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

August 15, 2006

9:30 AM

Invocation:

Pastor Kenneth McBeath

Harvest Ministries Church of God

Pledge of Allegiance

Presentations:

CP 1

·       

Community Health Center Week (#20061045 – Commissioner Janes)

CP 2

·       

Employee Length of Service Awards (#20060974 – Human Resources)

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

Appeals Agenda

Walk-ons and Carry-overs

Commissioners' Items/Committee Appointments

County Manager Items

County Attorney Items

Public Hearings

PH 1

ACTION REQUESTED/PURPOSE: 

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

12-foot wide Drainage Easement located at 4810 and 4830 Waycross Rd, Ft. Myers 

(Case No. VAC2006-00024) (S10-T44S-R25E) (#5). 

WHAT ACTION ACCOMPLISHES: 

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

MANAGEMENT RECOMMENDATION: 

Approve (#20060896 – Community Development)

Adjourn

1.

COUNTY ADMINISTRATION

(A)

ACTION REQUESTED/PURPOSE:

Present to the Board for information and filing the Object Code #504015 Expenditure Detail Report for the third quarter of FY05-06 (April through June 2006) as required by Lee County Ordinance #90-18.

WHAT ACTION ACCOMPLISHES:

Allows Board to monitor expenditures being made by County Departments and Divisions to this object code.

MANAGEMENT RECOMMENDATION:

Approve (#20060927 – County Administration)

(B)

ACTION REQUESTED/PURPOSE:

Approve $225,000 for the Southwest Florida Community Foundation to manage the funding on behalf of the Alliance of the Arts under the Tourist Development Council Attractions Marketing Program.

WHAT ACTION ACCOMPLISHES:

This Approval will allow the Visitor & Convention Bureau to distribute these funds, utilizing the current purchasing system.

MANAGEMENT RECOMMENDATION:

Non-Profit organization under the TDC Attractions Marketing Program will be able to advertise and promote local attractions to draw visitors to our area and to enhance their experience during their stay in Lee County (#20060976 – Visitor & Convention Bureau)

(C)

ACTION REQUESTED/PURPOSE:

Approve interlocal agreement between Lee County and the City of Sanibel for the construction of restrooms at the Sanibel Historic Village.  Authorize the Chairman’s signature on the interlocal agreement.  Approve budget amendment resolution and transfer in the amount of $45,000 and amend the CIP accordingly.  Transfer is from TDC debt service fund reserves.

WHAT ACTION ACCOMPLISHES:

Finalizes the Interlocal Agreement with the City of Sanibel and allocates funds accordingly.

MANAGEMENT RECOMMENDATION: 

Recommend Approval. (#20060977 – Visitor & Convention Bureau)

2.

CONSTRUCTION AND DESIGN

(A)

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 this 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)

(B)

ACTION REQUESTED/PURPOSE:

Approve Name change to the Construction Manager Agreement, for RFQ-05-08 Lee County Justice Center Hearing Rooms 9-12 & Judicial Spaces, to Lee County Justice Center 4^th Floor Interstitial Spaces Associated With Hearing Rooms 9-12 with Target Builders, Inc.

WHAT ACTION ACCOMPLISHES:

Correctly titles the name of this project for all parties involved.

MANAGEMENT RECOMMENDATION:

Staff recommends approval (#20060966 – Construction & Design)

(C)

ACTION REQUESTED/PURPOSE:

Approve Second Amendment to Lease with Richard Martin Fuller, Esquire, whose office is located at 2000 Main Street, Ft. Myers, FL, in the Justice Center Annex. Second Amendment is to extend his lease for an additional year or until December 31, 2007 and to add an early termination clause in the Lease. All other terms and conditions of the original lease and the First Amendment to the Lease will remain the same.

WHAT ACTION ACCOMPLISHES:

Allows for Lessee to extend his lease for an additional year and also allows for an early termination for both Lessee and Lessor.

MANAGEMENT RECOMMENDATION:
Approve (#20061031 – Construction & Design)
 

3.

4.

COMMUNITY DEVELOPMENT

(A)

ACTION REQUESTED/PURPOSE:

Execute a grant award with Renaissance Manor Inc. for $209,109 in 2005/2006 SHIP funds for the construction of 1 duplex (2 dwelling units) to house 6 persons with special needs.

