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District #1 Bob Janes Chairman |
District #2 Brian Bigelow |
District #3 Ray JudahVice Chair |
District #4 Tammy Hall |
District #5 Frank Mann |
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Donald D. Stilwell County Manager |
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David M. Owen County Attorney |
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March 13, 2007 |
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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
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9:30 AM |
Invocation: |
Pastor Don Hamilton |
International Worship Center |
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Pledge of Allegiance |
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Presentations: |
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CP 1 |
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Ceremonial Resolution recognizing the Lehigh Acres Spring Festival (#20070295 – Commissioner Mann) |
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CP 2 |
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Ceremonial Resolution recognizing the Southwest Florida Reading Festival (#20070331 – Commissioner Janes) |
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Recap |
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Public Comment on the Consent and Administrative Agenda |
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Items to be pulled for discussion by the Board |
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Motion to approve balance of items |
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Consideration of items pulled for discussion |
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9:30 AM |
Public Hearings |
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10:00 AM |
Presentation from Johnny Limbaugh, Florida Department of Transportation |
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Walk-ons and Carry-overs |
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Commissioners' Items/Committee Appointments |
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County Manager Items |
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County Attorney Items |
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9:30 AM |
Public Hearings |
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ACTION REQUESTED/PURPOSE: Conduct a Public Hearing to adopt a Resolution on Petition to Vacate a Portion of a Plat with no Right-of-Way located at 935 and 936 Entrada Dr. N, Ft. Myers (Case No. VAC2006-00025) (S15 and 16-T45S-R24E) (#2). WHAT ACTION ACCOMPLISHES: To remove (2) lots from the plat of Palm City Park for utilization as a stormwater detention facility for a future Development Order on an adjacent parcel owned by the petitioner. The vacation of this plat will not alter existing drainage or utility conditions and is not necessary to accommodate any future drainage or utility requirements. MANAGEMENT RECOMMENDATION: Approve (#20061397 – Community Development)
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Recess until 5:00 PM |
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March 13, 2007
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1. |
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2. |
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ACTION REQUESTED/PURPOSE: Approve Addendum to the Construction Manager Agreement under RFQ-05-07 COUNTY-WIDE CONTINUING CONTRACT FOR CONSTRUCTION MANAGEMENT to Target Builders, Inc. (Contract No. 3164), for the Pondella EMS Station project, for the Guaranteed Maximum Price of $333,089.00 (includes CM fee of $26,464.00), with a total project 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. Also, authorize Chairman to execute Construction Manager Addendum upon receipt. Further, approve budget transfer from the North Sheriff Substation Parking Lot project in the amount of $144,470.00 to the Pondella EMS Station and amend FY 06/07 – 10/11 CIP accordingly. Funds will be available upon approval of the budget transfer. FUNDING SOURCE: Fund – Capital Improvement Fund; Program – Capital Projects; Project – Pondella EMS Station WHAT ACTION ACCOMPLISHES: Provides Construction Manager for the EMS Addition to the Pondella Substation, including complete installation of modular building and relocation of propane tank for generator. All work is to comply with local codes. MANAGEMENT RECOMMENDATION: Approve (#20070243 – Facilities)
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ACTION REQUESTED/PURPOSE: Approve lease with Bonita Beach 41 LLC, RRR Springs Plaza LLC and KJR Springs Plaza LLC for 5,240 square feet of space at the facility located at 8951 Bonita Beach Road, Suite #565 in Bonita Springs, Florida. Lease is for five (5) years with no renewal periods. Base rent for the first year will be $78,600 or $15.00 per square foot. CAM charges for the first year will be $23,894.40 or $4.56 per square foot. Base rental cost will increase annually as follows: Year 2 - $81,744.00; Year 3 - $84,992.80; Year 4 - $88,398.80; Year 5 - $91,909.60. FUNDING SOURCE: Fund: General ; Program: Support Budgets - Sheriff WHAT ACTION ACCOMPLISHES: Allows Sheriff’s Department to remain in their current facility while seeking a permanent location. MANAGEMENT RECOMMENDATION: Approve (#20070321 – Facilities)
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ACTION REQUESTED/PURPOSE: a) Approve Addendum to the Construction Manager (CM) Agreement under RFQ-05-07 COUNTY-WIDE CONTRACT FOR CONSTRUCTION MANAGEMENT, for the project known as TEMPORARY JURY PARKING LOT to Target Builders, Inc., (Contract #3164), for a total Guaranteed Maximum Price (GMP) of $576,739.00 (includes CM fee of $42,080.00 OR 7.9%), with a total completion time of Four (4) months. b) 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. FUNDING SOURCE: Fund – General Fund; Program – Major Maintenance Program; Project – Temporary Down-Town Shuttle Parking Lot. WHAT ACTION ACCOMPLISHES: Provides Lee County with a Construction Manager for the construction of a temporary jury parking lot while the Lee County Justice Center parking garage project is under construction. Project Scope – demolition, sitework, landscaping, concrete, bus shelters and fencing. MANAGEMENT RECOMMENDATION: Approve (#20070323 – Facilities)
