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

 

 

May 15, 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.

COMMISSION CHAMBERS, 2120 MAIN STREET, FORT MYERS, FLORIDA

 

9:30 AM

Invocation:

Rev. Joseph Gabriel

Full Gospel Assembly

 

 

 

 

Pledge of Allegiance

 

 

 

 

Presentations:

CP 1

 

·         

Ceremonial Resolution recognizing the Calusa Land Trust and Nature Preserve of Pine Island, Inc. (#20070668 – Commissioner Janes)

 

 

 

 

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

May 15, 2007 

 

1.

COUNTY ADMINISTRATION 

 

(A)

ACTION REQUESTED/PURPOSE: 

Approve budget amendment resolution and transfer in the amount of $30,000 for two departure level information booths at the Southwest Florida International Airport.  Transfer is from TDC debt service fund reserves.

FUNDING SOURCE:

Funds-Tourist development tax.

WHAT ACTION ACCOMPLISHES: 

Amends budget and allocates funds from reserves.

MANAGEMENT RECOMMENDATION: 

Approve (#20070564 – VCB)

 

 

(B)

ACTION REQUESTED/PURPOSE: 

Concur with the ranking of Consultants by the Competitive Negotiations Committee for CN-07-08 ANNUAL FINANCIAL AUDIT, in the following order of ranking, and authorize contract negotiations to commence with the number one ranked firm: (1) KPMG and (2) Ernst & Young LLP.

FUNDING SOURCE: 

N/A

WHAT ACTION ACCOMPLISHES: 

Consultant will provide professional financial auditing services for the Lee County Board of County Commissioners and the Constitutional Officers (Sheriff, Tax Collector, Supervisor of Elections and Property Appraiser).

MANAGEMENT RECOMMENDATION: 

Approve (#20070699 – County Manager)

 

 

(C)

ACTION REQUESTED/PURPOSE
Consider adoption of two new programs from one of our deferred compensation vendors, Nationwide Retirement Solutions.  These would be Nationwide FundGuard, and Nationwide ProAccount. 

FUNDING SOURCE: 
This is a voluntary, employee paid benefit.

WHAT ACTION ACCOMPLISHES: 
Allows the Board to consider approving an amendment to the contract with Nationwide Retirement Solutions which allows Nationwide to market these new products to employees who have invested in the deferred compensation program. 

MANAGEMENT RECOMMENDATION:  
Do not approve:  (#20070710 - Administrative Services/HR)

This is a new program with no track record.

We have been furnished no data to support whether these managed account  earnings or appreciation will exceed the 1% fee.

There is no hurry since these programs can be added  any time in the future.

Fees appear high compared to other providers (1% fee vs.  .60% fee).

No employees have communicated to staff the need or desire for these services.

Florida Retirement System already offers free financial advice to all FRS participants.

 

2.

CONSTRUCTION AND DESIGN

 

(A)

ACTION REQUESTED/PURPOSE: 

Approve award of Formal Quotation #Q-070255, Janitorial Service for Community Development and Public Works Building, to the overall low quoter meeting specifications, U.S.S.I.; for the annual grand total price of $95,700.00, with CPI increases each year.  The initial term of this quote is for three years; also request authority to renew this quote for an additional two-year period, at the same terms and conditions. In addition please allow the ability to add or delete additional square footage on temporary or permanent basis per the specification at the Purchasing Directors discretion, if it is in the best interest of the county. Funding will come from the individual department or division’s budget whom will be responsible for monitoring their individual expenditures.

FUNDING SOURCE:

Fund: General;  Program:  Facilities Management Administration

WHAT ACTION ACCOMPLISHES: 

Allows Facilities Management to provide reliable janitorial service for the Community Development and Public Works Building.

MANAGEMENT RECOMMENDATION: 

Approve (#20070653 – Facilities)

 

3.

COUNTY COMMISSIONERS 

4.

COMMUNITY DEVELOPMENT 

5.