WHAT ACTION ACCOMPLISHES:

Allows the county to enter into an agreement for the construction of affordable rental housing for persons with special needs due to mental illness or other special circumstance.

MANAGEMENT RECOMMENDATION:

Approve (#20060975 – Community Development)

(B)

ACTION REQUESTED/PURPOSE:

Authorize the following SHIP contract changes: 1) Cancel Contract C-3382 between the BoCC and Fleet Reserve Association Lehigh Development, Inc. (Fleet Reserve) for $150,000 in 2005/06 SHIP funds; 2) Issue a commitment letter to Fleet Reserve for $150,000 in 2007/08 SHIP funds for the construction of 100 units for the elderly and special needs households; and

3) Execute a grant award agreement between the BoCC and Southwest Florida GWI Housing X, Inc. (Goodwill) for $116,786 in 2005/06 SHIP funds for the construction of 14 apartments to house 19 persons with special needs.

WHAT ACTION ACCOMPLISHES:

Approval would allow adaptation to current economic conditions and timely expenditure of SHIP funds.

MANAGEMENT RECOMMENDATION:
Approve (#20061001 – Community Development)
 

5.

HUMAN SERVICES

(A)

ACTION REQUESTED/PURPOSE:

Approve and sign a contract agreement between Lee County Board of County Commissioners and Florida’s Department of Community Affairs for Lee County to receive $235,216 in Community Services Block Grant (CSBG) funds. This grant requires a 2% cash match ($4,705), which the Department has already budgeted in FY 06-07. Approve Budget Amendment Resolution in the amount of $235,216 of unanticipated revenue.

WHAT ACTION ACCOMPLISHES:

Provides $235,216 for case management, vocational training and supportive and emergency services to facilitate economic self-sufficiency for eligible Lee County households.

MANAGEMENT RECOMMENDATION: 

Enter into a contract with Florida’s Department of Community Affairs in order to receive CSBG funding. (#20061033 – Human Services)

6.

INDEPENDENT

(A)

ACTION REQUESTED/PURPOSE:

Authorize: 1) the Division of County Lands to make a binding offer to property owner in the amount of $191,000 for Parcels 102A, 102B, 102A-SE, 102B-SE, Corkscrew Road Service Area (CRSA) MSBU Road Widening Project No. 4723, pursuant to the Purchase Agreement; 2) the Division of County Lands to handle and accept all documentation necessary to complete transaction; 3) payment of costs to close.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner.

MANAGEMENT RECOMMENDATION:

Approve (#20060809 – County Lands)

(B)

ACTION REQUESTED/PURPOSE:

Approve award of Formal Quotation No. Q-060356 Annual Purchase of Vehicle Repair Parts for Fleet Management to NAPA Auto Parts, the quoter meeting specifications offering the largest overall discount as listed on the attached Lee County Tabulation Sheet.  The initial term of this quote is one year; also request authority to renew this quote for four additional one-year periods, at the same terms and conditions, if in the best interest of Lee County.  In the event that the low quoter is unable to establish the effectiveness of their product or service, request the Purchasing Director be given authority to act on behalf of the Board in the event of vendor non-compliance so that the Purchasing Director can proceed to the next qualified quoter(s).  Funding will be available from the individual department or division’s budget whom will be responsible for monitoring their individual expenditures.  Fleet estimates expending approximately $150,000 annually for vehicle repair parts. 

WHAT ACTION ACCOMPLISHES: 

Provides Fleet with a reliable source of vehicle repair parts for the continued maintenance and repair of County vehicles and equipment.

MANAGEMENT RECOMMENDATION: 

Approve as stated. (#20060863 – Fleet Management)

(C)

ACTION REQUESTED/PURPOSE: 

Approve an exchange of real property owned by Lee County identified as a portion of STRAP No. 36-47-25-B2-01049.0000 for property identified as Parcel 321, of Imperial Street Widening, Project No. 4060, pursuant to the Agreement for Exchange; authorize Chairwoman to execute all documents necessary to effectuate the exchange; authorize the Division of County Lands to handle all documentation necessary to complete the transaction; and approve payment of costs to close.

