District #1

Bob Janes

District #2

Douglas St. Cerny

Chairman

District #3

Ray Judah

District #4

Tammy Hall

Vice Chair

District #5

John E. Albion

Donald D. Stilwell

County Manager

David M. Owen County Attorney

November 15, 2005

9:30 AM

Invocation:

Pastor Patrick Thurmer

Living Faith Church

Pledge of Allegiance

Presentations:

CP 1

·         

Geographic Information System (GIS) Day Resolution – 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

9:30 AM

Public Hearings

PH 1

ACTION REQUESTED/PURPOSE:

Annual Organization of the Board of County Commissioners.

WHAT ACTION ACCOMPLISHES:

Administrative Code AC-1-3, Section IV, Rule 2.01 calls for the annual organization or reorganization of the Board to designate a Chairman and Vice-Chairman.

MANAGEMENT RECOMMENDATION:

Approve – (#20051514 – Public Resources)

PH 2

ACTION REQUESTED/PURPOSE: 

Conduct a Public Hearing to adopt a Resolution on Petition to Vacate a

12-foot wide Public Utility Easement located at 100 Gunnery Rd. S., Lehigh Acres  (Case No. VAC2005-00044). 

WHAT ACTION ACCOMPLISHES: 

To build a commercial building on the combined lots.  The vacation of this easement will not alter existing utility conditions and the easement is not necessary to accommodate any future utility requirements.

MANAGEMENT RECOMMENDATION: 

Approve (#20051465 – Community Development)

PH 3

ACTION REQUESTED/PURPOSE: 

Conduct second public hearing and then agree to enter into a development agreement with the owners and developers of the Alico Interchange Park DRI that will govern the mitigation of the transportation impacts of the Alico Interchange Park DRI.  Accept cash payment received pursuant to this agreement and amend the FY 05/06 -  09/10 CIP to reflect payment. Also approve budget amendment resolution in the amount of $10,709,662.00.

WHAT ACTION ACCOMPLISHES: 

Finalizes the terms and conditions of the mitigation of transportation impacts for the Alico Interchange Park DRI.

MANAGEMENT RECOMMENDATION: 

Execute development agreement. (#20051572 – County Attorney)

Adjourn

1.

COUNTY ADMINISTRATION

(A)

ACTION REQUESTED/PURPOSE:

Approve a revised estimate of $53,279,000 ($444,900,000 for the Ortiz Jail Expansion and $8,379,000 for the Evidence Facility) and authorize Administration to proceed with the issuance of bonds estimated at $49,434,000 to provide funds for both projects.  Approve transfer of funds from Capital Fund Reserves in the amount of $900,000 for the remainder of design costs for the Ortiz Jail Expansion Project and amend the FY05-06/09-10 CIP accordingly.

WHAT ACTION ACCOMPLISHES:

Revises the budgets for the Ortiz Jail Expansion and Evidence Facility and allows the Administration to proceed to finance the projects with bonds.

MANAGEMENT RECOMMENDATION:

Approve – (#20051598 – County Administration) 

2.

CONSTRUCTION AND DESIGN
 

(B)

ACTION REQUESTED/PURPOSE: 

Award and authorize staff to enter into a Construction Manager Agreement for RFQ-05-11 LEE COUNTY SHERIFF EVIDENCE FACILITY, to Bundschu Kraft, for the sum of six and one-half (6.5%) percent of the total construction cost of the project.  Bundschu Kraft, Inc. will also provide preliminary construction consulting services for an additional fee of one-half (1/2%) percent of the construction costs. Also 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. Also, authorize the Chairman to execute the Construction Management agreement upon receipt.

WHAT ACTION ACCOMPLISHES: 

Provides Construction Management services for the construction of a 60,000 s.f. building as the new facilities for the Lee County Sheriff department for their evidence storage and vehicle impound.

MANAGEMENT RECOMMENDATION:

Staff recommends approval (#20051583 – Construction and Design) 

3.

COUNTY COMMISSIONERS

4.

