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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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May 16, 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 in the Public Resources Office, 1st Floor, Administration Building
Additional information is available on the Internet at http://www.lee-county.com
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 Richard Cecil |
The Father’s House |
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Pledge of Allegiance |
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Presentations: |
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CP 1 |
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Emergency Medical Service Week – (#20060539 – Commissioner St. Cerny) |
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CP 2 |
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Fiesta Village Earl P. Phelps Award – (#20060570 – Commissioner Judah) |
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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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ACTION REQUESTED/PURPOSE:Presentation by David Bennett, The county’s Courts and Corrections Planning Consultant, on the status of efforts to efficiently manage jail population and defendants in the court system. (#20060568 – County Administration) |
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Adjourn |
May 16, 2006
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1. |
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ACTION REQUESTED/PURPOSE: Approve Resolution to initiate a Sister Region Partnership with the City of Yantai, Shandong Province, China. WHAT ACTION ACCOMPLISHES: Allows Lee County to join in a Sister Regional Partnership with the City of Yantai to build on the partnership with FGCU. MANAGEMENT RECOMMENDATION: Recommend Approval. (#20060541 – Economic Development)
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ACTION REQUESTED/PURPOSE: Approve Addendum to the Construction Manager Agreement, for RFQ-05-08 Justice Center Annex – 2nd Floor MDF Upgrade with Target Builders, Inc., to include the Guaranteed Maximum Price (GMP) in the amount of $138,170.00 (which includes the CM Fee of 10% or $12,550.00), with a project completion time of ninety (90) calendar days. Also request Board approve waiving of any 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. WHAT ACTION ACCOMPLISHES: For labor and materials for electrical upgrades to the existing MDF Room. This is for the installation of telecommunication equipment in the existing Justice Center Annex for the benefit of the downtown area. MANAGEMENT RECOMMENDATION: Staff recommends approval. (#20060533 – Construction & Design)
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ACTION REQUESTED/PURPOSE: Approve Addendum to the Construction Manager Agreement for RFQ-05-11 LEE COUNTY SHERIFF EVIDENCE FACILITY, Phase One Site Work, to Bundschu Kraft (Contract #3368) to include the Guaranteed Maximum Price (GMP) in the amount of $539,790.00 (includes 6.5% CM fee of $32,945.00). Additionally, 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 the suppliers of equipment and/or materials as a cost/time saving measure. Approve Resolution declaring intent of the County to reimburse itself from a future bond issue for expenses that will be spent in connection with the construction of the Evidence Facility as well as the expansion of the jail. Also approve budget transfer in the amount of $539,790 from Capital Improvement Fund reserves to the Evidence Facility project and amend FY 05/06 -09/10 CIP accordingly. WHAT ACTION ACCOMPLISHES: Provides Construction Management for the initial work required to clear and grub the property, place imported fill and compact, provide silt fence and stormwater protection. MANAGEMENT RECOMMENDATION: Staff recommends approval. (#20060534 – Construction & Design)
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ACTION REQUESTED/PURPOSE: 1) Approve submission of Lee County’s HUD Fiscal Year 2006 Homeless Continuum of Care and Supportive Housing applications; 2) Authorize Chairwoman to sign HUD Certifications, Forms, and HUD Consistency with Consolidated Plan Letters. WHAT ACTION ACCOMPLISHES: Allows Lee County to apply for funds to assist the county’s homeless. MANAGEMENT RECOMMENDATION: Staff recommends approval. (#20060588 – Human Services)
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ACTION REQUESTED/PURPOSE: Request Board approve Interlocal Agreement in the amount of $82,587.00 with the City of Fort Myers to retain Route 80 bus service. The route was retained during the FY06 budget process and the City agreed to fund 50% of the cost of the service located within the City of Fort Myers in the amount of $82,587.00, and Lee County funded $198,668, and farebox receipts of $8,629 for a total cost of service of 289,884. WHAT ACTION ACCOMPLISHES: Provides bus service from down town Fort Myers to Metro Parkway. MANAGEMENT RECOMMENDATION: Approval (#20051729 – LeeTran)
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ACTION REQUESTED/PURPOSE: Approve Purchase Agreement for acquisition of Parcel 40, Gladiolus Drive Widening, Project No. 4083, in the amount of $77,112; authorize the payment of fees and costs to close and the Division of County Lands to handle all documentation necessary to complete transaction. WHAT ACTION ACCOMPLISHES: Acquires property necessary for the widening of Gladiolus Drive and avoids condemnation proceedings. MANAGEMENT RECOMMENDATION: Approve (#20060513 – County Lands)