HUMAN SERVICES 

6.

INDEPENDENT 

7.

PUBLIC SAFETY 

8.

SOLID WASTE-NATURAL RESOURCES 

9.

TRANSPORTATION 

 

(A)

ACTION REQUESTED/PURPOSE: 

Award B-07-20 COUNTY-WIDE MINOR PAVING & DRAINAGE, to all nine (9) responsive, responsible bidders meeting all bidding requirements:  AEC, Inc., Ajax Paving Industries, Inc., APAC-Southeast, Better Roads Inc., Cougar Contracting Specialties, Gulf Paving, Inc., Neubert Construction Services, Pavement Management Inc., and Stevens & Layton, Inc., based on the individual unit prices provided by all bidders, for a total not-to-exceed annual contract amount of $2,400,000.00, with an annual contract period of one (1) year.  Also, authorize Chair to execute agreements on behalf of the Board upon receipt.

FUNDING SOURCE:

DOT: Fund - Transportation Capital Improvement; Program – Major Maintenance; Project – Road Resurface Rebuild Program

Parks & Recreation: Fund – General Fund; Program – Major Maintenance; Project – Countywide Paving

Natural Resources:  Fund:  General Fund; Program:  Major Maintenance Program; Project: Neighborhood Improvement Program

WHAT ACTION ACCOMPLISHES: 

Provides the Department of Transportation, Parks & Recreation and Natural Resources with the availability of having nine (9) contractors to perform intersection improvements, drainage improvements and general roadway improvements based on an as-needed basis for a one-year period without going through the formal bidding process each time.

MANAGEMENT RECOMMENDATION: 

Approve (#20070673 – Transportation)

 

 

(B)

ACTION REQUESTED/PURPOSE: 

Award B-07-21 CORKSCREW ROAD LANDSCAPE & IRRIGATION PROJECT AT CORKSCREW ROAD AND INTERSTATE 75 to the lowest responsive, responsible bidder meeting all bidding requirements, Vila & Son Landscaping Corp., in the not-to-exceed amount of $418,289.10, with a project completion time of 455 consecutive calendar days (including one-year maintenance period).  Further, authorize Chairman to execute contract on behalf of the Board upon receipt.  This project was anticipated and funds are available.

FUNDING SOURCE: 

Funds – Transportation Capital Improvement and General Fund; Program – Major Maintenance; Project – Roadway Beautification 

WHAT ACTION ACCOMPLISHES: 

Provides Lee County with a Contractor for the installation of plant material and underground irrigation system including maintenance of traffic, soil, pumps, electrical, directional boring and landscape and irrigation maintenance.

MANAGEMENT RECOMMENDATION: 

Approve (#20070639 – Transportation)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Approve the utilization of piggybacking from City of Tallahassee, Contract No. 1337, for Hot In-Place Asphalt Surface Recycling Program, with Pavement Savers, Inc., for work on SR 78 from Matlacha to Stringfellow and a northern section of  Burnt Store Road, in the amount of $500,000.00.  Authorize Chair to execute construction contract on behalf of the Board upon receipt.
FUNDING SOURCE:

Fund – Transportation Capital Improvement; Program – Major Maintenance; Project – Road Resurfacing and Rebuild.

WHAT ACTION ACCOMPLISHES:

By allowing the Department to piggyback onto the City of Tallahassee contract it will allow Lee County Transportation to pave approximately 66,000 SY for work on SR 78 from Matlacha to Stringfellow and a northern section of Burnt Store Road prior to the upcoming rainy season.
MANAGEMENT RECOMMENDATION: 

Approve (#20070693 – Transportation)

 

10.

UTILITIES

 

(A)

ACTION REQUESTED/PURPOSE: 

Approve Addendum to the Construction Manager Agreement, under RFQ-06-03, Corkscrew Water Treatment Plant (WTP) Wells & Raw Watermain, (CIP 7097) to MWH Constructors, Inc., (Contract 3669) for a Guaranteed Maximum Price (GMP) of $12,692,034.00 (includes 5% CM Fee of $579,485).  Authorize Chairman execute Addendum on behalf of the Board upon receipt.