WHAT ACTION ACCOMPLISHES:

Authorizes an exchange of real property interests under §125.37, F.S.

MANAGEMENT RECOMMENDATION: 

Approve (#20061030 – County Lands)

(D)

ACTION REQUESTED/PURPOSE:

Approve LeeTran’s submittal of projects ranked for funding through FDOT’s Transportation Regional Incentive Program (TRIP), provide a resolution committing to the specified local match and authorize the Board Chair to execute the necessary documents upon award.

WHAT ACTION ACCOMPLISHES:

Allows for LeeTran to participate in funding opportunities offered by FDOT under the Transportation Regional Incentive Program, commits local funds upon award and execution of the necessary documents to receive the grant.

MANAGEMENT RECOMMENDATION:

Approve the actions requested. (#20060997 – Transit)

7.

PUBLIC SAFETY

(A)

ACTION REQUESTED/PURPOSE: 

Authorize Chairwoman to execute Modification to agreement with the Department of Community Affairs Contract #06DS-3W-09-46-01-325 to extend the agreement to

February 27, 2007.

WHAT ACTION ACCOMPLISHES: 

Provides additional time to complete scope of work.

MANAGEMENT RECOMMENDATION: 

Staff recommends approval. (#20060993 – Public Safety)

(B)

ACTION REQUESTED/PURPOSE: 

Authorize Chairwoman to execute Modification #3 to agreement with the Department of Community Affairs Contract #05DS-2N-09-46-01-105 to extend the agreement to

September 30, 2006.

WHAT ACTION ACCOMPLISHES: 

Provides additional time for Lee County to conduct homeland security related planning, training and exercise tasks. 

MANAGEMENT RECOMMENDATION: 

Staff requested extension and therefore recommends approval. (#20060994 – Public Safety)

(C)

ACTION REQUESTED/PURPOSE: 

Authorize chairwoman to execute an interlocal agreement with the City of Cape Coral to provide fire protection to the Burnt Store Fire Protection M.S.T.U.

WHAT ACTION ACCOMPLISHES: 

To continue fire protection services for Burnt Store Fire Protection M.S.T.U. and other unincorporated areas of Lee County.

MANAGEMENT RECOMMENDATION: 

Staff recommends approval. (#20061004 – Public Safety)

(D)

ACTION REQUESTED/PURPOSE: 

Approve Extension to Interlocal Agreement with the City of Fort Myers for Fire Protection and Prevention Services to the Maravilla MSTU and Naravez for the period beginning October 1, 2006 through September 30, 2007 in the amount of $93,877.  Funds are available.

WHAT ACTION ACCOMPLISHES: 

Continues fire protection services to the residents of Maravilla MSTU District by the City of Fort Myers Fire Department.

MANAGEMENT RECOMMENDATION: 

Staff recommends approval. (#20061005 – Public Safety)

8.

SOLID WASTE-NATURAL RESOURCES

(A)

ACTION REQUESTED/PURPOSE: 

Concur with the ranking of Consultants by the Competitive Negotiations Committee for CN-06-16 TMDL FOR THE CALOOSAHATCHEE RIVER, CHARLOTTE HARBOR AND THE EVERGLADES WEST COAST, and authorize contract negotiations to commence with both top-ranked firms:  Applied Technology & Management, Inc. and URS Corporation Southern.

WHAT ACTION ACCOMPLISHES: 

Provides Lee County with two Consultants to prepare basin management action plans for the Caloosahatchee River, Charlotte Harbor and the Everglades West Coast for TMDL compliance.

MANAGEMENT RECOMMENDATION: 

Approval recommended. (#20060933 – Natural Resources)

(B)

ACTION REQUESTED/PURPOSE:

Approve award of formal quotation (RFP B&R 2661-SC315) and issuance of a purchase order to Carter & Crawley, Inc, the low priced proposer, meeting all specification requirements for the Electrical Control Panel and the Auxiliary Control Panel in the amount of $99,783.00 plus an allowance of an additional $10,000 for additions/adjustments following receipt of finalized third party instrumentation to be inserted within these control panels.

WHAT ACTION ACCOMPLISHES:

Provides two of the necessary control panels for the Waste To Energy Expansion Project.