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ACTION REQUESTED/PURPOSE: Approve and execute First Amendment to Lease Agreement with Worthington Holdings Southwest, LLC, and accompanying Joinder Agreement with DP-TA Associates, LTD., for property currently leased by Lee County for proposed EMS Public Safety Facility on Treeline Avenue. WHAT ACTION ACCOMPLISHES: Board is required to authorize any amendment(s) to lease. MANAGEMENT RECOMMENDATION: Approve. (#20060566 – County Lands)
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ACTION REQUESTED/PURPOSE: Approve and authorize Chairwoman to sign Joint Project Agreement (JPA) and authorizing resolution with the Florida Department of Transportation for the Countywide Signal Retiming Project. WHAT ACTION ACCOMPLISHES: Allows the County to execute the agreement and proceed with the project. MANAGEMENT RECOMMENDATION: Approve. (#20060547 – Transportation)
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ACTION REQUESTED/PURPOSE: Approve Budget Amendment Resolution in the amount of $250,000 for project 406668 – LeeWay/Airport Parking to allow DOT to proceed with and to formalize an Agreement with the Lee County Port Authority (LCPA) for the interoperability requirements for LeeWay customers to charge their airport parking fees directly to their LeeWay account. Also, approve an SPA to TransCore in the amount of $90,000 to cover the costs of the necessary software modifications to the LeeWay system to allow LeeWay to operate the system for the LCPA. Amend FY05/06 – FY10/11 Capital Improvement Program. Chairwoman to execute Agreement on behalf of the Board upon receipt. WHAT ACTION ACCOMPLISHES: Allows DOT to proceed with setting up the business rules with the LCPA contractors to complete interoperability requirements for the parking at the Southwest Regional Airport. MANAGEMENT RECOMMENDATION: Approval recommended. (#20060557 – Transportation)
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ACTION REQUESTED/PURPOSE: Approve final acceptance, by Resolution and recording of one (1) Utility Easement, as a donation of one (1) 8’’ diameter fire line and one (1) 4’’ diameter water service serving Embassy Suites Hotel to provide potable water service and fire protection to this recently constructed hotel. This is a Developer Contributed asset project located on the northwest corner of I-75 and 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. (#20060401 – Utilities)
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ACTION REQUESTED/PURPOSE: Approve final acceptance by Resolution and recording of one (1) Utility Easement as a donation of a hydrant branch line, two (2) 4” diameter fire lines and two (2) fire hydrants to provide fire protection at a recently constructed commercial building located in Colonial Executive Centre, Lots 12 - 15. This is a developer contributed asset project located at the south side of Colonial Boulevard at Camino Real Way. WHAT ACTION ACCOMPLISHES: Places the fire lines and fire hydrants into operation and complies with the Lee County Utilities Operations Manual. MANAGEMENT RECOMMENDATION: Approval. (#20060416 – Utilities)
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ACTION REQUESTED/PURPOSE: Approve construction of a water distribution and gravity collection system serving The Shops at Estero Town Commons to provide potable water service, fire protection and sanitary sewer service to this proposed commercial subdivision center. This is a Developer Contributed asset project located at the southeast corner of Corkscrew Road and Three Oaks Parkway. 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. (#20060418 – Utilities)
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ACTION REQUESTED/PURPOSE: Request authorization to advertise for and conduct a Public Hearing on Tuesday, June 13, 2006, at 5:00 p.m., in Chambers to consider the adoption and execution of the proposed Emergency Shelters for Sexual Predators and Offenders Ordinance. WHAT ACTION ACCOMPLISHES: Sets the Public Hearing Date for Board to formally adopt Ordinance. MANAGEMENT RECOMMENDATION: Set Public Hearing date and time for Tuesday, June 13, 2006, at 5:00 p.m., to allow the process to go forward. (#20060528 – County Attorney)
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ACTION REQUESTED/PURPOSE: Request authorization to advertise for and conduct a Public Hearing on Tuesday, June 13, 2006, at 5:00 p.m., in Chambers to consider the adoption and execution of the proposed Ordinance repealing and replacing Lee County Ordinance No. 00-15, entitled, “The Lee County Well Code.” WHAT ACTION ACCOMPLISHES: Board to formally adopt Ordinance at a Public Hearing. MANAGEMENT RECOMMENDATION: Set Public Hearing date and time for Tuesday, June 13, 2006, at 5:00 p.m., to allow the process to go forward. (#20060562 – County Attorney)
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ACTION REQUESTED/PURPOSE: Approve Expenditures in the amount of $755,956.02 by the Lee County Sheriff’s Office Revenues for these expenditures were from various fees, services, etc. (see below) that were collected by the Sheriff’s Office during the period of 10/01/05 to 04/30/06. WHAT ACTION ACCOMPLISHES: Board approval is needed to expend funds collected. MANAGEMENT RECOMMENDATION: Enables Sheriff’s Office to offset expenditures. (#20060453 – Sheriff)
