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

 

 

April 11, 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

 

9:30 AM

Invocation:

Pastor Jamie Westlake

Cypress Lake United Methodist Church

 

 

 

 

Pledge of Allegiance

 

 

 

 

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: 

Conduct a Public Hearing to adopt a Resolution on Petition to Vacate a portion of a 12-foot wide Drainage and Public Utility Easement located at 15131 and 15151 Flightline Ct. in Buckingham Air Park, Ft. Myers  (Case No. VAC2006-00006). (S15-T44S-R26E) (#5)

WHAT ACTION ACCOMPLISHES: 

To construct a single-family home and airplane hangar on the combined Lots.  The vacation of this easement will not alter existing drainage and utility conditions and the easement is not necessary to accommodate any future drainage and utility requirements.

MANAGEMENT RECOMMENDATION: 

Approve (#20060238 – Community Development)

 

 

Adjourn until 5:00 PM


CONSENT AGENDA

April 11, 2006

 

1.

COUNTY ADMINISTRATION

 

(A)

ACTION REQUESTED/PURPOSE:

Approve budget amendments to allocate excess fund balance and grant and operational carryovers as determined by the completion of the financial audit.  Also approve transfers to and from reserves, authorize interfund transfers, and amend the FY06-10 Capital Improvement Program.

WHAT ACTION ACCOMPLISHES:

To adjust budgeted fund balance to reflect actual balances.  Provides funds for unfinished contracts, equipment, and operational expenditures.

MANAGEMENT RECOMMENDATION:

(#20060351 – County Administration)

 

2.

CONSTRUCTION AND DESIGN

 

(A)

ACTION REQUESTED/PURPOSE:

Approve Addendum to the Construction Manager Agreement (Contract #3220) for the project known as RFQ-05-09 TEN MILE LINEAR PARK PHASE II, to Lodge Construction, Inc., with a Guaranteed Maximum Price of $1,643,109.00 (includes CM fee of $114,635.00 or 7.5%).  At this time it is being requested that the Board approve waiving of the formal process (if needed) and authorize the use of the Direct material Purchase Orders as provided for in the CM Agreement with Lee County, which allows the County to purchase directly from suppliers of equipment and/or materials as a cost/time saving measure. Also authorize Chairwoman to execute Addendum upon receipt. This project was in the CIP and funds are available within the budget.

WHAT ACTION ACCOMPLISHES:

Allows for the Construction Manager to provide Construction Management services for construction of bike path, pedestrian bridges, shelters and landscaping along the Ten Mile Canal between Daniels Parkway and Crystal Drive.

MANAGEMENT RECOMMENDATION: 

Staff recommends approval (#20060393 – Construction & Design)

 

 

(B)

ACTION REQUESTED/PURPOSE: 

Concur with the ranking of Consultants by the Competitive Negotiations Committee for CN-06-08 BUNCHE BEACH BIKE PATH in the following order of ranking, and authorize contract negotiations to commence with the number-one ranked firm: 1) LAND ARCHITECTURAL TECHNOLOGIES INC. 2) CES COMMUNITY ENGINEERING SERVICES, INC. and 3) INK ENGINEERING A DIVISION OF LBFH, INC. 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-06-08 BUNCH BEACH BIKE PATH to provide a safe corridor for pedestrians and bicycle riders on John Morris Road.

MANAGEMENT RECOMMENDATION

Staff recommends approval. (#20060396 – Construction & Design)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Approve award of Formal Quotation Q-060235, Janitorial Service for the Lee County Constitutional Complex for Facilities Management, to the overall low quoter meeting specifications, USSI, for the annual grand total price of $118,514.88 with CPI increases each year.  The initial term of the quote is for three years; also request authority to renew this quote for an additional two-year period, at the same terms and conditions, if in the best interest of Lee County.

WHAT ACTION ACCOMPLISHES:

Allows Facilities Management to provide reliable janitorial service

MANAGEMENT RECOMMENDATION:

Staff recommends approval. (#20060398 – Facilities Management)

 

3.

COUNTY COMMISSIONERS

4.

COMMUNITY DEVELOPMENT

5.

HUMAN SERVICES

6.

INDEPENDENT

 

(A)

ACTION REQUESTED/PURPOSE:

Approve and execute a public waterline utility easement to Greater Pine Island Water Association, Inc., for the Pine Island Waste Water Treatment Plant Project. Authorize Division of County Lands to handle all documentation necessary to complete the transaction.

WHAT ACTION ACCOMPLISHES:

Provides an easement for water service to the Pine Island Waste Water Treatment Plant.