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ACTION REQUESTED/PURPOSE: Concur with the ranking of Consultants by the Competitive Negotiations Committee for CN-07-04 SUNCOAST ESTATES COMMUNITY BUILDING in the following order of ranking, and authorize contract negotiations to commence with the number one ranked firm: (1) Architecture, Inc; (2) Christopher J. Lee Architects, Inc.; (3) Odle McGuire Shook; (4) Burt Hill/Pollack Krieg Architects, Inc.; and (5) A & R Architects, P. A. Further authorize Chairman on behalf of the Board to execute an agreement for an amount not-to-exceed $182,500.00 FUNDING SOURCE: Fund – Human Services Grant-CDBG Entitlement; Program – CDBG years 15 & 17; Project; Suncoast Estates Community Building. WHAT ACTION ACCOMPLISHES: Provides Lee County with a Consultant to provide professional services for the design and construction administration for approximately 10,000 sq. ft. community building/hurricane shelter. MANAGEMENT RECOMMENDATION: Approve (#20070324 – Construction & Design)
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ACTION REQUESTED/PURPOSE: Approve the award of project EX070317, the purchase of modular furniture, accessories and related services at a Florida State Contract price of $230,280.51 from 3DP Interiors to furnish the West Sheriff Substation. Also, approve the expenditure of a not-to-exceed amount of $23,000 for such incidentals as, but not limited to, miscellaneous furniture, accessories or overnight shipping etc. Incidentals would be purchased through the state contract or at a negotiated discount. FUNDING SOURCE: General Fund; Program- Major Maintenance Program; Project- Relocation of West Sheriff Substation. WHAT ACTION ACCOMPLISHES: Relocation of the substation after the roof collapsed and water intrusion. MANAGEMENT RECOMMENDATION: Approve (#20070328 – Public Works)
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ACTION REQUESTED/PURPOSE: Approve a Budget Amendment Resolution to accept $600,000 for the Coconut Point DRI for affordable housing mitigation. FUNDING SOURCE: Developer is contributing funds to County (Housing Program of Department of Community Development) WHAT ACTION ACCOMPLISHES: Establishes budget account for DRI commitment. MANAGEMENT RECOMMENDATION: Approve (#20070290 – Planning)
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ACTION REQUESTED/PURPOSE: Approve Resolution declaring improved County-owned property located at 915 SE 31st Terrace, Cape Coral, Fl, Strap #31-44-24-C4-00626.0220, as surplus property: authorize the Board to execute the County Deed and authorize the Department of Human Services to handle and accept all documentation necessary to complete this transaction. FUNDING SOURCE: No funds required. WHAT ACTION ACCOMPLISHES: Declares County owned property as surplus and authorizes staff to transfer it to a non-profit corporation that promotes the community’s interest and welfare. MANAGEMENT RECOMMENDATION: Approve (#20070293 – Human Services)
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ACTION REQUESTED/PURPOSE: Approve Resolution declaring improved County-owned property located at 801 Zana Drive , Fort Myers, Fl, Strap #09-44-25-P2-00500.0840, as surplus property: authorize the Board to execute the County Deed and authorize the Department of Human Services to handle and accept all documentation necessary to complete this transaction. FUNDING SOURCE: No funds required. WHAT ACTION ACCOMPLISHES: Declares County owned property as surplus and authorizes staff to transfer it to a non-profit corporation that promotes the community’s interest and welfare. MANAGEMENT RECOMMENDATION: Approve (#20070294 – Human Services)
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ACTION REQUESTED/PURPOSE: Authorize the Division of County Lands to make a binding offer to property owner in the amount of $3,170 for Parcel 118, Plantation Road Extension, Project No. 4065, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete transaction. FUNDING SOURCE: Fund – Central District Road Impact Fees; Program: Capital Projects; Project: Plantation Road Extension. WHAT ACTION ACCOMPLISHES: Authorizes binding offer to property owner. MANAGEMENT RECOMMENDATION: Approve. (#20070257 – County Lands)
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ACTION REQUESTED/PURPOSE: Authorize the Division of County Lands to make a binding offer to property owner in the amount of $3,170 for Parcel 119, Plantation Road Extension, Project No. 4065, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete transaction. FUNDING SOURCE: Fund – Central District Road Impact Fees; Program: Capital Projects; Project: Plantation Road Extension. WHAT ACTION ACCOMPLISHES: Authorizes binding offer to property owner. MANAGEMENT RECOMMENDATION: Approve. (#20070258 – County Lands)
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ACTION REQUESTED/PURPOSE: Authorize the Division of County Lands to make a binding offer to property owner in the amount of $3,170 for Parcel 122, Plantation Road Extension, Project No. 4065, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete transaction. FUNDING SOURCE: Fund – Central District Road Impact Fees; Program: Capital Projects; Project: Plantation Road Extension. WHAT ACTION ACCOMPLISHES: Authorizes binding offer to property owner. MANAGEMENT RECOMMENDATION: Approve. (#20070261 – County Lands)
