District #1

Bob Janes

Chairman

District #2

Brian Bigelow

 

District #3

Ray Judah

Vice Chair

District #4

Tammy Hall

 

District #5

Frank Mann

 

Donald D. Stilwell

County Manager

 

David M. Owen County Attorney

 

 

April 3, 2007

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.

***PLEASE NOTE LOCATION CHANGE***

FORT MYERS CITY COUNCIL CHAMBERS, 2200 SECOND STREET,

FORT MYERS, FLORIDA

 

9:30 AM

Invocation:

Pastor Russell Howard

McGregor Baptist Church

 

 

 

 

Pledge of Allegiance

 

 

 

 

Presentations:

CP 1

 

·         

Ceremonial Resolution recognizing Human Trafficking Awareness Month

(#20070467 – Commissioner Janes)

 

 

 

CP 2

 

·         

Ceremonial Resolution recognizing Autism Awareness Month

(#20070468 – Commissioner Hall)

 

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

April 3, 2007

 

1.

COUNTY ADMINISTRATION

2.

CONSTRUCTION AND DESIGN

3.

COUNTY COMMISSIONERS

4.

COMMUNITY DEVELOPMENT

5.

HUMAN SERVICES

 

(A)

ACTION REQUESTED/PURPOSE: 

Approve a Contract Amendment between the Board of County Commissioners and Florida Department of Community Affairs for Lee County to receive an additional $10,162.00 in Community Services Block Grant (CSBG) funds and approve budget amendment resolution.

FUNDING SOURCE: 

Florida Department of Community Affairs

WHAT ACTION ACCOMPLISHES: 

Provides an additional $10,162 for education and employment assistance for eligible Lee County households for a total allocation of $245,378.

MANAGEMENT RECOMMENDATION:  

Approve (#20070424 – Human Services)

 

 

(B)

ACTION REQUESTED/PURPOSE: 

Authorize Board Chair to sign a letter of commitment indicating Lee County will provide Southwest Florida Addiction Services (SWFAS) $2 million dollars to construct an expanded Detoxification and Outpatient Treatment facility; authorize the Board Chair to sign a contract for funding once prepared.

FUNDING SOURCE: 

General Fund

WHAT ACTION ACCOMPLISHES:  

Provides Lee County general fund dollars in the amount of $2 million to Southwest Florida Addiction Services to construct an expanded Detoxification and Outpatient Treatment facility in Lee County.

MANAGEMENT RECOMMENDATION: 

Approve as a one-time exception to the current Board policy of not providing capital funding to not-for-profit agencies. (#20070425 – Human Services)

 

6.

INDEPENDENT

 

(A)

ACTION REQUESTED/PURPOSE: 

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $11,435 for Parcel 130, 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. (#20070276 – County Lands)

 

 

(B)

ACTION REQUESTED/PURPOSE: 

Approve Purchase Agreement for acquisition of a + 17,666 square feet parcel located at 11301 Summerlin Square Drive in the amount of  $18, 000. Authorize payment of costs to close and the Division of County Lands to handle all documentation necessary to complete the transaction.

FUNDING SOURCE:

Fund: Transportation Capital Improvement Fund, Program: Capital Project, Project: Right of Way Opportunities

WHAT ACTION ACCOMPLISHES: 

Provides for the acquisition of a property for right of way opportunities.

MANAGEMENT RECOMMENDATION: 

Approve (#20070329 – County Lands)

 

 

(C)

ACTION REQUESTED/PURPOSE: 

Approve Purchase Agreement for acquisition of a + .85 acre (6 lot) parcel located at 303 Burnt Store Road, in the amount of $177,000 for the Burnt Store Road Widening Project No. 4088.  Authorize payment of costs to close and the Division of County Lands to handle all documentation necessary to complete the transaction.

FUNDING SOURCE: 

Fund:  Transportation Capital Improvement Surplus Capital Cape Coral; Program:  Capital Projects; Project:  Burnt Store 4 Lane/78-Van Buren

WHAT ACTION ACCOMPLISHES: 

Acquisition of integral property necessary for the widening of Burnt Store Road Project.

MANAGEMENT RECOMMENDATION: 

Approve (#20070346 – County Lands)

 

 

(D)

ACTION REQUESTED/PURPOSE: 

Approve Purchase Agreement for acquisition of Parcel 312 (7,920 sq. ft.), Ortiz Avenue Project 4072, in the amount of $30,000, 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.