MANAGEMENT RECOMMENDATION: 

Approve (#20060338 – County Lands)

 

 

(B)

ACTION REQUESTED/PURPOSE: 

Authorize:  1) the Division of County Lands to make a binding offer to property owner in the amount of $2,500 for Parcel 101UE, Corkscrew Road Water Treatment Plant Wellfield Expansion, Project No. 7097, pursuant to the Purchase Agreement; 2) the Division of County Lands to handle and accept all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner.

MANAGEMENT RECOMMENDATION: 

Approve. (#20060345 – County Lands)

 

7.

PUBLIC SAFETY

 

(A)

ACTION REQUESTED/PURPOSE: 

Adopt a resolution to approve changing a street name on a platted street: as recorded Imperial Street in Plat Book 3, Page 27 of Bonita Farms Subdivision, Plat Book 36, Page 73 of Imperial Oaks, Plat Book 68, Pages 39-40 of Imperial Bonita Plaza, OR 562, Pg 47 of Oak Creek Manor, Plat Book 17, Page 134 of Highland Estates & OR 59, Page 251 of Imperial Gates; to be changed to Imperial Parkway.

WHAT ACTION ACCOMPLISHES:

This name change will reflect the changes in realignment and extension of Imperial St for future to connection to Coconut Rd and Three Oaks Pkwy.

MANAGEMENT RECOMMENDATION: 

Staff recommends approval. (#20060381 – Public Safety)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

(A)

ACTION REQUESTED/PURPOSE: 

Award Professional Services Agreement for CN-05-07 CONTRACTED LAB SERVICES, to ELAB, Inc.; and Southern Analytical Laboratories for a period of two (2) years with the option of renewal for one (1) additional 12-month period. The estimated cost of the professional services for this project is $200,000.00 per year. Further authorize Chairwoman to execute the Professional Services Agreements.

WHAT ACTION ACCOMPLISHES: 

Consultants to provide professional services for the project known as Contracted Lab Services.  Project includes:  Providing analytical laboratory testing on a variety of samples matrices, provide sample containers and result submittal.  These tests are intended to provide compliance with various Federal, State and Local laws or ordinances.  This testing is to be performed in accordance with NELAC standards.

MANAGEMENT RECOMMENDATION:

Staff recommends approval  (#20060350 – Natural Resources)

 

9.

TRANSPORTATION

 

(A)

ACTION REQUESTED/PURPOSE: 

Approve Supplemental Task Authorization (STA) No. 9 under CN-00-04 MISCELLANEOUS CIVIL ENGINEERING DESIGN AND/OR INSPECTION SERVICES, to Hole Montes, Inc., for Imperial Street Additional Services in the amount of $105,930.00.  Also, authorize Chairwoman to execute STA on behalf of the Board.  This STA was anticipated and funds are available.

WHAT ACTION ACCOMPLISHES: 

Provides Lee County with a Consultant to for Final Right of Way Maps, Legal Descriptions and Parcel Sketches, Permit Applications and Revisions, Final Roadway and Bridge Plans and Final Signalization, Signing and Marking Plans for Imperial Street.

MANAGEMENT RECOMMENDATION: 

Approval Recommended. (20060346 – Transportation)

 

 

(B)

ACTION REQUESTED/PURPOSE: 

Approve STA No. 4, under CN-03-07 MISCELLANEOUS PROFESSIONAL SERVICES, to Bean, Whitaker, Lutz & Kareh, Inc., in the amount of $110,000.00 for the 12th Street Sidewalk project.  Also authorize Chairwoman to execute STA on behalf of the Board.  This STA was anticipated and funds are available.

WHAT ACTION ACCOMPLISHES: 

Provides Lee County with a Consultant to provide Roadway Survey, Roadway/Bridge Plans, Utility Relocation Plans and Post-Design Services for sidewalks located at the intersection of 12t Street West and Gunnery Road.

MANAGEMENT RECOMMENDATION: 

Approval recommended. (#20060347 – Transportation)

 

10.

UTILITIES

 

(A)

ACTION REQUESTED/PURPOSE:

Approve final acceptance by Resolution as a donation of one (1) 6” diameter fire line, one (1) fire hydrant and a force main extension to provide fire protection and sanitary sewer service to Riordan Plaza, a recently constructed commercial building.  This is a developer contributed asset project located at the south side of Summerlin Road approximately 500’ east of Pine Ridge Road.

WHAT ACTION ACCOMPLISHES:

Places the fire line, fire hydrant and force main into operation and complies with the Lee County Utilities Operations Manual.

MANAGEMENT RECOMMENDATION:

Approval. (#20060279 – Utilities)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Approve final acceptance, by Resolution and recording of utility easement, as a donation of water and gravity main extensions to provide potable water service, fire protection and sanitary sewer service to Sanibel Promenade, Phase 1A, a phased commercial development.  This is a developer contributed asset project located on the south side of Summerlin Road approximately 500 feet west of John Morris Road.