COMMUNITY DEVELOPMENT

(A)

ACTION REQUESTED/PURPOSE:

Approve amendments extending the project completion deadline from December 31, 2005, to May 30, 2006, to the following contracts between Lee county and affordable housing providers:

        C-2603 – Cape Coral Housing Rehabilitation and Development Corporation

        C-2604 and C-3071- Bonita Springs Area Housing Development Corporation

        C-2605- Southwest Florida Addiction Services

        C-3073- Renaissance Manor, Inc.

WHAT ACTION ACCOMPLISHES: 

Ensures timely completion of these projects

MANAGEMENT RECOMMENDATION:

Approve (#20051525 – Community Development)

5.

HUMAN SERVICES

(A)

ACTION REQUESTED/PURPOSE:

Authorize Chairman to sign State Agreement for the receipt of Challenge Grant funds and sub recipient agreements. Also authorize Department of Human Services Deputy Director to sign required grant reports. Approve budget resolution for State of Florida FY2006 Challenge Grants in the amount of $100,000 for the County fiscal year 2005-2006.

WHAT ACTION ACCOMPLISHES:

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

MANAGEMENT RECOMMENDATION:

Staff recommends approval. (#20051580 – Human Services)

(B)

ACTION REQUESTED/PURPOSE:

Amend a contract between the State of Florida Department of Community Affairs and the Board of County Commissioners to receive an additional $18,015 for the Low Income Home Energy Assistance Program (LIHEAP); approve a budget amendment resolution.

WHAT ACTION ACCOMPLISHES:

Will provide a total of $503,317 in grant funds for assistance with energy costs to qualified Lee County households

MANAGEMENT RECOMMENDATION:

Approve and sign a Modification of Agreement between Florida Department of Community Affairs and Lee County Board of County Commissioners to receive additional Low Income Home Energy Program funds; approve a budget amendment resolution.  (#20051588 – Human Services)

6.

INDEPENDENT

(A)

ACTION REQUESTED/PURPOSE:

Concur with the selection of Consultants by the Competitive Negotiations Committee for CN-05-24 MISCELLANEOUS LANDSCAPE ARCHITECTURAL SERVICES and authorize staff to negotiate hourly rates with all seven (7) selected firms:  A. Gail Boorman & Associates; Genus Loci Studio Corporation; Hole Montes, Inc.; Land Architectural Technologies, Inc.; McGee & Associates, Inc.; Outside Productions, Inc.; and Vanasse Daylor.  Authorize Chairman to execute Professional Service Agreements upon completion.

WHAT ACTION ACCOMPLISHES: 

Provides Lee County with seven (7) consultants on this contract that can provide professional services for the project known as MISCELLANEOUS LANDSCAPE ARCHITECTURAL SERVICES on an as-needed basis.

MANAGEMENT RECOMMENDATION: 

Staff recommends approval. (#20051573 – Public Works)

(B)

ACTION REQUESTED/PURPOSE:

Authorize submission of the Library Division’s Annual Plan of Service to the Florida Department of State, Division of Library and Information Services for FY 2005-2006.  To remain eligible for the State Aid to Libraries Grant Program, Florida Administrative Code 1B-2 requires submission of this document to the State no later than December 1, 2005

WHAT ACTION ACCOMPLISHES:

Fully qualifies the Lee County Library System for funding

MANAGEMENT RECOMMENDATION:

Recommends approval (#20051600 – Library)

7.

PUBLIC SAFETY

(A)

ACTION REQUESTED/PURPOSE: 

Adopt a resolution to approve changing a street name on a platted street: as recorded Via Coconut Point Pkwy in Plat Book 83, on page 1, Rapallo Subdivision, to be changed to Via Villagio.

WHAT ACTION ACCOMPLISHES: 

This change will unify the Subdivision Rapallo and Coconut Point Mall into one village per request of the developers. 

MANAGEMENT RECOMMENDATION: 

Staff recommends approval. (#20051603 – Public Safety)

(B)

ACTION REQUESTED/PURPOSE:

Authorize Chairman to sign a five-year lease with the United States Department of Commerce to continue operation of “NOAA Weather Radio” at the Lee County Emergency Operations Center (EOC).  Lease provides $4,250.16 in funding for electricity used by their equipment for the first year with an additional 4% increase in subsequent years.