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ACTION REQUESTED/PURPOSE: Authorize the Division of County Lands to make a binding offer to property owner in the amount of $2,640 for Parcel 123, Plantation Road Extension, Project No. 4065, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete transaction. FUNDING SOURCE: Fund – Central District Road Impact Fees; Program: Capital Projects; Project: Plantation Road Extension. WHAT ACTION ACCOMPLISHES: Authorizes binding offer to property owner. MANAGEMENT RECOMMENDATION: Approve. (#20070262 – County Lands)
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ACTION REQUESTED/PURPOSE: Authorize the Division of County Lands to make a binding offer to property owner in the amount of $2,640 for Parcel 124, Plantation Road Extension, Project No. 4065, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete transaction. FUNDING SOURCE: Fund – Central District Road Impact Fees; Program: Capital Projects; Project: Plantation Road Extension. WHAT ACTION ACCOMPLISHES: Authorizes binding offer to property owner. MANAGEMENT RECOMMENDATION: Approve. (#20070263 – County Lands)
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ACTION REQUESTED/PURPOSE: Authorize the Division of County Lands to make a binding offer to property owner in the amount of $83,245 for Parcel 108, Plantation Road Extension, Project No. 4065, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete transaction. FUNDING SOURCE: Fund – Central District Road Impact Fees; Program: Capital Projects; Project: Plantation Road Extension. WHAT ACTION ACCOMPLISHES: Authorizes binding offer to property owner. MANAGEMENT RECOMMENDATION: Approve. (#20070272 – County Lands)
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ACTION REQUESTED/PURPOSE: Authorize the Division of County Lands to make a binding offer to property owner in the amount of $371,785 for Parcel 109, Plantation Road Extension, Project No. 4065, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete transaction. FUNDING SOURCE: Fund – Central District Road Impact Fees; Program: Capital Projects; Project: Plantation Road Extension. WHAT ACTION ACCOMPLISHES: Authorizes binding offer to property owner. MANAGEMENT RECOMMENDATION: Approve. (#20070273 – County Lands)
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ACTION REQUESTED/PURPOSE: Authorize the Division of County Lands to make a binding offer to property owner in the amount of $41,230 for Parcel 111, Plantation Road Extension, Project No. 4065, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete transaction. FUNDING SOURCE: Fund – Central District Road Impact Fees; Program: Capital Projects; Project: Plantation Road Extension. WHAT ACTION ACCOMPLISHES: Authorizes binding offer to property owner. MANAGEMENT RECOMMENDATION: Approve. (#20070275 – County Lands)
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ACTION REQUESTED/PURPOSE: Authorize the Division of County Lands to make a binding offer to property owner in the amount of $27,400 for Parcel 131, Plantation Road Extension, Project No. 4065, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete transaction. FUNDING SOURCE: Fund – Central District Road Impact Fees; Program: Capital Projects; Project: Plantation Road Extension. WHAT ACTION ACCOMPLISHES: Authorizes binding offer to property owner. MANAGEMENT RECOMMENDATION: Approve. (#20070277 – County Lands)
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ACTION REQUESTED/PURPOSE: Authorize the Division of County Lands to make a binding offer to property owner in the amount of $38,880 for Parcel 133, Plantation Road Extension, Project No. 4065, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete transaction. FUNDING SOURCE: Fund – Central District Road Impact Fees; Program: Capital Projects; Project: Plantation Road Extension. WHAT ACTION ACCOMPLISHES: Authorizes binding offer to property owner. MANAGEMENT RECOMMENDATION: Approve. (#20070278 – County Lands)
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ACTION REQUESTED/PURPOSE: Authorize the Division of County Lands to make a binding offer to property owner in the amount of $26,000 for Parcels 213-A and 213-B, Summerlin Road Widening, Project No. 6007, pursuant to the Purchase Agreement; and authorize the Division of County Lands to handle all documentation necessary to complete transaction. FUNDING SOURCE: Fund: Road Impact Fees South Ft. Myers/San Carlos; Program: Capital Projects; Project: Summerlin Road Boy Scout to Cypress Lake WHAT ACTION ACCOMPLISHES: Makes binding offer to property owner prior to initiation of condemnation proceedings as required by Florida Statutes. MANAGEMENT RECOMMENDATION: Approve (#20070286 – County Lands)
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ACTION REQUESTED/PURPOSE: Approve budget amendment resolution to amend Library Project #07-ST-27 in the amount of $1,164,282 to recognize State Aid grant proceeds. FUNDING SOURCE: Florida Dept. of State/State Library & Archives; Program: State Grant WHAT ACTION ACCOMPLISHES: The budget amendment accepts $1,164,282 as unanticipated revenue, and designates grant expenditures. MANAGEMENT RECOMMENDATION: Approve (#20070255 – Library)
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ACTION REQUESTED/PURPOSE: Authorize transfer of funds from Reserves for Contingencies in the amount of $55,500.00 to Other Contracted Services of the Gasparilla Island Special Improvement Unit MSTU. FUNDING SOURCE: Existing revenues in Gasparilla Island Special Improvement Unit MSTU, collected from property owners within unit. WHAT ACTION ACCOMPLISHES: Transfer funds to allow payment of vendor for Black Spiny Iguanas eradication program. MANAGEMENT RECOMMENDATION: Approve (#20070309 – MSTBU Services)
