority contributed asset project located on the east side of Fowler Street between 41 and North Airport 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. (#20061396 – Utilities)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Approve final acceptance, by Resolution, as a donation of a water distribution and a gravity collection system, to provide potable water service, fire protection and sanitary sewer service to Moody River Estates Phase 1-G, a phased residential development. This is a Developer Contributed asset project located on the south side of Hancock Bridge Parkway between Moody Road and Skyline Drive, approximately 1.25 miles west of N. Cleveland Avenue.

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. (#20061448 – Utilities)

 

 

(C)

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 Verandah-Cottonwood Bend, a phased presidential development.  This is a Developer Contributed asset project located on the south side of State Road 80, approximately ½ mile east of State Road 31.

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. (#20061449 – Utilities)

 

11.

PARKS AND RECREATION

 

(A)

ACTION REQUESTED/PURPOSE:   

Request Board approve and execute a Fence Installation and Maintenance Agreement between Cross Creek of Fort Myers Community Association, Inc. (Association) and Lee County.  Approve a transfer from general fund reserves, fund #001, in the amount of $39,700 to reduce the impacts of hogs on a county preserve and adjacent private property. This request includes $15,700 for a 50/50 cost share on the installation of a fence between the Association and the Six Mile Cypress Slough Preserve and $24,000 to continue trapping to reduce the population of hogs in Six Mile Cypress and prevent similar problems else where.

WHAT ACTION ACCOMPLISHES:  

Installation of this fence will deter hogs from leaving the slough and causing damage to private property while establishing a boundary to protect slough resources. The trapping will reduce the hog populations throughout the slough to both protect slough resources and prevent damage to other communities surrounding the slough.

MANAGEMENT RECOMMENDATION: 

Proceed with funding this cost share project for a fence to deter hogs from entering private property from the slough and continue the trapping of hogs throughout the slough.

(#20060642 – Parks and Recreation)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Approve the Orange River Preserve (ORP) Land Stewardship Plan.

WHAT ACTION ACCOMPLISHES:

Approving of the ORP Plan establishes guidelines for restoration and public use facilities at ORP.

MANAGEMENT RECOMMENDATION: 

Approve the plan so Land Stewardship staff can begin implementation.

(#20061497 – Parks and Recreation)

 

12.

COUNTY ATTORNEY

 

(A)

ACTION REQUESTED/PURPOSE:    

Approve Funding Agreement for Legal Aid between Lee County and the Legal Aid Society, Inc. for County funding of legal aid in the amount of $304,212.00 for the period of

October 1, 2006 through September 30, 2007.

WHAT ACTION ACCOMPLISHES:  

Finalizes the Funding Agreement with the Legal Aid Society, Inc. to provide competent legal advice and representation to the indigent residents of Lee County for family law matters.

MANAGEMENT RECOMMENDATION:  

Board of County Commissioners’ approval and execution is required to finalize the agreement with the Legal Aid Society, Inc.  Authorize Chairman’s signature on the Funding Agreement.

(#20061481 – County Attorney)

 

 

(B)

ACTION REQUESTED/PURPOSE: 

Approve a grant of road impact fee credits to Coconut Point Developers, LLC in the amount of $19,602.00 for Parcel S1-8 related to the Sandy Lane improvements within the Coconut Point DRI boundary.

WHAT ACTION ACCOMPLISHES: 

If approved by the Board, the developer will receive impact fee credits for the dedication of additional land related to the construction of future turn lane along Sandy Lane Boulevard.

MANAGEMENT RECOMMENDATION:

Approve (#20061491 – County Attorney)

 

13.

HEARING EXAMINER

14.

PORT AUTHORITY

15.

CONSTITUTIONAL OFFICERS

 

(A)

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  (#20061507 – Clerk of Court)

 

 

ADMINISTRATIVE AGENDA

November 21, 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

13.

HEARING EXAMINER

14.

PORT AUTHORITY

15.

CONSTITUTIONAL OFFICERS

 

 WALK ON AGENDA

November 21, 2006

 

#1

Walk On

 

ACTION REQUESTED/PURPOSE:
Concur with staff’s recommendation to hire McLane Environmental, of Princeton, N.J., to conduct a compilation review of the Density Reduction/Groundwater Resource (DR/GR) studies to date.

WHAT ACTION ACCOMPLISHES:
Provides an out-of-state, objective expert to perform a compilation/review of the DR/GR studies, using Best Available Science, and give the county an opinion of where we are to date.
MANAGEMENT RECOMMENDATION:
Approve. 
REASON FOR WALK ON
Directed by Board of County Commissioners (#20061560 – County Administration)
 

#2

Walk On

 

 ACTION REQUESTED/PURPOSE: 
Authorize staff to formally object to the proposed Orchid Road Annexation into the City of Cape Coral and authorize the County Attorney to file the appropriate challenge in Circuit Court.
WHAT ACTION ACCOMPLISHES: 
Provides the County standing for an eventual legal challenge to the annexation.
MANAGEMENT RECOMMENDATION: 
Authorize staff to formally object and the County Attorney to file the appropriate challenge if the City adopts the annexation ordinance.
REASON FOR WALK ON:
To provide staff with Board direction prior to the November 27, 2006 Cape Coral Annexation Public Hearing (#20061553 – Community Development)