MANAGEMENT RECOMMENDATION: 

Staff recommends approval of this request. (#20060985 – Solid Waste)

(C)

ACTION REQUESTED/PURPOSE:

Approve an addition of $279,340.00 to Purchase Order No. 77421 to Delta Ducan Conveying Technology, for the purpose of adding a complete pneumatic conveying system including day tanks and controls for the ash conditioning equipment (WTE expansion project), as specified by the County’s design engineer.  Total price will now amount to $480,215.00.

WHAT ACTION ACCOMPLISHES: 

Provides change to PO 77421 reflecting the purchase of additional lime handling and control equipment.

MANAGEMENT RECOMMENDATION: 

Staff Recommends the action requested. (#20061021 – Solid Waste)

(D)

ACTION REQUESTED/PURPOSE: 

Approve Change Order No. 2 (under B-05-26 Gunnery Road Widening project) to Stevens & Layton, Inc. (Lee Contract #3426), in the amount of $5,887,925.85. 

WHAT ACTION ACCOMPLISHES: 

Provides Lee County with a Contractor to perform the construction of Church Rd. in Hendry County.

MANAGEMENT RECOMMENDATION: 

Approve the requested motion. (#20061035 – Solid Waste)

9.

TRANSPORTATION

(A)

ACTION REQUESTED/PURPOSE:

Approve the Construction Manager (CM) Agreement under RFQ-05-07, County-Wide Contract for Construction Management, for the project known as VES and Fiber Optics for Midpoint, to Compass Construction, Inc., Contract No. 3159, for a Guaranteed Maximum Price (GMP) of $937,918.00 (Includes CM Fee of $100,491.00),  with a total completion time of 112 days.  Also request 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.  Further authorize Chairwoman to execute the CM Agreement upon receipt.  This project was anticipated and funds are available.

WHAT ACTION ACCOMPLISHES:

Provides Lee County with a Construction Manager for the VES and Fiber Optics for Midpoint project that includes the installation of an engineered under bridge conduit system and fiber optics communications cable to support the Video Enforcement System (VES).

MANAGEMENT RECOMMENDATION:

Recommend Approval. (#20060959 – Transportation)

(B)

ACTION REQUESTED/PURPOSE: 

Concur with the ranking of Consultants by the Competitive Negotiations Committee for CN-06-14 ALICO CONNECTOR ROAD FROM ALICO ROAD TO SR 82 in the following order of ranking, and authorize contract negotiations to commence with the number one ranked firm:  (1) McMahon Transportation; (2) AIM Engineering & Surveying; and (3) Reynolds, Smith and Hills, Inc.

WHAT ACTION ACCOMPLISHES: 

Provides Lee County with a Consultant to study alternative corridors for a four-lane arterial roadway from Alico Road to State Road 82.

MANAGEMENT RECOMMENDATION: 

Approval recommended. (#20060962 – Transportation)

(C)

ACTION REQUESTED/PURPOSE: 

Concur with the ranking of Consultants by the Competitive Negotiations Committee for CN-06-15 U.S. 41 LANDSCAPE AND IRRIGATION PROJECT FROM CHARLOTTE COUNTY LINE TO LITTLETON ROAD AND FROM JAMAICA BAY TO CORKSCREW ROAD in the following order of ranking, and authorize contract negotiations to commence with the number one ranked firm:  (1) A. Gail Boorman & Associates; (2) Johnson Engineering; (3) McGee and Associates and (4) Vanasse Daylor.

WHAT ACTION ACCOMPLISHES:

Provides Lee County with a Consultant to provide base plan preparation, site analysis of existing features, adjacent land uses and potential irrigation water and power sources. Consultant shall prepare conceptual design, design development and construction documents as well as bidding and construction assistance.

MANAGEMENT RECOMMENDATION: 

Approval recommended. (#20060963 – Transportation)

(D)

ACTION REQUESTED/PURPOSE: 

Award Professional Services Agreement for CN-06-05 CORRIDOR ALIGNMENT STUDY FOR LUCKETT ROAD AND SUNSHINE BOULEVARD to Inwood Consulting Engineers, Inc.., in the not-to-exceed amount of $1,104,075.07.  Also, authorize Chairwoman to execute Agreement on behalf of the Board.  Also, approve transfer from District 23 Impact Fees in the amount of $1,305,000.00 and amend the FY 05/06-09/10 CIP accordingly.