Request Board approve waiving of any formal process (if needed) and authorize the use of the Direct Material Purchase Orders based on CM’s competitive process, which allows the County to purchase directly from suppliers of equipment and/or materials as a cost/time saving measure.

Approve budget transfer in the amount of $7,400,000.00 from various Utility projects to the Corkscrew Water Treatment Plant Wells & Raw Main and amend FY06/07 – FY 10/11 CIP accordingly. Also approve budget transfer in the amount of $886,850 to Reserves.

FUNDING SOURCE: 

Fund: LCU Water Connection Fees; Program Utilities and Capital Improvement Project: Corkscrew WTP Wellfield Expansion.

WHAT ACTION ACCOMPLISHES: 

Provides Construction Management services for the purchase of the generator and construction of the raw watermain at the Corkscrew WTP Wellfield.

MANAGEMENT RECOMMENDATION: 

Approve. (#20070196 – Utilities)

 

 

(B)

ACTION REQUESTED/PURPOSE:  

Authorize Chair, on behalf of BOCC, to execute an Agreement between Greater Pine Island Water Association, Inc. (GPIWA) and Lee County, Florida.    Agreement authorizes GPIWA to disconnect water service to mutual Lee County Utilities (LCU) customers who are delinquent in paying Lee County sewer service utility bills.  

FUNDING SOURCE: 

No funds required.

WHAT ACTION ACCOMPLISHES:  

Provides collection assistance for LCU when sewer only customers are delinquent. 

MANAGEMENT RECOMMENDATION: 

Approval. (#20070460 – Utilities)

 

 

(C)

ACTION REQUESTED/PURPOSE: 

Developer Contributed Asset:  Approve construction of water and gravity main extensions serving Portico Town Home Parcel, to provide potable water service, fire protection and sanitary sewer service to this phase of the proposed multi-family residential community.  This is a Developer contributed asset project located on the east side of Buckingham Road approximately ¼ mile south of State Road 80.

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. (#20070621 – Utilities)

 

 

(D)

ACTION REQUESTED/PURPOSE: 

Developer Contributed Asset:  Approve final acceptance, by Resolution as a donation of one 4’’ diameter fire line, to provide fire protection to Crystal Commerce Center, Lots 14 and 15, a recently constructed commercial building. This is a Developer contributed asset and the project is located on the south side of Crystal Commerce Loop just south of Crystal 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.  (#20070622 – Utilities)

 

 

(E)

ACTION REQUESTED/PURPOSE: 

Developer Contributed Asset:  Approve final acceptance, by Resolution and recording of one (1) utility easement, as a donation of water and gravity main extensions to provide potable water service, fire protection and sanitary sewer service to Pebblebrook at Verandah, a phased residential 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. 

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. (#20070623 – Utilities)

 

 

(F)

ACTION REQUESTED/PURPOSE: 

Developer Contributed Asset:  Approve final acceptance, by Resolution and recording of one (1) utility easement as a donation of one 4’’ diameter fire line to provide fire protection to Verandah Pro-Shop, a recently constructed commercial building.  This is a Developer Contributed asset project located on the south side of State Road 80, approximately ½ mile east of State Road 31.

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. (#20070663 – Utilities)

 

 

(G)

ACTION REQUESTED/PURPOSE: 

Developer Contributed Asset:  Approve final acceptance, by Resolution and recording of one (1) utility easement, as a donation of one 8’’ diameter fire line, one fire hydrant, and two water services to provide water service and fire protection to Knott-Alico Commerce Center, Phase 2. This is a Developer Contributed asset project located on the south side of Drew Circle at Cam 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. (#20070665 – Utilities)

 

 

(H)

ACTION REQUESTED/PURPOSE: 

