District #1

Bob Janes

Vice-Chair

District #2

Douglas St. Cerny

District #3

Ray Judah

District #4

Tammy Hall

Chairwoman

District #5

John E. Albion

Donald D. Stilwell

County Manager

David M. Owen County Attorney

November 29, 2005

9:30 AM

Invocation:

Pastor Tony Cubello

Branch of Life Christian Fellowship Church

Pledge of Allegiance

Presentations:

CP 1

·         

National Epilepsy Month Resolution (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

10:00AM

Public Hearings

PH 1

ACTION REQUESTED/PURPOSE:

Conduct a public hearing pursuant to Chapter 163, Fla. Stat., and consider the adoption of a Four-Party Interlocal Agreement entitled, “Interlocal Planning Agreement for the Babcock Ranch”.

WHAT ACTION ACCOMPLISHES:

Allows for public and Board input at a public hearing for comments relative to the Four Party Interlocal Planning Agreement for the planning and development of the Kitson “Retained Property” (Area 6.) of the Babcock Ranch if acquired by Kitson & Partners

MANAGEMENT RECOMMENDATION:

Take public input, deliberate and consider entering into the Four-Party Interlocal Planning Agreement for the planning and development of the Kitson “Retained Property” – (#20051684 – County Attorney).

Adjourn

1.

COUNTY ADMINISTRATION

(A)

ACTION REQUESTED/PURPOSE: 

Approve and authorize Chairman to execute interlocal agreements between Lee County and the City of Bonita Springs, the City of Cape Coral, the Town of Fort Myers Beach, and the City of Sanibel for twelve (12) separate Lee County Tourist Development Council Beach & Shoreline CIP projects.

WHAT ACTION ACCOMPLISHES:

Provides a mechanism to reimburse the municipalities with TDC beach and

shoreline capital improvement program funds.

MANAGEMENT RECOMMENDATION: 

Recommend Approval. (#20051556 – VCB)

(B)

ACTION REQUESTED/PURPOSE:

Board of County Commission approval for the Chairwoman to execute the attached Disaster Relief Funding Agreements for Federal and State assistance for Hurricane Wilma (FEMA-1609-DR-FL).

WHAT ACTION ACCOMPLISHES:

Board of County Commission approval is required for the execution of the Agreement.

MANAGEMENT RECOMMENDATION:

Approve (#20051681 – Budget Services)

2.

CONSTRUCTION AND DESIGN
 

3.

COUNTY COMMISSIONERS 
 

4.

COMMUNITY DEVELOPMENT
 

(A)

ACTION REQUESTED/PURPOSE: 

Adopt Resolutions with the following amendments: A).  Increase the maximum assistance awards for Homeownership Construction in the 2005-2006 Hurricane Housing Recovery Program Plan. B).  Require that in their tenant selection process, rental projects assisted with recovery funds give priority to disaster victims for 15 years.  Requirement to be added to the 2002/03 - 2004/05 and 2005/06 - 2007/08 SHIP (State Housing Initiatives Partnership) Plans and the 2005-2006 Hurricane Housing Recovery Program Plan. C).  Authorize the County Manager to make minor revisions that may be required for final state approval.

WHAT ACTION ACCOMPLISHES:

Approval of these amendments would allow adaptation to current economic conditions. 

MANAGEMENT RECOMMENDATION:

Approve (#20051648 – Community Development)

5.

HUMAN SERVICES

(A)

ACTION REQUESTED/PURPOSE:

Authorize chairman to sign the contract with Catholic Charities Diocese of Venice, Inc. to act as lead agency for the disbursement of Choose Life License Plate funds in Lee County.

WHAT ACTION ACCOMPLISHES:

Provides funds collected from the purchase of Choose Life License Plates in Lee County to a qualifying not-for-profit organization to be utilized according to Florida Statute 320.08058.

MANAGEMENT RECOMMENDATION:

Recommend Approval  (#20051612-Human Services)

6.