WHAT ACTION ACCOMPLISHES: 

Provides Lee County with a Consultant to develop and study alternative corridors from I-75 to Joel Blvd. for both four and six lane alternatives and also study alignments to extend Sunshine Boulevard from the northern terminus to State Road 80.

MANAGEMENT RECOMMENDATION: 

Approval recommended. (#20060965 – Transportation)

10.

UTILITIES

(A)

ACTION REQUESTED/PURPOSE:

Approve construction of a water distribution and gravity collection systems serving Airport Technology Center to provide potable water service, fire protection and sanitary sewer service to this proposed commercial/industrial development. This is a Developer Contributed asset project located along the east side of Treeline Avenue South approximately ½ mile north of Alico 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. (#20060906 – Utilities)

(B)

ACTION REQUESTED/PURPOSE:

Approve final acceptance, by Resolution and recording of one (1) Utility Easement, as a donation of a water main extension and one (1) 6’’diameter fire line serving Micky Franklin’s Wholesale Tires and Wheels to provide fire protection to this existing commercial building addition. This is a Developer Contributed asset project located on the north side of Pondella Road approximately 500’ west of N. Cleveland Avenue (US 41).

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. (#20060915 – Utilities)

(C)

ACTION REQUESTED/PURPOSE:

Approve final acceptance, by Resolution and recording of two (2) Utility Easements, as a donation of one (1) 10’’ diameter fire line and one (1) 2’’ diameter water service serving Beasley Broadcasting, to provide potable water service and fire protection to this existing commercial building. This is a Developer Contributed asset project located on the south side of Estero Parkway approximately 700’ east of U.S. 41.

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. (#20060931 – Utilities)

(D)

ACTION REQUESTED/PURPOSE:

Approve award of Formal Quotation No. Q-060477 Annual Purchase of Sodium Hydroxide – 25% & 50% for Utilities, to the low quoter meeting specifications, Allied Universal Corp at the prices as listed on the attached Lee County Tabulation Sheet. The initial term of this quote is one year; also request authority to renew this quote for four additional one-year periods, at the same terms and conditions, if in the best interest of Lee County; and to exercise the price escalator clause as per the specifications on an as-needed basis. In the event that the low quoter is unable to establish the effectiveness of their product, request the Purchasing Director be given authority to act on behalf of the Board in the event of vendor non-compliance so that the Purchasing Director can proceed to the next low quoter(s).  Funding will be available from the individual department or division’s budget who will be responsible for monitoring their individual expenditures. Utilities estimates expending approximately $370,719 for the 50% and $31,500 for the 25% annually for sodium hydroxide. 

WHAT ACTION ACCOMPLISHES: 

Provides Utilities with a reliable source of sodium hydroxide to maintain its facilities throughout  Lee County.

MANAGEMENT RECOMMENDATION:

Approve as stated. (#20060932 – Utilities)

(E)

ACTION REQUESTED/PURPOSE:

Approve final acceptance, by Resolution as a donation of a water main and gravity main extension serving Cypress Lake Office Center to provide water service, fire protection and sanitary sewer service to four existing commercial buildings. This is a Developer Contributed asset project located on the south side of Cypress Lake Drive approximately ¼ mile east of McGregor Boulevard.

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. (#20060967 – Utilities)

(F)

ACTION REQUESTED/PURPOSE:

Approve final acceptance, by Resolution and recording of one (1) Utility Easement, as a donation of one (1) fire hydrant and two (2) water services serving Sonic Drive-In,  to provide potable water service and fire protection to this recently constructed restaurant. This is a Developer Contributed asset project located on the south side of Pine Island Road approximately 1,000’ east of U.S. 41 North.

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. (#20060968 – Utilities)

11.