FUNDING SOURCE: 

Fund: Road Impact Fee – Central District; Program: Capital Project; Project: Ortiz Avenue Widening

WHAT ACTION ACCOMPLISHES: 

Acquisition of property necessary for the Ortiz Avenue widening project, No. 4072.

MANAGEMENT RECOMMENDATION: 

Approve. (#20070350 – County Lands)

 

 

(E)

ACTION REQUESTED/PURPOSE: 

Adopt a Resolution of Exchange relating to 1) privately owned property located in Section 11, Township 44 South, Range 24 East, and 2) County held easement located in Section 11, Township 44 South, Range 24 East; authorize Chairman to execute all documents necessary to effectuate the exchange; authorize the Division of County Lands to handle and accept all documentation to complete this transaction.

FUNDING SOURCE: 

No County funds required.

WHAT ACTION ACCOMPLISHES: 

Exchange of County property must be approved by the Board of County Commissioners pursuant to Florida Statute.

MANAGEMENT RECOMMENDATION: 

Approve (#20070368 – County Lands)

 

 

(F)

ACTION REQUESTED/PURPOSE: 

Authorize Pavese Law Firm to file a complaint on behalf of and in the name of Lee County against Lee County Electric Cooperative to seek a judicial determination with regard to Lee County Electric Cooperatives Easement Claim.

FUNDING SOURCE: 

No funds required.  This claim will be filed pursuant to a title insurance policy.

WHAT ACTION ACCOMPLISHES: 

Provides the Pavese Law Firm with proper authority to seek a judicial determination invalidating the easement claim of Lee County Electric Cooperative across Lee County 20/20 property know as Prairie Pines Preserve.

MANAGEMENT RECOMMENDATION: 

Approve (#20070391 – County Lands)

 

 

(G)

ACTION REQUESTED/PURPOSE: 

Approve the acquisition of real estate identified by Tax STRAP Numbers 04-44-25-17-0000A.0060 and 04-44-25-17-0000A.0070 in East Fort Myers for the Schandler Park Improvements Project No. 1758, in the amount of $225,000, pursuant to the terms and conditions as set forth in the Purchase Agreement; authorize payment of necessary fees and costs to close; and authorize the Division of County Lands to handle and accept all documentation necessary to complete this transaction.

FUNDING SOURCE: 

Fund: Impact Fee/Community Park/Fort Myers; Program: Capital Improvement; Project: Schandler Hall Improvement/Land Acquisition and Fund: Impact Fee/Community Park/Alva; Program: Capital Improvement; Project: Schandler Hall Improvement/Land Acquisition

WHAT ACTION ACCOMPLISHES: 

Allows the County to proceed with the project and avoids Eminent Domain proceedings.

MANAGEMENT RECOMMENDATION: 

Approve (#20070446 – County Lands)

 

 

(H)

ACTION REQUESTED/PURPOSE:

Request Board approve Interlocal Agreement in the amount of $64,065.00 with the City of Fort Myers to retain Route 80 bus service. The route was retained during the FY07 budget process and the City agreed to fund 50% of the cost of the service located within the City of Fort Myers in the amount of $64,065.00, Lee County is funding $240,152, and fares are estimated at $16,436 for a total cost of $320,653.00. 

WHAT ACTION ACCOMPLISHES:   

Provides bus service from down town Fort Myers to Metro Parkway. 

MANAGEMENT RECOMMENDATION: 

Approval (#20061305 – Transit)

 

7.

PUBLIC SAFETY

8.

SOLID WASTE-NATURAL RESOURCES

9.

TRANSPORTATION

10.

UTILITIES

 

(A)

ACTION REQUESTED/PURPOSE: 

Authorize Chair, on behalf of the BOCC, to execute and approve recording of the “Agreement for the Delivery and Use of Reclaimed Effluent Water” between Lee County and Nordic Investment Corp. to serve the Villages of Pine Island development. The property is located on Stringfellow Road between Pine Island Center and Saint James City.

FUNDING SOURCE:

No funds required.

WHAT ACTION ACCOMPLISHES: 

Provides for beneficial reuse of treated effluent from the Pine Island Wastewater Treatment Plant.

MANAGEMENT RECOMMENDATION: 

Approval (#20070092 – Utilities)

 

 

(B)

ACTION REQUESTED/PURPOSE: 

Developer Contributed Asset:  Approve final acceptance, by Resolution and recording of one (1) utility easement, as a donation of a two 10’’ diameter fire lines, two 6’’ diameter master meter assemblies and one 4’’ diameter force main connection, to provide potable water service, fire protection and sewer service to Eagles Preserve at Shell Point, a multi-family residential life care facility. This is a Developer contributed asset located along the west side of Davis Road approximately 3/4 mile north of McGregor Blvd.

