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District #1 Bob Janes Vice Chair |
District #2 Douglas St. Cerny |
District #3 Ray Judah
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District #4 Tammy Hall Chairwoman |
District #5 John E. Albion |
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Donald D. Stilwell County Manager |
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David M. Owen County Attorney |
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March 28, 2006 |
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 Gaspar Anastasi |
Word of Life Church |
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Pledge of Allegiance |
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Presentations: |
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CP 1 |
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American Red Cross Month – (#20060343 – 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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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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Adjourn until 5:00 PM |
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March 28, 2006
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1. |
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ACTION REQUESTED/PURPOSE: Award and authorize staff to enter into a Construction Manager Agreement for RFQ-06-01 RENOVATIONS TO THE WACHOVIA BLDG. 2ND FLOOR, to Stultz Inc., for the sum of seven and one-quarter (7.25%) percent of the total construction cost of the project. 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 Chairwoman to execute the attached Construction Management agreement. Also approve Budget Transfer in the amount of $100,000 from the General Fund Reserves to the 2nd Floor Renovations at the Wachovia Bldg and amend FY 05/06 budget. WHAT ACTION ACCOMPLISHES: Provides for Construction Management services for an approximately 11,000 s.f. 2nd floor of the Wachovia Bank building, located at 2201 Second Street, Ft Myers, Florida. MANAGEMENT RECOMMENDATION: Staff recommends approval. (#20060277 – Construction& Design)
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ACTION REQUESTED/PURPOSE: Approve lease with DTFM Investments, Inc. for 4 acres of land located at 2374 Union Street, 2351 Liberty Street, 2105 Jackson Street, 2322 Liberty Street and 2129 Jackson Street in downtown Ft. Myers, to be utilized as temporary parking area for county employees. Lease cost will be $150,000 per year. Initial term of the lease will be two years with an option to renew for an additional six months period. Lease can be terminated by giving Lessor three months advance written notice. Approve transfer of funds from General Fund Reserves in the amount of $700,000 to establish budget for one time improvements to the Downtown Shuttle Parking Lot, amend budget for FY 05/06 and an additional transfer of $175,000 for recurring operating costs for the balance of FY 05/06. WHAT ACTION ACCOMPLISHES: Provides temporary parking spaces for employees while parking garage is being built on county owned property known as the “West Lot”. MANAGEMENT RECOMMENDATION: Approve (#20060314 – Construction & Design)
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ACTION REQUESTED/PURPOSE: Concur with the ranking of Consultants by the Competitive Negotiations Committee for CN-06-07 ANIMAL SERVICES EXPANSION in the following order of ranking, and authorize contract negotiations to commence with the number-one ranked firm: 1) BACON GROUP, INC. 2) BSSW, 3) ALLIANCE DESIGN GROUP, 4) AVALON ENGINEERING. Also authorize Chairwoman on behalf of the Board to execute the agreements upon final negotiations. WHAT ACTION ACCOMPLISHES: Authorizes negotiations for design services contract for the project known as CN-06-07 ANIMAL SERVICES EXPANSION; to plan, design, and construct expanded facilities located at 5600 Banner Drive, Fort Myers. The scope includes analyzing future needs of the department and current facilities to determine if expansion will meet the target needs. MANAGEMENT RECOMMENDATION: Staff recommends approval. (#20060315 – Construction & Design)
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ACTION REQUESTED/PURPOSE: To accept the Gates Foundation Global Libraries Program Grant in the amount of $42,000. Approve budget amendment resolution for unanticipated revenue of $42,000. WHAT ACTION ACCOMPLISHES: The budget amendment accepts $42,000 as unanticipated revenue. MANAGEMENT RECOMMENDATION: Approval (#20060263 – Library)
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ACTION REQUESTED/PURPOSE: Approve Agreement for Purchase and Sale of Real Estate in Lieu of Condemnation for Parcels 302 through 305F, Three Oaks Parkway South Extension Project No. 4043, in the amount of $1,482,000; authorize payment of costs to close and the Division of County Lands to handle and accept all documentation necessary to complete the acquisition. WHAT ACTION ACCOMPLISHES: Acquisition of properties required for the Three Oaks Parkway South Extension, No. 4043, without the necessity of an eminent domain action. MANAGEMENT RECOMMENDATION: Approve. (#20060299 – County Lands)