INDEPENDENT
 

7.

PUBLIC SAFETY

(A)

ACTION REQUESTED/PURPOSE:

Approve lease with Gulf Care, Inc d/b/a Gulf Coast Village, for two units in a multi-family housing facility located at 152 and 154 S.E. 13^th Street in Cape Coral, Florida to be occupied by Lee County Emergency Medical Services.  Lease cost will be $1,500 per month or $18,000 per year for the first year with no CAM.  After the first year, lease cost will increase no less than 5% and no more than 10% on an annual basis.  Lease is for one year with the option to renew for four additional one year periods.  Lease can be terminated by giving three months advance written notice.

WHAT ACTION ACCOMPLISHES:

Allows Emergency Medical Services crews to remain in the same proximity of Cape Coral Fire Station #4, where they were previously housed, while the new station is being built.  EMS crews will then relocate to the new fire station when it is finished.  Having a temporary location close to the fire station is needed to meet with response time reliability criteria required by EMS.

MANAGEMENT RECOMMENDATION:

Approve. (#20051623 – Public Safety)

(B)

ACTION REQUESTED/PURPOSE: 

Authorize Chairman to execute a lease amendment with City of Fort Myers for the expansion of the fire station at Terry Park.  Lease cost is $1.00 annually for 50 years. 

WHAT ACTION ACCOMPLISHES:

Fulfills an operational need for secure, protected space to house its personnel and emergency vehicles. 

MANAGEMENT RECOMMENDATION: 

Staff recommends approval. (#20051670 – Public Safety)

8.

SOLID WASTE-NATURAL RESOURCES

(A)

ACTION REQUESTED/PURPOSE: 

Approve an increase to Purchase Order 74370 in the amount of $700,001.00 for a total purchase order amount of $750,000.00 to Peterson Organics, Inc. to provide the Solid Waste Division with removal and disposal of vegetative mulch resulting from the debris removal activities resulting from Hurricane Wilma.

WHAT ACTION ACCOMPLISHES: 

Provides approval for the additional work required to transport and dispose of the storm material.

MANAGEMENT RECOMMENDATION:

The Lee County Solid Waste Division requests Board approval of this item. (#20051667 Solid Waste)

(B)

ACTION REQUESTED/PURPOSE: 

Approve award of formal quotation (RFP B&R 2661-SM119) and issuance of a purchase order to Sulzer Pump, Inc., the low price proposer, meeting all specification requirements for two recirculating water pumps in an amount of $160,820.00.

WHAT ACTION ACCOMPLISHES: 

Provides the necessary feed water pumps for the Waste To Energy Expansion Project.

MANAGEMENT RECOMMENDATION: 

Staff recommends approval of the requested motion. (#20051674 – Solid Waste)

9.

TRANSPORTATION

(A)

ACTION REQUESTED/PURPOSE:

Award Professional Services Agreement for CN-04-19 COLONIAL BOULEVARD – I-75 TO SR 82 SIX LANING, to WilsonMiller, Inc., in the not-to-exceed amount of $1,853,282.49.  Also authorize Chairman to execute the Agreement on behalf of the Board.  This project was anticipated and funds are available.

WHAT ACTION ACCOMPLISHES:

Provides Lee County with a Consultant to conduct surveys, develop sign alternative, prepare environmental impact summary, develop traffic data, right-of-way maps, final plans and specifications, coordinate all utility system adjustments, prepare cost estimates, bid documents, contract documents, all governmental permits and traffic signal design and/or modifications for the intersections of Colonial/Ortiz, Colonial/I-75, Colonial/Treeline and Colonial/SR82.

MANAGEMENT RECOMMENDATION:

Approval recommended. (#20051599 – Transportation)

(B)

ACTION REQUESTED/PURPOSE: 

Award Professional Services Agreement for CN-05-06 BURNT STORE ROAD WIDENING FROM PINE ISLAND ROAD TO NORTH OF VAN BUREN PARKWAY, to TY Lin International in the not-to-exceed amount of $2,568,268.32.   Approve Budget Transfer in the amount of $57,211 from Reserves to the Burnt Store Road project and amend FY 05/06-09/10 CIP accordingly.  Also authorize Chairman to execute the Agreement on behalf of the Board.  This project was anticipated.