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. (#20070314 – Utilities)

 

 

(C)

ACTION REQUESTED/PURPOSE: 

Developer Contributed Asset:  Approve final acceptance, by Resolution and recording of one (1) utility easement, as a donation of a two 10’’ diameter master meter assemblies and three fire hydrants, to provide potable water service and fire protection to International Center, Tract ‘D’, McGarvey School and Light Industrial Complex, a school and industrial complex. This is a Developer contributed asset and the project is located on the northeast corner of Plantation Road and International Center 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. (#20070315 – Utilities)

 

 

(D)

ACTION REQUESTED/PURPOSE: 

Developer Contributed Asset:  Approve final acceptance, as a donation of a water main extension, to provide potable water service and fire protection to Cypress Square, Phase III, two recently constructed commercial buildings. This is a Developer contributed asset and the project is located on the east side of McGregor Drive approximately 500’ north of Cypress Lake Drive.

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. (#20070335 – Utilities)

 

 

(E)

ACTION REQUESTED/PURPOSE: 

Developer Contributed Asset:  Approve final acceptance, by Resolution and recording of one (1) utility easement, as a donation of a one 10’’ diameter fire line, one 8’’ diameter fire line, and four water services, to provide potable water service and fire protection to Magnolia Landing Club House, a recently constructed recreational facility.  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. (#20070337 – Utilities)

 

 

(F)

ACTION REQUESTED/PURPOSE: 

Developer Contributed Asset:  Approve final acceptance, as a donation of a water main extension and one 4’’diameter fire line, to provide potable water service and fire protection to Magnolia Landing Maintenance Facility, a recently constructed maintenance building. This is a Developer contributed asset project located on the east side of N. Tamiami Trail 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. (#20070338 – Utilities)

 

 

(G)

ACTION REQUESTED/PURPOSE: 

Authorize Chairman, to execute Change Order #1 to the Professional Service Agreement for

CN-05-02 REGIONAL WASTEWATER RESIDUALS FEASIBILITY STUDY, Contract No. 3215 with Hazen & Sawyer, P.C. in the amount of $378,854.15, to assist with the development of an RFP and to act as the owner’s representative in development of a Regional Wastewater Residuals Processing Facility.

FUNDING SOURCE: 

Fund - Sewer Connection Fees; Program - Capital Project; Project – Regional Sludge Handling Plant.

WHAT ACTION ACCOMPLISHES: 

Provides for Hazen and Sawyer to continue to provide assistance to Lee County Utilities in proceeding with site procurement, infrastructure design, traffic review, permitting requirements, design criteria, procurement documents and assistance with partnering agreements necessary to build the regional wastewater residuals processing facility.

MANAGEMENT RECOMMENDATION: 

Approval. (#20070339 – Utilities)

 

 

(H)

ACTION REQUESTED/PURPOSE: 

Approve Project # PB070340, for Utilities, for the utilization (piggyback) of the City of Port St. Lucie’s Bid # 20040043, which has gone through their competitive bidding process, for the annual purchase of Neptune Water Meters through its authorized distributor Sunstate Meter & Supply Inc., for the unit prices as listed on the awarded vendor’s quote.  This bid was recently renewed through 3/16/10, and has one additional three year renewal available.  Also request permission to continue to utilize this piggyback for any renewal periods between Port St. Lucie and the awarded vendor.  The Utilities Division estimates expending approximately $300,000 annually for water meters and replacement parts.  The requesting division will be responsible for monitoring their individual expenditures.

FUNDING SOURCE: 

Fund – Lee County Utilities Operations; Programs – Meter Services, Water Distribution; Project – Equipment Repair Parts

WHAT ACTION ACCOMPLISHES: 

Allows Utilities to purchase water meters in a cost effective, efficient, and timely manner.

MANAGEMENT RECOMMENDATION: 

Approve. (#20070381 – Utilities)

 

 

(I)

ACTION REQUESTED/PURPOSE: 

Rescind award to MWH Constructors, Inc., under the DESIGN BUILD SERVICES FOR GATEWAY WASTEWATER TREATMENT PLANT EXPANSION (RFP-06-01) and authorize staff to re-advertise the construction of the project under a traditional “hard bid” process.