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ACTION REQUESTED/PURPOSE: Request the Board to approve the removal of account balances of contractual write-offs and uncollectible bad debt from both Emergency Medical Services primary ambulance billing vendor Advanced Data Processing Inc. (ADPI) and bad debt collection vendor Professional Adjustment Collection (PAC) accounts. The amounts to be written off: ADPI: $2,681,618.18 (FY 00-03) / PAC: $4,450,775.36 (FY 93-98). Total account balances to be removed from County records: $7,132,393.54 WHAT ACTION ACCOMPLISHES: The action reduces the accounts receivable balance to reflect “actual” anticipated revenue collections by the ambulance and bad debt billing vendors. MANAGEMENT RECOMMENDATION: Management recommends approval. (#20060064 – Public Safety)
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ACTION REQUESTED/PURPOSE: Approve an Interlocal Agreement between Lee County and North Ft. Myers Fire Control and Rescue District. WHAT ACTION ACCOMPLISHES: Creates a partnership with North Ft. Myers Fire Control and Rescue District to provide staff to operate emergency public shelter(s). MANAGEMENT RECOMMENDATION: Staff recommends Board approval. (#20060275 – Public Safety)
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ACTION REQUESTED/PURPOSE: Approve the award of Project # IT060315 to waive the formal quoting process – and accept three (3) quotes obtained on an informal basis – to allow Solid Waste to purchase two Mack tractor trucks. The trucks will be purchased from Steele Truck Center, Inc., at the competitively quoted best grand total price of $157,081.20. A waiver has been requested due to the urgent need for these trucks in Solid Waste’s day-to-day operations. WHAT ACTION ACCOMPLISHES: Provides Solid Waste with two additional tractor trucks for use in its ash hauling operations. MANAGEMENT RECOMMENDATION: Approve as stated. (#20060313 – Solid Waste)
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ACTION REQUESTED/PURPOSE: Approve Change Order No. 1 under RFQ-01-04 CONTINUING CONTRACT FOR CONSTRUCTION MANAGEMENT to Bundschu Kraft, Inc., Contract 1736, for the project known at TREELINE STREET LIGHTING in the amount of $255,535.00 (includes CM fee of $16,717.00) for additional work Also, authorize Chairwoman to execute Change Order on behalf of the Board. This Change Order was anticipated and funds are available. WHAT ACTION ACCOMPLISHES: Provides Lee County with a Construction Manager to complete the street lighting installation from Daniels to the airport entrance and install additional conduit for future needs under an ongoing construction project. MANAGEMENT RECOMMENDATION: Approval Recommended. (#20060217 – Transportation)
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ACTION REQUESTED/PURPOSE: Approve Supplemental Task Authorization No. 1, under CN-05-21 MISCELLANEOUS SURVEYING & MAPPING SERVICES, to DRMP, Inc., in the amount of $100,000.00 for Slater Road Sidewalk Improvements. Also authorize Chairwoman to execute STA’s on behalf of the Board. This STA was anticipated and funds are available. WHAT ACTION ACCOMPLISHES: Provides Lee County with an Engineer for a roadway survey, sidewalk plans, utility relocation plans and post-design services. MANAGEMENT RECOMMENDATION: Approval recommended. (#20060241 – Transportation)
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ACTION REQUESTED/PURPOSE: Approve an Amendment to the Second Joint Supplemental Interlocal Agreement between Lee County and the City of Bonita Springs under its Master Transportation Agreement related to the Imperial Street Four Lane Capital Improvement Project. WHAT ACTION ACCOMPLISHES: Allows County to enter into a modification of an existing Interlocal Agreement with the City of Bonita Springs to reflect the current funding program. MANAGEMENT RECOMMENDATION: Approve (#20060260 – Transportation)
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ACTION REQUESTED/PURPOSE: Grant after the fact approval for Emergency #EE060252, the repair of Lane 1 at the Cape Coral Toll Facility for the grand total not-to-exceed amount of $110,335 to the following vendors: XICO Inc./$700.00, Grainger Inc./$700.00, Alpha Manufacturing/$28,600, Cybertech Inc./$2,000, Neuro Logic Systems Inc./$3,500, Transcore /$74,150 and Gulf Coast Fire and Security Inc./$685. WHAT ACTION ACCOMPLISHES: Allowed the Cape Coral Toll Facility to restore Lane 1 and to get the traffic running smoothly again. MANAGEMENT RECOMMENDATION: Approve as stated. (#20060267 – Transportation)
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ACTION REQUESTED/PURPOSE: Allow the Department of Transportation to apply for a State Highway Safety Grant to purchase portable theater equipment and educational items in support of a Lee County Community Traffic Safety Team, Health Department, and Human Services Department safety and health educational program to reduce pedestrian and traffic crashes in vulnerable populations. Also, authorize the Chairwoman to sign cover letter in support of the application WHAT ACTION ACCOMPLISHES: Allows DOT to apply for a State Highway Safety Grant and authorizes Chairwoman to sign cover letter of support. MANAGEMENT RECOMMENDATION: (#20060312 – Transportation)