WHAT ACTION ACCOMPLISHES:

Provides for NOAA Radio continuous operations from the Lee County EOC.

MANAGEMENT RECOMMENDATION:

Staff recommends approval – (#20051613 – Public Safety).

8.

SOLID WASTE-NATURAL RESOURCES

(A)

ACTION REQUESTED/PURPOSE: 

Approve the award of Project  # PB060061, the purchase of one International Tractor Truck for Solid Waste, from Mauldlin International Trucks, at the Florida Sheriffs Association Bid price (including non-contract options in the amount of $11,756.74) of $77,131.74.

WHAT ACTION ACCOMPLISHES:

Provides Solid Waste with a new road tractor to be used for hauling ash from the WTE plant to the landfill for disposal.

MANAGEMENT RECOMMENDATION:

Approve as stated. (#20051554 – Solid Waste)

9.

TRANSPORTATION

(A)

ACTION REQUESTED/PURPOSE: 

Award B-05-25 PILE JACKET CAPE CORAL BRIDGE ROAD OVER CALOOSAHATCHEE BRIDGE #124044, for the Department of Transportation, to the lowest responsive/responsible bidder meeting all bidding requirements, Sieg & Ambachtsheer, Inc., for a total not-to-exceed amount of $86,400.00, with a project completion time of 180 calendar days.   Also authorize Chairman to execute Agreement upon receipt.  This project was anticipated and funds are available.

WHAT ACTION ACCOMPLISHES: 

Provides Lee County with a Contractor to furnish, fabricate and install pile jackets consisting of a permanent outer form made from durable inert corrosion-resistant materials with a zinc mesh attached to the inside of the form and filling the annular space between the pile and the permanent form with concrete filler.

MANAGEMENT RECOMMENDATION: 

Approval recommended. (#20051571 – Transportation)

(B)

ACTION REQUESTED/PURPOSE: 

Approve an Amendment to the Addendum to the Third Joint Supplemental Agreement between Lee County and the City of Bonita Springs under its Master Transportation Agreement related to the traffic signal installation at Bonita Beach Road and Downs Drive.

WHAT ACTION ACCOMPLISHES: 

Allows County to enter into a modification of an existing Interlocal Agreement with the City of Bonita Springs outlining the terms and conditions for installation of a traffic signal by other parties on a County-maintained road.

MANAGEMENT RECOMMENDATION: 

Approve (#20051578 – Transportation)

10.

UTILITIES

(A)

Action Requested/Purpose:

Approve final acceptance, by Resolution, and recording of one (1) utility easement, as a donation of one (1) fire hydrant, one (1) fire line, one (1) 5/8’’ water service and one (1) single sewer service connection serving Schultz Chaipel Office Building to provide potable water service, fire protection and sanitary sewer service to this recently constructed office building. This is a Developer Contributed asset project located on the south side of International Center Blvd. approximately 500’ east of Plantation Road.

What Action Accomplishes:

Places the fire hydrant, fire line, water service and sewer service connection into operation and complies with the Lee County Utilities Operations Manual.

Management Recommendation:

Approval. (#20051503 – Utilities)

(B)

ACTION REQUESTED/PURPOSE:

Authorize Chairperson, on behalf of the BOCC, to approve and execute the State of Florida Department of Health Standard Contract (#COUJ), and Request for Advance Payment Letter, for the fluoridation system installation and upgrade, through the Public Health Dental Program. Also, approve a Budget Amendment Resolution for $150,000 and amend FY 05/06-09/10 CIP accordingly.

WHAT ACTION ACCOMPLISHES:

Provides advance funding in the amount of $150,000.00 from the Florida Fluoridation Grant (CFDA #93-991) administered by the Department of Health which will allow purchase, installation, maintenance and upgrades of the fluoridation system.

MANAGEMENT RECOMMENDATION:

(#20051595 – Utilities)

11.

PARKS AND RECREATION

12.

COUNTY ATTORNEY

(A)

ACTION REQUESTED/PURPOSE:

Approve and authorize execution and recording of an Agreement between Cross Creek Estates Association, Inc., the Lee County Sheriff and the County for the County’s exercising of County jurisdiction over certain roads within Cross Creek Estates for traffic control purposes.