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ACTION REQUESTED/PURPOSE: Approve a Joint Participation Agreement and authorizing resolution with the Florida Department of Transportation for development of a park and ride facility. FUNDING SOURCE: No funding required this fiscal year. WHAT ACTION ACCOMPLISHES: Provide $250,000 in match grant funds for the development of a park and ride facility for LeeTran and allows for subsequent allocation programmed in future years. MANAGEMENT RECOMMENDATION: Approve (#20070267 – Transit)
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ACTION REQUESTED/PURPOSE: Board approve a two year Certificate of Public Convenience and Necessity (CON) for Fort Myers Beach Fire Control District. CON is required by Florida Statute 401.25(d) for renewal of EMS provider license application. FUNDING SOURCE: None required WHAT ACTION ACCOMPLISHES: Allows Fort Myers Beach Fire Control District to be recertified by the Bureau of EMS as an ALS Transport Provider for two years. MANAGEMENT RECOMMENDATION: Approve (#20070330 – Public Safety)
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ACTION REQUESTED/PURPOSE: Approve award of Formal Quotation No.Q-070131, The Purchase of One Mack Truck CT713 Refuse (Non-Loader) Straight Truck without Trailer for Solid Waste, to the low quoter meeting specifications, NextranTruckCenter, Tampa for a grand total price of $107,597.00. FUNDING SOURCE: Solid Waste Right of Way Clean up-Right of Way Clean up Solid Waste System-Ops-Disposal Facilities Program: Garbage/solid Waste Control Services WHAT ACTION ACCOMPLISHES: Allows Solid Waste to obtain needed ROW’s new roll off truck. MANAGEMENT RECOMMENDATION: Approve as stated. (#20070240 – Solid Waste)
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ACTION REQUESTED/PURPOSE: Award Service Provider Agreement for Phase One of CN-06-16 TMDL FOR THE CALOOSAHATCHEE RIVER, CHARLOTTE HARBOR AND THE EVERGLADES WEST COAST, to URS Corporation Southern, in the not-to-exceed amount of $69,022.00. Also, authorize Chairman to execute agreement on behalf of the Board. FUNDING SOURCE: Fund- Capital Improvement Fund; Program- CIP Program; Projects- Caloosahatchee TMDL Compliance, Charlotte TMDL Compliance and Everglades West Coast TMDL Compliance. WHAT ACTION ACCOMPLISHES: Provides Lee County with a consultant to prepare basin management action plans for the Caloosahatchee River, Charlotte Harbor and the Everglades West Coast for TMDL (Total Maximum Daily Load) Compliance. MANAGEMENT RECOMMENDATION: Approve (#20070281 – Natural Resources)
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ACTION REQUESTED/PURPOSE: Execute Amendment No. 4 to the Florida Department of Environmental Protection (DEP) agreement 01LE1, which stipulates the reimbursement criteria from the State for work conducted on the Bonita Beach Nourishment Project. No additional funding is required. FUNDING SOURCE: No additional funding is required. WHAT ACTION ACCOMPLISHES: Executing Amendment No. 4 reallocates existing design, permitting, and construction funds to project monitoring. Board approval is required for all amendments to this agreement. MANAGEMENT RECOMMENDATION: Approve (20070287 – Natural Resources)
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ACTION REQUESTED/PURPOSE:
Allows County and City to enter into an Interlocal Agreement for the design, installation and maintenance of those portions of Bonita Beach Road enhancing the roadway’s landscaping from Mango Drive to Old U.S. 41. MANAGEMENT RECOMMENDATION: Approve the Interlocal Agreement. (#20061229 – Transportation)
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ACTION REQUESTED/PURPOSE: Waive the formal quotation process to accept and approve the award of Informal Telephone Quotation No. IT070105 the Purchase of two (2) New Holland Tractors Model TS115A with Alamo Industrial Mowers Model Maverick 24’ Boom Mowers for the Department of Transportation/Operations, to the low quoter meeting specifications, Creel Tractor Co., at a cost of $104,622.00 each for a grand total of $209,244.00. FUNDING SOURCE: Fund-Transportation Trust Fund; Transportation Operations, Roadway Maintenance ($104,622.00) and Fund-Vehicle Replacement Fund; Program-Fleet Replacement ($104,622.00) WHAT ACTION ACCOMPLISHES: This purchase will provide the Department of Transportation with two new reliable slope mowers that will be used to maintain County roadways. MANAGEMENT RECOMMENDATION: Approve as stated. (#20070107 – Transportation)
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ACTION REQUESTED/PURPOSE: Award Professional Services Agreement for CN-06-17 HOMESTEAD ROAD FROM SUNRISE BOULEVARD TO ALABAMA ROAD WIDENING DESIGN to HDR Engineering, Inc., in the not-to-exceed amount of $1,871,233.61. Also, authorize Chairman to execute Agreement on behalf of the Board. This project was anticipated and funds are available. FUNDING SOURCE: Fund – Road Impact Fee Central District; Program – Capital Projects; Project – Homestead Four Laning Sunshine to Alabama WHAT ACTION ACCOMPLISHES: Provides Lee County with a Consultant to develop the alignment/right-of-way requirements and roadway design plans to widen Homestead Road to a four lane roadway (expandable to six) from South of Sunrise Boulevard to North of Alabama Road MANAGEMENT RECOMMENDATION: Approve (#20070231 – Transportation)
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ACTION REQUESTED/PURPOSE: Approve the Brooks of Bonita Springs CDD Signalization Agreement for Coconut Road and Three Oaks Parkway providing for payment by the Brooks CDD of the cost associated with upgrading the traffic signal facility from the core service level (concrete pole and wire span) to a steel post and mast arm facility. Approve associated budget amendment for the shared funding in the amount of $101,817.00 for Project #206648 – Signal – Coconut Rd and Three Oaks, amending the 2006/07 – 2010/11 CIP accordingly. Authorize the Chair to execute all necessary documents to complete this transaction. FUNDING SOURCE: Fund- Transportation Capital Improvement; Program – Capital Projects; Project – Signal Coconut Road and Three Oaks. WHAT ACTION ACCOMPLISHES: Requires the Brooks CDD to pay the additional cost associated with installing an upgraded traffic signal facility (steel post and mast arm) and allows the permitting and construction of the mast arm signal installation to proceed. MANAGEMENT RECOMMENDATION: Approve ( #20070320 – Transportation)