WHAT ACTION ACCOMPLISHES:

Places the water and gravity mains into operation and complies with the Lee County Utilities Operations Manual.

MANAGEMENT RECOMMENDATION:

Approval. (20060280 – Utilities)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Approve final acceptance, by Resolution and recording of one (1) Utility Easement, as a donation of one (1) 6” diameter fire line and one (1) 1.5’’ water service serving CVS @ The Villas Plaza to provide potable water service and fire protection to this recently constructed commercial building This is a Developer Contributed asset project located at the southeast corner of US 41 and Crystal Drive.

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. (#20060281 – Utilities)

 

 

(D)

ACTION REQUESTED/PURPOSE:

Approve final acceptance, by Resolution and recording of one (1) Utility Easement, as a donation of one (1) 6’’ diameter fire line, one (1) fire hydrant, one (1) 1-1/2’’ diameter water service and one (1) 4’’ diameter force main connection to provide potable water service, fire protection and sanitary sewer service to The Church of Jesus Christ of Latter Day Saints a/k/a Bonita Springs Ward, a recently constructed place of worship. This is a Developer Contributed asset project located on the east side of Three Oaks Parkway approximately 1 mile north of Corkscrew Road.

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. (#20060282 – Utilities)

 

11.

PARKS AND RECREATION

12.

COUNTY ATTORNEY

13.

HEARING EXAMINER

14.

PORT AUTHORITY

15.

CONSTITUTIONAL OFFICERS

 

(A)

ACTION REQUESTED/PURPOSE:

Present to the Board of County Commissioners the Independent Auditors’ Management Letter for the fiscal year ended September 30, 2005.

WHAT ACTION ACCOMPLISHES:

Compliance with Chapter 10.550, “Rules of the Auditor General – Local Governmental Entity Audits”, and Section 218.391, Florida Statutes.

MANAGEMENT RECOMMENDATION:

(#20060400 – Clerk of Court)

 

 

(B)

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  (#20060407-Clerk of Court)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant- Betty Lou Moore.  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  (#20060408-Clerk of Court)

 

 

(D)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant-James H. Butler.  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  (#20060409-Clerk of Court)

 

 

ADMINISTRATIVE AGENDA

April 11, 2006

 

1.

COUNTY ADMINISTRATION

 

(A)

ACTION REQUESTED/PURPOSE:

Authorize the Chairwoman or Vice Chairman to sign a resolution for the authorization, execution and delivery of a Bond Purchase Agreement that meets certain specific criteria in connection with the Solid Waste Revenue & Refunding Bonds, Series 2006A & B.   Authorize other approvals as necessary contained in this resolution.  Allows greater flexibility in marketing the Solid Waste Revenue & Refunding Bonds, Series 2006A & B.

WHAT ACTION ACCOMPLISHES:

Allows the Bond Purchase Agreement to be signed (if the bonds are sold) without reconvening the Board of County Commissioners.

MANAGEMENT RECOMMENDATION:

Approve (#20060301 – County Administration)

 

2.

CONSTRUCTION AND DESIGN

3.

COUNTY COMMISSIONERS

4.

COMMUNITY DEVELOPMENT

 

(A)

ACTION REQUESTED/PURPOSE:

Initiate, in the current round of Lee Plan amendments, a Board of County Commissioner sponsored amendment to Goal 13, Captiva.

WHAT ACTION ACCOMPLISHES:

Provides a one time exception to the September 30, 2005 deadline to allow an amendment to Goal 13 of the Lee Plan to proceed in the 2005-2006 comprehensive plan amendment cycle.

MANAGEMENT RECOMMENDATION:

Approval. (#20060395 – 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

13.

HEARING EXAMINER

14.

PORT AUTHORITY

15.

CONSTITUTIONAL OFFICERS


WALK ON AGENDA

April 11, 2006
 

#1

Walk On

 

ACTION REQUESTED/PURPOSE:
Authorize Lee County Sheriff’s Office (LCSO) to submit application requesting funding through Bulletproof Vest Partnership grant issued by the Bureau of Justice Assistance. Also, sign the Designee Authorization form for the grant file.
WHAT ACTION ACCOMPLISHES:
Federal regulations controlling the grant require authorization for application from the Board of County Commissioners. Authorization affords the LCSO the opportunity to procure bulletproof vests with grant funds.
MANAGEMENT RECOMMENDATION:
Approve
REASON FOR WALK ON
The deadline to apply for the funds is April 18, 2006.  (#20060425 – Sheriff)
 