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ACTION REQUESTED/PURPOSE: Approve Change Order No. 7 to Montgomery Watson Harza, under CN-96-08 NORTH LEE COUNTY WATER TREATMENT FACILITIES in the amount of $200,000.00 for extension of Engineering Services during construction and project closeout assistance of the North Lee Water Treatment Plant. This change order also includes an increase in hourly rates for engineering fees. (Attachment – A attached) This project is in the CIP and funds are available within the budget. Also, authorize the Chairwoman to execute the change order. WHAT ACTION ACCOMPLISHES: Provides Lee County with necessary work to provide limited services during construction for the North Lee County Water Treatment Plant. This extension of the construction period for 180 calendar days will be the basis of this change order to the Consultant’s contract. MANAGEMENT RECOMMENDATION: Staff Does Not Recommend Approval. (#20060268 – Utilities)
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ACTION REQUESTED/PURPOSE: Approve Change Order No. 3 to Contract 2829, B-04-18 Green Meadows Chlorine System, in the amount of $82,595.00, and an increase in contract time of 200 days, for Westra Construction Corporation. Also, authorize Chairwoman to execute Change Order on behalf of the Board. This Change Order was anticipated and funds are available. WHAT ACTION ACCOMPLISHES: Provides Lee County with a contractor to perform additional work on the Green Meadows Chlorine System to include installation of seventeen (17) filter valve actuators, installation of four (4) butterfly valves, and installation of electrical control system for actuators. MANAGEMENT RECOMMENDATION: Staff Recommends Approval. (#20060271 – Utilities)
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ACTION REQUESTED/PURPOSE: Award B-06-10 RIVERDALE HIGH SCHOOL POOL RESURFACE to the sole bidder, meeting all bidding requirements, Aquamarine Swimming Pool Company, for a total lump sum amount of $168,851.00, with a project completion time of 60 calendar days. This project was anticipated and funds are available. WHAT ACTION ACCOMPLISHES: Provides Lee County with a pool contractor to resurface the swimming pool at Riverdale High School. MANAGEMENT RECOMMENDATION: Approval recommended. (#20060325 – Parks & Recreation)
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ACTION REQUESTED/PURPOSE: Approve the “Consent to Assign the Interlocal Agreement between Lee County and the City of Sanibel for Interim Library Funding to the Sanibel Public Library District”. Authorize Chairwoman’s signature on the Consent Form. WHAT ACTION ACCOMPLISHES: Board of County Commissioners’ approval is required to assign the rights and obligations of the City of Sanibel (under the Interlocal Agreement for interim library funding) to the Sanibel Public Library District. MANAGEMENT RECOMMENDATION: Consent to the Assignment. (#20060334 – County Attorney)
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ACTION REQUESTED/PURPOSE: Request that the Lee County Governmental Leasing Corporation authorize the President to execute (sign) tax returns for the year ended September 30, 2005. No funds are required. WHAT ACTION ACCOMPLISHES: Federal and state laws require that corporations file income tax and intangible tax returns. Signing the tax returns and filing them with the respective authorities will serve as compliance with federal and state laws. MANAGEMENT RECOMMENDATION: (#20060290 – 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- Arthur F. Waddington. 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 (#20060318-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- Lee County Solid Waste. 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 (#20060319-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- Sheldon R. Pike. 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 (#20060320-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- Fernando Pichardo. 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 (#20060321-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- Fernando Pichardo. 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 (#20060322-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- Elsie Ruth King Estes. 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 (#20060323-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- Robert & Sandra Carroll. 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 (#20060330-Clerk of Court)
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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 (#20060331-Clerk of Court)
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ACTION REQUESTED/PURPOSE: Present financial report for information purposes. WHAT ACTION ACCOMPLISHES: 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 Statutes, 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. 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 (#20060332-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 - Dorian Von Kaiser. 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 (#20060340-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- Lucinda Starrett. 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 (#20060341 - 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- Barbara Ann Evans. 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 (#20060342 - 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- Pablo & Teonila Milian. 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 (#20060324-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- I.R.S. 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 (#20060339-Clerk of Court)
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March 28, 2006