WHAT ACTION ACCOMPLISHES:

Memorializes a three-party Agreement for the County’s exercise of jurisdictional control over certain private roads for traffic control purposes by the Sheriff.

MANAGEMENT RECOMMENDATION:

Approve Agreement – (#20051546 – County Attorney)

(B)

ACTION REQUESTED/PURPOSE:

Approve re-conveyance of a roadway and utility easement located in Section 28, Township 46 South, Range 25 East; authorize Chairman to execute Release of Easements; authorize County Lands Division to handle all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

Returns a portion of a roadway and utility easement that was conveyed to Lee County for the purpose of constructing Koreshan Drive to the adjacent owner.

MANAGEMENT RECOMMENDATION:

Approve (#20051564 - County Attorney)

(C)

ACTION REQUESTED/PURPOSE:

Approve Transfer to City of Cape Coral of parking lot, alley and walkway dedications contained in plats of Cape Coral.  Authorize Chairman to execute documents necessary to accomplish transfer.

WHAT ACTION ACCOMPLISHES: 

Allows City of Cape Coral to proceed with downtown redevelopment plans in the Community Redevelopment Area in downtown Cape Coral.

MANAGEMENT RECOMMENDATION:

Approve (#20051602 - 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- Martin/Johannsen.  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 landowner.

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  (#20051604-Clerk of Court)

(B)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant- Bouton.  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 landowner.

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  (#20051605-Clerk of Court)

(C)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant- Hachey.  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 landowner.

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  (#20051606-Clerk of Court)

(D)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant- Hirschelman.  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 landowner.

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  (#20051607-Clerk of Court)

(E)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant- Molnar.  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 landowner.

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  (#20051608-Clerk of Court)

(F)

ACTION REQUESTED/PURPOSE:

Approve disbursements.

WHAT ACTION ACCOMPLISHES:

Florida Statute Chapter 136.06(1) requires that all County disbursements be recorded in the Minutes of the Board.  Compliance with the requirements of FS 136.06(1).

MANAGEMENT RECOMMENDATION:

Approve  (#20051609-Clerk of Court)

1.

COUNTY ADMINISTRATION

2.

CONSTRUCTION AND DESIGN

3.

COUNTY COMMISSIONERS

4.

COMMUNITY DEVELOPMENT

5.

HUMAN SERVICES

6.

INDEPENDENT

7.

PUBLIC SAFETY

8.

SOLID WASTE-NATURAL RESOURCES

9.

TRANSPORTATION

10.

UTILITIES

11.

PARKS AND RECREATION

12.

COUNTY ATTORNEY

(A)

ACTION REQUESTED/PURPOSE:   

Approve settlement of Lee County v. Hayes, Case No. 04CA-48-I.

WHAT ACTION ACCOMPLISHES: 

Settles claim for compensation for condemnation for Veronica Shoemaker Boulevard construction.

MANAGEMENT RECOMMENDATION: 

County attorney recommends approval. (#20051610 – County Attorney)

(B)

ACTION REQUESTED/PURPOSE: 

Consider approving and entering into 1. a Four-Party Interlocal Planning Agreement for Babcock Ranch outlining the planning and development aspects of “Area 6" of the Ranch by Kitson & Partners, and; 2. an Agreement for Sale and Purchase with MSKP, III (Mosaic Investment Partners - Parent Company for Kitson & Partners), the Board of Trustees for the Internal Improvement Trust Fund and the Florida Fish and Wildlife Conservation Commission for the acquisition and management of certain lands within the Babcock Ranch, to include a Management Agreement for the acquired properties.

WHAT ACTION ACCOMPLISHES: 

Initiates the process for the planning, development, acquisition and management of environmentally sensitive and “transitional” lands within the Babcock Ranch.

MANAGEMENT RECOMMENDATION:

Consider the terms and conditions of the Four-Party Planning Interlocal Agreement, the Agreement for Sale and Purchase and the Management Agreement, and determine if entering into the Agreements is in the best interests of the County at this time. (#20051619 – County Attorney)

13.

HEARING EXAMINER

14.

PORT AUTHORITY

15.

CONSTITUTIONAL OFFICERS