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ACTION REQUESTED/PURPOSE: Approve the resolution authorizing the DOT Director to execute the attached Utility Termination Agreement with the Florida Department of Transportation for roadway lighting of US 41/SR 45 from South of Devonwood Drive to South of Daniels Parkway. FUNDING SOURCE: No funds required WHAT ACTION ACCOMPLISHES: Executes the Termination Agreement with the Florida Department of Transportation for lighting along US 41/SR45 from South of Devonwood Drive to South of Daniels Parkway. MANAGEMENT RECOMMENDATION: Approve (#20070322 – Transportation)
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ACTION REQUESTED/PURPOSE: Developer Contributed Asset: Approve final acceptance, by Resolution and recording of two Utility Easements, as a donation of a 4’’ diameter fire line, three water services, and a gravity main extension, to provide potable water service, fire protection and sewer service to Summerlin Park, Lot ‘B’, a recently constructed commercial development. This is a Developer Contributed asset project located at the southwest corner of Bass Road and Commerce Center Court. FUNDING SOURCE: No funds required. 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. (#20070228 – Utilities)
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ACTION REQUESTED/PURPOSE: Developer Contributed Asset: Approve final acceptance, as a donation of three water services and one sewer service, to provide potable water and sewer service to Dunkin Donuts at Alico Crossing, a recently constructed commercial building. This is a Developer Contributed asset project located on the west side of US 41 South at Alico Road. FUNDING SOURCE: No funds required. 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. (#20070229 – Utilities)
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ACTION REQUESTED/PURPOSE: Developer Contributed Asset: Approve final acceptance, by Resolution, as a donation for the recently relocated 12“ diameter water main that provides potable water service and fire protection to Treeline Avenue. This is a Developer Contributed asset project located along the west side Treeline Avenue, from Daniels Parkway north to Amberwood Road. FUNDING SOURCE: No funds required. 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. (#20070230 – Utilities)
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ACTION REQUESTED/PURPOSE: Developer Contributed Asset: Approve construction of a water main extension serving FTA Asphalt Batch Plant, to provide potable water service and fire protection to this proposed industrial development. This is a Developer contributed asset project located on the east side of James Whitehead Road approximately ½ mile East of US 41 South. FUNDING SOURCE: No Funds Required. 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. (#20070247 – Utilities)
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ACTION REQUESTED/PURPOSE: Developer Contributed Asset: Approve construction of water and sewage force main extensions serving Elementary School “U” and Middle School “KK”, to provide potable water service, fire protection and sanitary sewer service to these proposed Lee County Public Schools. This is a Lee County School Board contributed asset project located on the northeast corner of Tice Street and Country Lakes Drive. FUNDING SOURCE: No Funds Required. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to support development of the subject properties and complies with the Lee County Utilities Operations Manual. MANAGEMENT RECOMMENDATION: Approval. (#20070248 – Utilities)
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ACTION REQUESTED/PURPOSE: Developer Contributed Asset: Approve construction of water distribution and gravity collection systems serving Carissa Commercial Park, to provide potable water service, fire protection and sanitary sewer service to this proposed commercial development. This is a Developer contributed asset project located on the west side of Six Mile Cypress Parkway approximately ¼ of a mile South of Penzance Boulevard. FUNDING SOURCE: No Funds Required. 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. (#20070249 – Utilities)
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ACTION REQUESTED/PURPOSE: Developer Contributed Asset: Approve final acceptance, by Resolution and recording of one Utility Easement, as a donation of a water distribution system, to provide potable water service and fire protection to Jonathan’s Bay, a recently constructed multi-family residential development. This is a Developer Contributed asset project located on the west side of South Tamiami Trail just north of the intersection of South Tamiami Trail and Old US 41. FUNDING SOURCE: No funds required. 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. (#20070250 – Utilities)
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ACTION REQUESTED/PURPOSE: Developer Contributed Asset: Approve final acceptance, as a donation of a water distribution system, to provide potable water service and fire protection to Magnolia Landing Residential f/k/a The Club at Herons Glen, Phase II, a phased residential development. This is a Developer contributed asset and the project is located on the west side of U.S. 41 North approximately ¼ mile south of the Lee/Charlotte county line. FUNDING SOURCE: No funds required. 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. (#20070251 – Utilities)