WHAT ACTION ACCOMPLISHES: 

Provides Lee County with a Consultant to design and permit the widening of Burnt Store Road (Pine Island Road to Van Buren Parkway) from two lanes to four lanes in accordance with the corridor study currently being conducted.

MANAGEMENT RECOMMENDATION: 

Approval Recommended. (#20051601 – Transportation)

(C)

ACTION REQUESTED/PURPOSE:  

Award B-05-24 COUNTY-WIDE RESURFACING ROADWAY IMPROVEMENTS, for the Department of Transportation, to the lowest responsive/responsible bidder meeting all bidding requirements, APAC-Southeast, Inc., for a total not-to-exceed amount of $2,526,640.05.  This cost includes the base bid amount of $2,340,936.35 and Fort Myers Beach alternate amount of $185,703.70, with a  final completion of 180 calendar days.   This project was anticipated and funds are available.

WHAT ACTION ACCOMPLISHES: 

Provides Lee County with a contractor to resurface and rebuild various streets in South Fort Myers, East Fort Myers, Lehigh and Fort Myers Beach.

MANAGEMENT RECOMMENDATION: 

Approval recommended. (#20051621 – Transportation)

10.

UTILITIES

(A)

ACTION REQUESTED/PURPOSE:

Accept staff recommendation to reject acquisition proposal submitted by Tamiami Village Water Company, Inc.

WHAT ACTION ACCOMPLISHES:

Formal acknowledgement of staff recommendation.

MANAGEMENT RECOMMENDATION:

Approval. (#20051541 – Utilities)

(B)

ACTION REQUESTED/PURPOSE:

Approve Change Order No. 1 to Contract No. 2978 Three Oaks WWTP Deep Injection Well (RFQ-04-01), with Youngquist Brothers, Inc. for an additional contract amount of $55,000.00 and 30 additional contract days.  The purpose is to provide temporary equipment and facilities to conduct the short-term injection test.

WHAT ACTION ACCOMPLISHES:

Provides funding and formal approval for additional unforeseen activities needed to complete construction and conduct the short-term injection test of the deep injection well.

MANAGEMENT RECOMMENDATION:

Approval. (#20051547 – Utilities)

(C)

ACTION REQUESTED/PURPOSE:

Authorize Chairperson, on behalf of the BOCC, to approve South Florida Water Management District (SFWMD) Funding Agreement for Olga Water Plant ASR Wells, Phase II (Agreement No. DG061177) in the amount of $170,000 with a total project cost of $550,000; 2) Approve a Budget Amendment Resolution for $170,000 and amend FY 05/ 06-09/10 CIP accordingly.

WHAT ACTION ACCOMPLISHES:

Establishes the responsibilities and funding obligations and allows Lee County to work cooperatively with SFWMD to complete the project that will provide additional alternative water supply within the Lee County Utilities system.

MANAGEMENT RECOMMENDATION:

Approval. (#20051592 – Utilities)

(D)

ACTION REQUESTED/PURPOSE:

Authorize Chairperson, on behalf of the BOCC, to approve South Florida Water Management District (SFWMD) Funding Agreement for Pinewoods Lower Hawthorne Wells and R.O. Treatment Plant (Agreement No. DG061178) in the amount of $1,000,000 with a total project cost of $10,898,000; 2) Approve a Budget Amendment Resolution for $1,000,000 and amend FY 05/06-09-10 CIP accordingly.

WHAT ACTION ACCOMPLISHES:

Establishes the responsibilities and funding obligations and allows Lee County to work cooperatively with SFWMD to complete the project that will provide additional alternative water supply within the Lee County Utilities system.