Developer Contributed Asset:  Approve construction of a force main extension serving Park Center, to provide sanitary sewer service to this proposed commercial development.  This is a Developer contributed asset project located on the South side of College Parkway approximately ¼ of a mile East of Winkler 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. (#20070670 – Utilities)

 

 

(I)

ACTION REQUESTED/PURPOSE: 

Developer Contributed Asset:  Approve final acceptance, by Resolution and recording of four (4) Utility Easements, as a donation of a water main extension serving Palms of McGregor, f/k/a Bohannon Subdivision to provide potable water service and fire protection to this recently constructed residential subdivision. This is a Developer Contributed Asset Project located on the north side of McGregor Boulevard approximately 950’ southwest of Winkler 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. (#20070676 – Utilities)

 

 

(J)

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: (which does not include a utility easement) between Lee County and Mr. Edward Lawler.  The property is located on Iona Road in South Fort Myers.

FUNDING SOURCE: 

No funds required.

WHAT ACTION ACCOMPLISHES:  

Provides for disposal of treated effluent from the Fort Myers Beach Wastewater Treatment Plant.

MANAGEMENT RECOMMENDATION: 

Approval. (#20070677 – Utilities)

 

11.

PARKS AND RECREATION 

12.

COUNTY ATTORNEY 

 

(A)

ACTION REQUESTED/PURPOSE: 

Direct the 2007 round of amendments to the Land Development Code to public hearing as follows:

                Local Planning Agency:     May 21, 2007 at 8:30 a.m.

                First Public Hearing:          June 12, 2007 after 5:05 p.m.

                Second Public Hearing:      June 26, 2007 after 5:05 p.m.

FUNDING SOURCE:

WHAT ACTION ACCOMPLISHES: 

Satisfies the Board policy to hold two public hearings to amend the LDC. 

MANAGEMENT RECOMMENDATION: 

Approve (#20070701 – 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.

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) (#20070707 – Clerk of Court)

 

 

(B)

ACTION REQUESTED/PURPOSE: 

Approve the Minutes for the following meetings of the Board of County Commissioners held for the week of April 30th through May 4th, 2007:

April 30, 2007 (Zoning)                              May 1, 2007 (Regular Meeting)

FUNDING SOURCE:

Not Applicable.

WHAT ACTION ACCOMPLISHES: 

Approval of the Board Minutes, pursuant to Florida Statute 286.011

MANAGEMENT RECOMMENDATION:  

Approve (#20070711- Minutes)

 

 

ADMINISTRATIVE AGENDA

May 15, 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 

 

(A)

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)

 

10.

UTILITIES 

11.

PARKS AND RECREATION 

12.

COUNTY ATTORNEY 

 

(A)

ACTION REQUESTED/PURPOSE: 

Approve settlement in Lee County v. Idlette, et al., Case No. 03CA-3060, Parcel 153, Veronica Shoemaker Blvd. Project.

FUNDING SOURCE: 

This is a City of Fort Myers funded project.

WHAT ACTION ACCOMPLISHES: 

Settles all claims for condemnation of parcel 153, excluding fees and costs.

MANAGEMENT RECOMMENDATION: 

Approve settlement. (#20070704 – County Attorney)

 

 

(B)

ACTION REQUESTED/PURPOSE: 

Authorize settlement in Lee County v. John Brossard, et al., Case No. 06CA1309.

FUNDING SOURCE: 

Department of Transportation

WHAT ACTION ACCOMPLISHES: 

Settles all claims for compensation for condemnation of property, including attorneys fees and costs.

MANAGEMENT RECOMMENDATION: 

Approve settlement. (#20070706 – County Attorney)

 

13.

HEARING EXAMINER 

14.

PORT AUTHORITY 

15.

CONSTITUTIONAL OFFICERS

WALK ON AGENDA
May 15, 2007
 

#1

Walk On

 

ACTION REQUESTED/PURPOSE: 
Adopt Resolution and approve the eighth 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. (#20070753 – Public Safety)