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ACTION REQUESTED/PURPOSE: Adopt a Resolution approving the issuance of Lee County Industrial Development Authority Private Activity Health Care Facilities Refunding Revenue Bonds in an aggregate principal amount not to exceed $130,000,000.00 for the primary purpose of refunding the Authority’s outstanding Healthcare Facilities Revenue Bonds, Series 1999A (Shell Point/Alliance Obligated Group) (Shell Point Village Project) (the “Series 1999A Bonds”) and its Healthcare Facilities Revenue Bonds, Series 1999C (Shell Point/Alliance Obligated Group) (Alliance Community Project (the “Series 1999C Bonds” and together with the Series 1999A Bonds, the “Refunded Bonds”). FUNDING SOURCE: None. No County financial liability. WHAT ACTION ACCOMPLISHES: Provides for Board consideration of proposed Industrial Development Authority Bonds as required by Internal Revenue Code and Florida Statutes. Board approval will authorize and adopt the approving Bond Issuance Resolution. MANAGEMENT RECOMMENDATION: Approve the adoption of the Resolution with all stated terms and conditions. (#20070288 – County Attorney)
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ACTION REQUESTED/PURPOSE: Adopt a Resolution approving the issuance of Lee County Industrial Development Authority Private Activity Revenue Bonds in an aggregate principal amount not to exceed $85,000,000.00 for the principal purpose of financing or refinancing the costs of the acquisition of certain, identified educational facilities to be owned and operated by the Lee Charter Foundation, Inc., a Florida not-for-profit corporation, and costs related thereto, and which facilities are described as the Gateway Charter School, the Six Mile Charter Academy, the Gateway Charter High School and the Cape Coral Charter School, all located in Lee County, Florida. FUNDING SOURCE: None. No County financial liability. WHAT ACTION ACCOMPLISHES: Provides for Board consideration of proposed Industrial Development Authority Bonds as required by Internal Revenue Code and Florida Statutes. Board approval will authorize and adopt the approving Bond Issuance Resolution. MANAGEMENT RECOMMENDATION: Approve the adoption of the Resolution with all stated terms and conditions. (#20070299 – County Attorney)
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ACTION REQUESTED/PURPOSE: Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – Universal Asset Recovery Corp. 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 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: Approve (#20070213 – Clerk of Court)
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ACTION REQUESTED/PURPOSE: Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – Law Office of Holly E. Cosby, PA. 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 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: Approve (#20070214 – Clerk of Court)
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ACTION REQUESTED/PURPOSE: Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – Universal Asset Recovery. 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 property owner. FUNDING SOURCE: Delinquent Tax Property sale proceeds in excess of the taxes owed, held on behalf of the former property owner by the Board. 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 (#20070215 – Clerk of Court)
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ACTION REQUESTED/PURPOSE: Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – Palm Research Group, LLC. 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 property owner. FUNDING SOURCE: Delinquent Tax Property sale proceeds in excess of the taxes owed, held on behalf of the former property owner by the Board. 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 (#20070216 – Clerk of Court)
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ACTION REQUESTED/PURPOSE: Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – Cavanaugh. 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 property owner. FUNDING SOURCE: Delinquent Tax Property sale proceeds in excess of the taxes owed, held on behalf of the former property owner by the Board. 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 (#20070217 – Clerk of Court)
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ACTION REQUESTED/PURPOSE: Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – Young. 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 property owner. FUNDING SOURCE: Delinquent Tax Property sale proceeds in excess of the taxes owed, held on behalf of the former property owner by the Board. 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 (#20070218 – Clerk of Court)
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ACTION REQUESTED/PURPOSE: Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – Palm Research Group, LLC. 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 property owner. FUNDING SOURCE: Delinquent Tax Property sale proceeds in excess of the taxes owed, held on behalf of the former property owner by the Board. 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 (#20070219 – Clerk of Court)
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ACTION REQUESTED/PURPOSE: Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – Infiniti Land Title Corp. 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 property owner. FUNDING SOURCE: Delinquent Tax Property sale proceeds in excess of the taxes owed, held on behalf of the former property owner by the Board. 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 (#20070220 – Clerk of Court)
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ACTION REQUESTED/PURPOSE: Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – International Asset Locator for Hoe. 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 property owner. FUNDING SOURCE: Delinquent Tax Property sale proceeds in excess of the taxes owed, held on behalf of the former property owner by the Board. 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 (#20070221 – Clerk of Court)