MANAGEMENT RECOMMENDATION:

Approval. (#20051593 – Utilities)

(E)

ACTION REQUESTED/PURPOSE:

Authorize Chairperson, on behalf of the BOCC, to approve South Florida Water Management District (SFWMD) Funding Agreement for Lochmoor Reclaimed Water Storage Tank & Pump Station (Agreement No. DG061179) in the amount of $500,000 with a total project cost of $1,450,000;  2) Approve a Budget Amendment Resolution for $500,000 and amend FY 05/06-09/10 CIP accordingly.

WHAT ACTION ACCOMPLISHES:

Establishes the responsibilities and funding obligations and allows Lee County to work cooperatively with SFWMD to complete the project that will provide additional alternative water supply within the Lee County Utilities system.

MANAGEMENT RECOMMENDATION:

Approval. (#20051594 – Utilities)

11.

PARKS AND RECREATION

(A)

ACTION REQUESTED/PURPOSE: 

Authorize the Chairman to sign a Wildlife Cooperative Agreement between the United States Department of the Interior, Partners for Fish and Wildlife Program and Lee County to remove invasive exotics from Piping Plover habitat, a 39 acre island located at Bunche Beach.  Approve Budget Amendment Resolution and in the amount of $58,000.

WHAT ACTION ACCOMPLISHES: 

To accept funds from the Partners for Fish and Wildlife Program to remove invasive exotics from Piping Plover habitat, a 39 acre island located at Bunche Beach . 

MANAGEMENT RECOMMENDATION: 

Approve this agreement which establishes the mechanism for Lee County to receive $58,000 in funds on a reimbursement basis for removal of invasive exotics from Piping Plover habitat, a 39 acre island located at Bunche Beach. (#20051655 – Parks and Recreation)

(B)

ACTION REQUESTED/PURPOSE: 

Authorize the Chairman to execute a License and Service Provider Agreement between the Lee County Tennis Association (CTA) and Lee County to continue to provide tennis instruction, leagues, and United States Tennis Association (USTA) tennis programs. 

WHAT ACTION ACCOMPLISHES: 

Enables tennis instruction, leagues, and USTA tennis programs to continue to be provided throughout Lee County. 

MANAGEMENT RECOMMENDATION: 

Approve this License and Service Provider Agreement for the benefit of both residents and visitors to Lee County.  (#20051656 – Parks and Recreation)

12.

COUNTY ATTORNEY

13.

HEARING EXAMINER

14.

PORT AUTHORITY

15.

CONSTITUTIONAL OFFICERS

(A)

ACTION REQUESTED/PURPOSE:

Board approval and Chairman’s signature on Form 8038-T for payment of arbitrage liability, as required by the 1993 Regulations, to the U.S. Treasury for a total of $2,714.88.

WHAT ACTION ACCOMPLISHES:

Remits yield reduction payment for Lee County, Florida, Capital Revenue Bonds, Series 1995 A and B in compliance with 1993 Regulations as set forth by the Internal Revenue Service (IRS).

MANAGEMENT RECOMMENDATION:

Approve yield reduction payment for Lee County, Florida Capital Revenue Bonds, Series 1995 A and B in the amount of $2,714.88 and Chairman’s signature on IRS Form 8038-T. (#20051661 – Clerk of Court)

(B)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant Fields-Brown.  Pursuant to Florida Statute Chapter 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 (#20051662 – Clerk of Court)

(C)

ACTION REQUESTED/PURPOSE:

Request board approve disbursements.  The check and wire registers can be reviewed on the 3^rd 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) – (#20051664 – Clerk of Court)

(D)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant Brown.  Pursuant to Florida Statute Chapter 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 – (#20051663 – Clerk of Court)

(E)

ACTION REQUESTED/PURPOSE:

Present for information purposes.  To provide interim reporting on selected funds and revenues of the Lee County Board of County Commissioners.  Included in the report in compliance with Chapter 218.415 Florida Statues, Local Government Investment policies, is the stated and fair market value of the investments managed by the Clerk’s Office.  Additionally, In pursuant to Lee County Ordinance 02-28 activity for the Driver’s Education Safety Trust Funds.