#2

Walk On
 

ACTION REQUESTED/PURPOSE: 
Adopt a Resolution approving the issuance of Lee County Industrial Development Authority Private Activity Variable Rate Demand Revenue Bonds, Series 2006 for the benefit of Canterbury School, Inc., in an initial aggregate principal amount not to exceed $20,500,000.00 for the primary purposes of (i) refinancing certain indebtedness, (ii) financing the cost of construction and equipping of a new high school complex, a new pool, fields, parking, roads and ancillary facilities, located at 8141 College Parkway,  Fort Myers, Florida in Lee County, Florida (the “Project”), and (iii) financing costs associated with the issuance of the Series 2006 Bonds.  A copy of the Authority Resolution is attached hereto as Exhibit A.
WHAT ACTION ACCOMPLISHES:   
Provides Board consideration of proposed Industrial Development Authority Bonds as required by the Internal Revenue Code and Florida Statutes.  Board approval will authorize and adopt the approving Bond Issuance Resolution.
MANAGEMENT RECOMMENDATION:  
Adopt Resolution approving the issuance of Lee County Industrial Development Authority Private Activity Variable Rate Demand Revenue Bonds, Series 2006.
REASON FOR WALK ON
The IDA’s bond counsel is scheduled to close on the bonds April 14, 2006, and needs the County Commission’s statutory approval.  (#20060427 – County Attorney)
 

#3

Walk On
 

ACTION REQUESTED/PURPOSE:
Approve the transfer of property located at 8152 Hart Drive and 8153 Suncoast Drive, North Fort Myers to Suncoast Neighborhood Task Force, Inc. with Deed Restrictions requiring the property be utilized for the Suncoast Neighborhood Community Center.  Authorize County Lands to complete all necessary paperwork required to complete the transfer of the property to the Suncoast Neighborhood Task Force.
WHAT ACTION ACCOMPLISHES:
Transfers the property from Lee County to Suncoast Neighborhood Task Force for the development of a Community Center and allows the Department of Human Services and the Suncoast Neighborhood Task Force, Inc. to implement relocation of a tenant on the property.
MANAGEMENT RECOMMENDATION: 
Approve the item
REASON FOR WALK ON
County Lands is closing on the property April 12, 2006 and ownership needs to be transferred to the Suncoast Neighborhood Task Force, Inc.  (#20060438 – Human Services)
 

#4

Walk On
 

ACTION REQUESTED/PURPOSE:
Confirm and accept for both filing and the Clerk’s Minutes purposes, Lee County Resolution Number 06-04-12 relating to the Declaration of Local Emergency Order as adopted by Lee County on Monday, April 10, 2006, relating to the proposed march.
WHAT ACTION ACCOMPLISHES:
Provides both a Board meeting confirmation and scheduling document for the filing of Emergency Resolutions adopted by the Board.
MANAGEMENT RECOMMENDATION: 
Recommend approval of the Emergency Resolution at a Board meeting facilitating the filing of same with the Minutes Department of the Board.
REASON FOR WALK ON
Emergency Resolution (#20060456 – County Attorney)
 


PUBLIC AGENDA

April 11, 2006

 

5:00 PM

#1

Public Hearing

 

ACTION REQUESTED/PURPOSE: 

Conduct a TEFRA public Hearing on Tuesday, April 11, 2006 at 5:00 p.m., and adopt a County Resolution approving the proposed Project and the issuance of Lee County Tax-Exempt Revenue Bonds for the construction of the Third Combustion Unit for the Lee County Waste to Energy Facility (WTE).

WHAT ACTION ACCOMPLISHES: 

A public TEFRA hearing is necessary prior to the issuance of tax-exempt bonds to finance the construction of the Third Combustion Unit for the Lee County WTE per Section 127(f) of the Internal Revenue code.

MANAGEMENT RECOMMENDATION: 

Approve the adoption of the Resolution. (#20060306 – Solid Waste)

 

 

5:05 PM

 

#1

Public Hearing

 

 
ACTION REQUESTED/PURPOSE:
Conduct second public hearing on proposed amendments to Land Development Code (LDC) Chapter 2 pertaining to the Fire and EMS Impact Fee Update.
WHAT ACTION ACCOMPLISHES:
Public hearings are required under Florida Law.
MANAGEMENT RECOMMENDATION: 
Allows for discussion and public input on proposed amendments. (#20060380 -  County Attorney) 

 

#2

Public Hearing

 

 

ACTION REQUESTED/PURPOSE: 

Adopt an ordinance amending Lee County Land Development Code (LDC) Chapter 34 pertaining to resource recovery facilities.

WHAT ACTION ACCOMPLISHES: 

Satisfies the Board policy 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. (#20060403 – County Attorney)

 

 

#3

Public Hearing

 

 

ACTION REQUESTED/PURPOSE: 

Adopt an ordinance amending Lee County Land Development Code (LDC) Chapter 3 pertaining to development blasting. 

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. (#20060404 – County Attorney)

 

 

 

Adjourn