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ACTION REQUESTED/PURPOSE: Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – International Asset Locator for Azevedo. 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 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: Approve (#20070222 – Clerk of Court)
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ACTION REQUESTED/PURPOSE: Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – The City of Cape Coral. 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 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: Approve (#20070223 – Clerk of Court)
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ACTION REQUESTED/PURPOSE: Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – Professional Asset Recovery Escrow Account for Optimum Fund LLC. 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 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: Approve (#20070224 – Clerk of Court)
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ACTION REQUESTED/PURPOSE: Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – Moan. 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 property owner. FUNDING SOURCE: Delinquent Tax Property sale proceeds in excess of the taxes owed, held on behalf of the former property owner by the Board. 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 (#20070252 – Clerk of Court)
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ACTION REQUESTED/PURPOSE: Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – Brown Estate. 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 property owner. FUNDING SOURCE: Delinquent Tax Property sale proceeds in excess of the taxes owed, held on behalf of the former property owner by the Board. 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 (#20070253 – Clerk of Court)
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ACTION REQUESTED/PURPOSE: Request Board approves disbursements for the week of March 6, 2007. The check and wire registers can be reviewed on the 3rd 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. MANAGEMENT RECOMMENDATION: Compliance with the requirements of FS 136.06 (1) (#20070325 – Clerk of Court)
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ACTION REQUESTED/PURPOSE: Request Board approves disbursements. The check and wire registers can be reviewed on the 3rd 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. MANAGEMENT RECOMMENDATION: Compliance with the requirements of FS 136.06 (1) (#20070326 – Clerk of Court)
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March 13, 2007
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ACTION REQUESTED/PURPOSE: a) Board approve the Memorandum of Understanding between Lee County Facilities Management and Lee County Transit Division to provide Downtown Circulator Bus Service at a not-to-exceed cost of $183,038.00 (from April 2, 2007 – September 30, 2007) and a not-to-exceed cost of $369,028.00 (for October 1, 2007 – September 30, 2008). b) Authorize two (2) full time and one (1) part time bus driver positions to provide this service. Further approve Budget Amendment Resolution in the Transit Operating Fund 48600 for $183,038.00 in revenue and expenses. FUNDING SOURCE: Fund - General Fund; Program – Facilities Management Administration WHAT ACTION ACCOMPLISHES: Provide in-house Downtown Shuttle Services while the Justice Center project is being completed. MANAGEMENT RECOMMENDATION: Approve (#20070308 – Facilities)
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ACTION REQUESTED/PURPOSE: Approve letter supporting Collier County’s position on Senate Bill 576 relating to the timing and collection of impact fees. FUNDING SOURCE: n/a WHAT ACTION ACCOMPLISHES: Declares our opposition to Senate Bill 576. MANAGEMENT RECOMMENDATION: Approve (#20070332 – County Commissioners)
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ACTION REQUESTED/PURPOSE: Authorize: (1) approval of the purchase of Parcel 298-A, Conservation 20/20 Land Acquisition Program, Project No. 8800 (2.5 Acres), in the amount of $250,000; (2) the Chairman on behalf of the Board of County Commissioners to execute the Purchase Agreement; (3) payment of necessary costs and fees to close; and (4) the Division of County Lands to handle and accept all documentation necessary to complete this transaction. FUNDING SOURCE: Fund-Capital Improvement Fund; Program: Conservation 20/20; Project: Capital Improvement Conservation 20/20, Land Purchase. WHAT ACTION ACCOMPLISHES: The acquisition of one of the properties recommended by the Conservation Land Acquisition and Stewardship Advisory Committee (CLASAC) on August 10, 2006. MANAGEMENT RECOMMENDATION: Approve (#20070159 – County Lands)
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ACTION REQUESTED/PURPOSE: Approve the Purchase Agreement in Lieu of Condemnation for a 5 acre ± parcel, further identified as STRAP No. 05-46-25-00-000002.0090, in the amount of $500,000, for the Alico Widening Project No. 4030 – Alico Filter Marsh; Authorize the payment of costs to close; Authorize the Division of County Lands to handle and accept all documentation necessary to complete the transaction. FUNDING SOURCE: ($250,000) Fund-Capital Improvement; Program-Capital Projects; Project-Briarcliff Ditch Filter Marsh. ($250,000) Fund-Transportation Capital Improvement; Program-Capital Projects; Project-Alico Road 4 Lane WHAT ACTION ACCOMPLISHES: Allows the County to proceed with condemnation, if necessary, so the required parcel can be acquired to improve the water quality and comply with the required special conditions set forth in the Alico Road Project No. 4030 permit. MANAGEMENT RECOMMENDATION: Approve (#20070279 – County Lands)