WHAT ACTION ACCOMPLISHES:

The purpose of this report is to convey to you the financial status of selected significant funds of the Lee County Board of County Commissioners and the status of specific revenues as of the stated dates and the market value of the investments managed by the Clerk’s Office on behalf of the Board.

MANAGEMENT RECOMMENDATION:

Approve – (#20051665 – Clerk of Court)

1.

COUNTY ADMINISTRATION

2.

CONSTRUCTION AND DESIGN

3.

COUNTY COMMISSIONERS

4.

COMMUNITY DEVELOPMENT

5.

HUMAN SERVICES

6.

INDEPENDENT

(A)

ACTION REQUESTED/PURPOSE: 

Consider approval of the purchase of the Lee County Fisherman’s Cooperative, Inc. for $16,000,000, pursuant to the terms and conditions of the Contract for Sale and Purchase; authorize payment of costs and fees to close, and authorize the Chairwoman or Vice-Chairman to execute all additional documentation necessary to amend the Contract for Sale and Purchase; as necessary. If acquired, an underground petroleum storage tank (2000 gallons) will need to be removed and soils will have to be remediated. Staff has discussed with the seller that the seller pay for the removal and remediation costs, estimated to be $46,000. The County will retain $100,000 in an escrow account to cover the remediation costs, returning any remaining funds to the Seller once remediation is completed. The County will be responsible for any costs in excess of the $100,000, which are not anticipated. Authorize the Division of County Lands to handle and accept all documentation necessary to complete this transaction. A management recommendation for allocating the purchase price is included in the attached memo and contemplates a $6 million Municipal Services Taxing Unit on the Outer Islands, with the County paying for the remaining $10 million through various funds. (See Page 2) 

WHAT ACTION ACCOMPLISHES: 

Authorization for closing and the purchase of the Lee County Fisherman’s Cooperative, Inc. site.

MANAGEMENT RECOMMENDATION: 

Seeking Board direction (#20051678 – County Lands)

7.

PUBLIC SAFETY

8.

SOLID WASTE-NATURAL RESOURCES

9.

TRANSPORTATION

(A)

ACTION REQUESTED/PURPOSE:

Request exemption from the 3% Local Bidders Preference (Lee County Ordinance No. 00-10) for the following Lee County DOT projects:  Three Oaks South (CIP # 4043); Three Oaks Widening (CIP # 4081); Corkscrew Rd (CIP # 4723); Estero Parkway Extension (CIP # 5021).

WHAT ACTION ACCOMPLISHES:

Encourages additional bidders to respond to our advertisements.

MANAGEMENT RECOMMENDATION: 

Approve waiver. (#20051645 – Transportation)

10.

UTILITIES

11.

PARKS AND RECREATION

12.

COUNTY ATTORNEY

(A)

ACTION REQUESTED/PURPOSE:      

Approval of settlement offer in the case of Lee County v. Cobb, et al., Case No. 05CA-3748-G, Parcel 313, for $425,000.00.

WHAT ACTION ACCOMPLISHES:  

Resolves all claims for compensation and fees and costs on this parcel.

MANAGEMENT RECOMMENDATION:  

County Attorney recommends approval of settlement offer. (#20051649 – County Attorney)

(B)

ACTION REQUESTED/PURPOSE:   

Approve partial waiver of penalty on a Suncoast Estates Phase II special assessment.

WHAT ACTION ACCOMPLISHES:  

Waives most of penalty interest on a Suncoast Phase II special assessment.

MANAGEMENT RECOMMENDATION: 

County attorney recommends approval. (#20051650 – County Attorney)

13.

HEARING EXAMINER

14.

PORT AUTHORITY

15.

CONSTITUTIONAL OFFICERS