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ACTION REQUESTED/PURPOSE: Approve the Resolution of Necessity for the acquisition and condemnation of Parcels 201 and 202, required for the Three Oaks Parkway Widening, Project 4081. WHAT ACTION ACCOMPLISHES: Allows the County to proceed with condemnation, if necessary, so parcels can be acquired for the Three Oaks Parkway Widening, Project 4081. MANAGEMENT RECOMMENDATION: Approve (#20060274 – County Attorney)
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ACTION REQUESTED/PURPOSE: Approve settlement in Lee County v. West, et al., Case No. 03-4419-CA, Parcel 141/141D. WHAT ACTION ACCOMPLISHES: Settles all claims except expert fees for condemnation of parcels 141 and 141D. MANAGEMENT RECOMMENDATION: County Attorney’s office recommends approval. (#20060292 – County Attorney)
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ACTION REQUESTED/PURPOSE: Approve settlement in Lee County v. Idlette, et al., Case No. 03-3060-CA-I, parcel 140. WHAT ACTION ACCOMPLISHES: Settles all claims except expert fees for condemnation of parcel 140. MANAGEMENT RECOMMENDATION: County Attorney’s office recommends approval. (#20060293 – County Attorney)
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ACTION REQUESTED/PURPOSE: Release 1,110 sq. ft. of property owned by John and Sandra Arnold from utility easement to correct conflict in legal descriptions. WHAT ACTION ACCOMPLISHES: Lee County quitclaims any interest in a portion of the property not needed for the pipeline easement. MANAGEMENT RECOMMENDATION: County Attorney recommends quitclaim any interest in the property not needed for the pipeline easement. (#20060298 – County Attorney)
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ACTION REQUESTED/PURPOSE: Request Board not apply to the Florida Supreme Court to review decision in Gargano v. Lee County. WHAT ACTION ACCOMPLISHES: Allows case to be remanded to Circuit Court. MANAGEMENT RECOMMENDATION: Do not apply for Supreme court review. (#20060326 – County Attorney)
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March 28, 2006
Walk On |
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ACTION REQUESTED/PURPOSE:
WHAT ACTION ACCOMPLISHES:
MANAGEMENT RECOMMENDATION:
REASON FOR WALK ON:
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ACTION REQUESTED/PURPOSE: |
PUBLIC AGENDA
March 28, 2006
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5:00 PM |
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Public Hearing |
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ACTION REQUESTED/PURPOSE: Conduct a public hearing to approve a Resolution to create the Emily Lane Water/Sewer Municipal Service Benefit Unit and a Resolution to Reimburse. WHAT ACTION ACCOMPLISHES: Allows staff to set up a Municipal Taxing Benefit Unit to coordinate and manage a capital project to install a water and sewer system on Emily Lane. MANAGEMENT RECOMMENDATION: Approve (#20060245 – Public Resources)
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5:05 PM |
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Public Hearing |
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ACTION REQUESTED/PURPOSE: Conduct first public hearing on proposed amendments to Land Development Code (LDC) Chapter 2 pertaining to the Fire and EMS Impact Fee Update. After hearing, direct ordinance to second public hearing on April 11, 2006. WHAT ACTION ACCOMPLISHES: Public hearings are required under Florida Law. MANAGEMENT RECOMMENDATION: Allows for discussion and public input on proposed amendments (#20060234 - County Attorney)
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Public Hearing |
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ACTION REQUESTED/PURPOSE: Conduct first public hearing regarding an ordinance amending Lee County Land Development Code (LDC) Chapter 34 pertaining to resource recovery facilities; Direct the proposed ordinance to a second public hearing on April 11, 2006 at 5:05 p.m. in the Commission Chambers. WHAT ACTION ACCOMPLISHES: Satisfies the statutory requirement to hold two public hearings to amend the LDC. If adopted, this amendment will require the establishment of resource recovery facilities such as wood chipping and similar operations to be first reviewed and approved by the BOCC as part of a planned development. MANAGEMENT RECOMMENDATION: Approve. (#20060214 – County Attorney)
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Public Hearing |
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ACTION REQUESTED/PURPOSE: Conduct first public hearing regarding an ordinance amending Lee County Land Development Code (LDC) Chapter 3 pertaining to development blasting; Direct the proposed ordinance to a second public hearing on April 11, 2006 at 5:05 p.m. in the Commission Chambers. WHAT ACTION ACCOMPLISHES: Satisfies the Board policy to hold two public hearings to amend the LDC. If adopted, the proposed ordinance will serve to incorporate the recommendations of the Blasting Consultant and the Blasting Ad Hoc Committee into the LDC. MANAGEMENT RECOMMENDATION: Approve. (#20060316 – County Attorney)
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5:05 PM |
Public Presentation of Matters by Citizens |
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Adjourn |
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