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ACTION REQUESTED/PURPOSE: Approve Expenditure of $450,068 from the Law Enforcement Trust fund #10500 and $38,500 of CLEAN forfeitures fund #10502. Approve transfer from Fund 10500 and 10502 reserves in like amounts. WHAT ACTION ACCOMPLISHES: Florida State Statute 932.7055 requires the Board of County Commissioners approval of expenditures from the Law Enforcement Trust Fund, which is funded by revenues from confiscated property. MANAGEMENT RECOMMENDATION: Approve (#20060471 – Sheriff)
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ACTION REQUESTED/PURPOSE: Increase the FY 05-06 budget of the Supervisor of Elections in the amount of $120,000. Authorize a transfer from General Fund Reserves accordingly. WHAT ACTION ACCOMPLISHES: Provide additional funding to the Lee County Supervisor of Elections due to unanticipated expenses resulting from ADA compliance mandated by the Federal Government. MANAGEMENT RECOMMENDATION: Approve (#20060546 – Supervisor of Elections)
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ACTION REQUESTED/PURPOSE: That the Board of County Commissioners accept the annual Lee County Financial Assistance Report (FAR). WHAT ACTION ACCOMPLISHES: Provides public notice of the availability of the Lee County Financial Assistance Report to the citizens of Lee County. MANAGEMENT RECOMMENDATION: Approve (#20060548 – 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 – Wilson. 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 (#20060554 – 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 – Head. 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 (#20060555 – 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 – Swearingen for Ricks. 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 (#20060556 – Clerk of Court)
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ACTION REQUESTED/PURPOSE: Request Board approves disbursements. The check and wire registers can be reviewed on the 3rd floor of the County Administration Building. Florida Statute Chapter 136.06 (1) requires that all County disbursements be recorded in the Minutes of the Board. WHAT ACTION ACCOMPLISHES: Compliance with the requirements of FS 136.06 (1) MANAGEMENT RECOMMENDATION: Approve (#20060559 – 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 – Wright. 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 (#20060560 – 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 Clerk of Court. 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 (#20060567 – 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 International Asset Locator for Sali. 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 (#20060576 – 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 – Ratushny. 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 (#20060578 – 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 – International Asset Locator for Colner. 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 (#20060579 – Clerk of Court)
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May 16, 2006
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ACTION REQUESTED/PURPOSE: Approve transfer from All Hazards Protection Fund 182 Reserves in the amount of $256,883.00 for the cost of enhancements to Oasis Charter Elementary School in the City of Cape Coral. The school will serve as a hurricane shelter for the City of Cape Coral and contribute to reducing the hurricane shelter deficit for the City and County. Also amend FY 05/06 All Hazards Protection Fund 182 budget accordingly. WHAT ACTION ACCOMPLISHES: Furnishes funding to cover the cost for installing an emergency generator at the Oasis Charter Elementary School. Board approval is required for any transfer from reserves. MANAGEMENT RECOMMENDATION: Staff recommends approval. (#20060527 – Public Safety)
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ACTION REQUESTED/PURPOSE: Approve the request to transfer the Solid Waste and Recycling Collection Franchise Contract (Lee Contract No. 3138) from Waste Services of Florida, Inc. to Waste Pro of Florida, Inc., and authorize the Chairwoman to sign the Authorizing Addendum upon receipt of all necessary documentation (insurance, bond, parent guaranty, etc.) WHAT ACTION ACCOMPLISHES: Allows acquisition of Waste Services of Florida, Inc. by Waste Pro of Florida, Inc., and authorizes Waste Pro of Florida, Inc. to assume all responsibility for the franchise collection contract. Transfer is expected to occur on June 1, 2006. MANAGEMENT RECOMMENDATION: Staff recommends approval of requested motion. (#20060536 – Public Works)
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ACTION REQUESTED/PURPOSE: Adopt a resolution amending the Deep Lagoon Marina DRI Development Order to increase the building height from 42 feet to 48 feet. WHAT ACTION ACCOMPLISHES: If the Resolution is adopted, it will serve to amend the Deep Lagoon Marina DRI Development Order, through an expedited process in accordance with Florida Statutes and the Lee County Land Development Code, to increase the building height from 42 feet to 48 feet. MANAGEMENT RECOMMENDATION: Approve (#20060421 – County Attorney)
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ACTION REQUESTED/PURPOSE: Approve the Resolution of Necessity for the acquisition and condemnation of a parcel required for the proposed Gator Slough Channel Improvement Project No. 8533. WHAT ACTION ACCOMPLISHES: Allows the County to proceed with condemnation, if necessary, so this parcel can be acquired for the Gator Slough Channel Improvement Project. MANAGEMENT RECOMMENDATION: Management recommends Board approve the Action Requested. (#20060537 – County Attorney)
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