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ACTION REQUESTED/PURPOSE: Enter into an interlocal agreement with the Laguna Lakes Community Development District pertaining to drainage. FUNDING SOURCE: No funding required. WHAT ACTION ACCOMPLISHES: The interlocal agreement would allow for the storm water runoff from the Gladiolus Drive improvements to be directed into the Laguna Lakes Subdivision water management system. In exchange, the County will agree to an annual maintenance program for the outfall of the water management system. The agreement will save the County from having to purchase additional rights-of-way to accommodate storm water runoff associated with the planned improvements to Gladiolus Drive. MANAGEMENT RECOMMENDATION: Approve and execute agreement. (#20061600 – Transportation)
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ACTION REQUESTED/PURPOSE: Award B-07-03 CORKSCREW ROAD WIDENING FROM BEN HILL TO EAST OF BELLA TERRA to the lowest responsive/responsible bidder, Mitchell & Stark Construction Co., Inc., in the not-to-exceed amount of $14,966,373.91, with a project completion time of 550 calendar days. Also, authorize Chairman to execute contract on behalf of the Board upon receipt. WHAT ACTION ACCOMPLISHES: Provides Lee County with a Contractor for the Urban reconstruction of 3.016 miles of roadway from existing 2 lane to 4 lane roadway including 3 box culverts, street lighting and utility relocations. MANAGEMENT RECOMMENDATION: Approval recommended. (#20070036 – Transportation)
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ACTION REQUESTED/PURPOSE: Authorize settlement in Lee County v. Kathleen L. Johnson, et al., Case No. 06CA247. FUNDING SOURCE: Road Impact Fees – Southwest District; Capital Project – Three Oaks Extension, South. WHAT ACTION ACCOMPLISHES: Settles all claims for compensation for condemnation of property, including attorneys fees and costs. MANAGEMENT RECOMMENDATION: Approve settlement. (#20070266 – County Attorney)
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ACTION REQUESTED/PURPOSE: 1. Request Board discuss, and if directed, authorize the creation of a subsidiary account for the immediate use by the County Attorney’s Office to secure and employ outside counsel and expert witnesses necessary to participate in the Florida Power and Light (FPL) Glades Power Park site certification proceedings. 2. Request the transfer of an initial amount of $100,000 into this account from the General Fund Reserves. FUNDING SOURCE: General Fund Reserves. WHAT ACTION ACCOMPLISHES: Provides the County Attorney’s Office with necessary funds to pursue participation in the Power Plant Siting Act (PPSA) process for the proposed FPL Glades Power Park. MANAGEMENT RECOMMENDATION: Provide the requested funds to pursue participation in the PPSA process, if the Board so directs. (#20070296 – County Attorney)
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ACTION REQUESTED/PURPOSE: Authorize County Attorney to file suit to enjoin a public nuisance at 4434 Poinsettia Street. FUNDING SOURCE: Unincorporated Area MSTU; Program: Community Development Code Enforcement. WHAT ACTION ACCOMPLISHES: Authorizes County Attorney to file suit in Circuit Court to seek an injunction to abate a public nuisance. MANAGEMENT RECOMMENDATION: Approve authorization to file suit. (#20070307 – County Attorney)
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APPEALS AGENDA
March 13, 2007
CONTINUATION OF ADMINISTRATIVE AGENDA
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ACTION REQUESTED/PURPOSE: Hear Bid Protest and consider award of Formal Proposal # P-070115, Cafeteria Operator for the Lee County Justice Center, to the highest ranked proposer meeting specifications, Oasis Restaurant, at a monthly payment of $5,500 (plus tax) per month to Lee County; and authorize the Board Chairman on behalf of the BOCC to execute and sign the accompanying lease documents. The initial term of this proposal is five years; also request authority to renew this proposal for one additional five year period, at the same terms and conditions, if in the best interest of Lee County. FUNDING SOURCE: No funds required. WHAT ACTION ACCOMPLISHES: Pursuant to the Lee County Purchasing and Payment Procedures Manual, the Board will hear presentations by the protesting parties and may then decide which proposal is in the best interest of Lee County, with articulated reasons for the decision. Ultimately, this will provide Facilities Management with a qualified operator for the Justice Center cafeteria.
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PUBLIC AGENDA
March 13, 2007
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5:00 PM |
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ACTION REQUESTED/PURPOSE: Conduct a Public Hearing and consider the approval of an amendment of Lee County Ordinance No. 92-08, relating to Lehigh Acres Street Lighting unit. FUNDING SOURCE: 2006-2007 Lehigh Acres Streetlighting Budget WHAT ACTION ACCOMPLISHES: Provides legal authority to expand the current scope of services of the municipal service taxing unit to include purchase, installation and maintenance of decorative seasonal banners and holiday decorative lighting on Streetlight poles in Lehigh Acres. MANAGEMENT RECOMMENDATION: Approval per Board direction. (#20061726 – MSTBU Services) |
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ACTION REQUESTED/PURPOSE: Conduct a Public Hearing and consider the adoption of the proposed “Hazardous Waste Ordinance”. FUNDING SOURCE: No additional funds. Existing County Program funds are already established for this ordinance. State grants are also available for implementation of the County’s Expanded Hazardous Waste Management Program. WHAT ACTION ACCOMPLISHES: Board must formally adopt an Ordinance at a scheduled, advertised Public Hearing. MANAGEMENT RECOMMENDATION: Adopt the Hazardous Waste Ordinance. (#20070209 – County Attorney)
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5:05 PM |
Public Presentation of Matters by Citizens |
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Adjourn |