FUNDING SOURCE: 

None required for this action.

WHAT ACTION ACCOMPLISHES: 

Terminates contract negations with the awarded design-builder, MWH Constructors, and authorizes staff to bid the project with the original design of 2.0 MGD.

MANAGEMENT RECOMMENDATION: 

Approve. (#20070417 – Utilities)

 

11.

PARKS AND RECREATION

 

(A)

ACTION REQUESTED/PURPOSE: 

Approve project # PB070318 the utilization (piggyback) of the City of Cape Coral’s quote no. PR-071106-69 which was awarded to A&S Transportation Company, which has gone through their competitive bidding process, to provide transportation throughout the year for the various programs provided by the Department of Parks and Recreation. Also request permission to continue to utilize this piggyback for any renewal periods between the City of Cape Coral and the awarded vendor. Parks and Recreation anticipates spending approximately $170,000.00 per year.

FUNDING SOURCE:

Fund – Municipal Services Taxes Unit (MSTU); Parks and Recreation; Parks and Recreation Operations; Public Transportation or Vehicle Rental.

WHAT ACTION ACCOMPLISHES:

Allows Lee County to provide transportation for all the various programs throughout the year at a very competitive rate.

MANAGEMENT RECOMMENDATION: 

Approve. (#20070415 – Parks and Recreation)

 

12.

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 – Swearingen & Associates 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  (#20070358 – Clerk of Court)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – US 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  (#20070359 – Clerk of Court)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – City of Fort Myers. 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  (#20070360 – Clerk of Court)

 

 

(D)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – Schleiffer and Stewart. 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  (#20070361 – Clerk of Court)

 

 

(E)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – National Recreational Property of Florida, Inc. and Mignott. 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  (#20070362 – Clerk of Court)

 

 

(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.

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) (#20070466 – Clerk of Court)
 

 

ADMINISTRATIVE AGENDA

April 3, 2007 

 

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

 

 

   CONVENE AS LEE COUNTY GOVERNMENTAL LEASING CORPORATION

 

 

 

 

(A)

 

ACTION REQUESTED/PURPOSE:  

Meet as the Board of Directors of the Lee County Governmental Leasing Corporation to hold its Annual Meeting and approve the 2007 Annual Report in accordance with Chapter 617, Florida Statutes.

FUNDING SOURCE:   

None

WHAT ACTION ACCOMPLISHES:   

Maintains non-profit corporate status.

MANAGEMENT RECOMMENDATION:  

Approve the 2007 Annual Report of the Lee County Governmental Leasing Corporation.

(#20070389 – County Attorney)

13.
HEARING EXAMINER
14.
PORT AUTHORITY
15.
CONSTITUTIONAL OFFICERS
WALK ON AGENDA
April 3, 2007 
#1
Walk On
 
ACTION REQUESTED/PURPOSE:
Adopt a Resolution which consents to the actions taken by the Housing Finance Authority of Lee County, Florida pertaining to the issuance of Multi-Family Mortgage Revenue Bonds Series 2007 or Series 2008.
FUNDING SOURCE: 
The Lee County Board of County Commissioners will have no financial or administrative costs.
WHAT ACTION ACCOMPLISHES: 
Action will allow the Housing Finance Authority of Lee County, Florida to issue its Mortgage Revenue Bonds for multi-family financing and to provide affordable housing opportunities for low, moderate and middle income families in Lee County, Florida. Ratification of such action is required under Florida Statutes Chapter 159.
MANAGEMENT RECOMMENDATION:
Adopt the Resolution.
REASON FOR WALK ON:
Issuance of bond financing at the April 3, 2007 meeting will allow the Authority to seek additional funding through the Florida SAIL loan program. The application is due April 10, 2007 and must show bond financing. (#20070499 – Planning)
#2
Walk On
 
ACTION REQUESTED/PURPOSE: 
Adopt Resolution and approve the second extension of the Declaration of a State of Local Emergency and the prohibition of the use of open burning and other outdoor ignition sources. 
FUNDING SOURCE: 
N/A
WHAT ACTION ACCOMPLISHES: 
Implements Lee County Ordinance 02-08, prohibiting the use of outdoor ignition sources and extends the State of Local Emergency for an additional seven (7) days.
MANAGEMENT RECOMMENDATION: 
Approve.
REASON FOR WALK ON:
Dry weather conditions have not improved and it is recommended that the State of Local Emergency and burn prohibition be extended another seven (7) days. (#20070541 – Public Safety)