PARKS AND RECREATION

(A)

ACTION REQUESTED/PURPOSE:  

Approve project # PB060546, the utilization (piggyback) of the Southwest Florida Water Management District (SFWMD) RFQ # OT040865, which has gone through their competitive bidding process, for the procurement of Ground Application Services for Exotic Plant Control, to be utilized by the Lee County Parks and Recreation Department.  The awarded vendor is Aquatic Vegetation Control Inc.  The current term of the contract runs for three years, from 10/1/05 to 9/30/08.  Request authority to continue to utilize this contract if renewed by the SFWMD at the end of the three-year period, if it is in the best interest of Lee County at that time.  For general information, the Parks and Recreation Department estimates spending approximately $300,000 during the next twelve months.  The majority of the expenditures for this service will be covered by grant funds.

WHAT ACTION ACCOMPLISHES:   

Provides an annual contract for ground application services for exotic plant control that can be ordered as needed by the Parks and Recreation Department.

MANAGEMENT RECOMMENDATION:   

Staff recommends approval. (#20060892 – Parks & Recreation)

(B)

ACTION REQUESTED/PURPOSE: 

Initiate Future Land Use Map (FLUM) amendments and rezonings for four Conservation 20/20 preserves (Pine Island Flatwoods, Spanish Creek Preserve, Gator Hole Preserve and Estero Marsh Preserve) per the Land Stewardship Plans.

WHAT ACTION ACCOMPLISHES: 

The FLUM amendments and rezonings will better reflect the property uses of the Conservation 20/20 parcels.

MANAGEMENT RECOMMENDATION: 

To direct the Division of Planning to amend the Future Land Use Map to Conservation Land (for Spanish Creek Preserve) and change zoning category to Environmentally Critical.

(#20060925 – Parks & Recreation)

(C)

ACTION REQUESTED/PURPOSE: 

Approve wastewater agreement with North Fort Myers Utility and allocate funding for 275 gallons per day for a total of $635.25 for Prairie Pines Preserve, a Conservation 20/20 preserve.

WHAT ACTION ACCOMPLISHES: 

Approves wastewater agreement and allocates funding for wastewater treatment at Prairie Pines Preserve.

MANAGEMENT RECOMMENDATION: 

Approve wastewater agreement and allocate funding. (#20060991 – Parks & Recreation)

12.

COUNTY ATTORNEY

(A)

ACTION REQUESTED/PURPOSE: 

Authorize Chairwoman to execute a County Deed for the purpose of correcting an erroneous Tax Deed and restoring title to the proper owner.

WHAT ACTION ACCOMPLISHES: 

Corrects erroneous Tax Deed and restores title of property to proper owner.

MANAGEMENT RECOMMENDATION: 

Approve (#20051029 – County Attorney)

13.

HEARING EXAMINER

14.

PORT AUTHORITY

15.

CONSTITUTIONAL OFFICERS

(A)

ACTION REQUESTED/PURPOSE:

Request Board approves disbursements for August 8, 2006. The check and wire registers can be reviewed on the 3^rd 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  (#20060992 – Clerk of Court)

(B)

ACTION REQUESTED/PURPOSE:

Request Board approves disbursements for August 15, 2006. The check and wire registers can be reviewed on the 3^rd 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  (#20060998 – Clerk of Court)

(C)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – Matt. 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  (#20061002 – Clerk of Court)

(D)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – Pudina. 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  (#20061008 – Clerk of Court)

(E)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – Natella. 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  (#20061009 – Clerk of Court)

(F)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – Fordu. 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  (#20061010 – Clerk of Court)

(G)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – Morrison. 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  (#20061011 – Clerk of Court)

(H)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – Butbul. 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  (#20061012 – Clerk of Court)

(I)

ACTION REQUESTED/PURPOSE:

File and record proof of publication in the minutes of the County Commissioners of Lee County. Required pursuant to Chapter 116.21, Florida Statutes.

WHAT ACTION ACCOMPLISHES:

Notifies criminal and civil cash bond depositors of unclaimed bond refunds held by the Clerk of Courts.

MANAGEMENT RECOMMENDATION:

Approve  (#20061014 – Clerk of Court)

(J)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – Matrix General, Inc. 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  (#20061036 – Clerk of Court)

(K)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – Matrix General, Inc. 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  (#20061037 – Clerk of Court)

(L)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – Maguire. 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  (#20061038 – Clerk of Court)

(M)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – Maguire. 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  (#20061039 – Clerk of Court)

(N)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – Thompson for McGoldrick. 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  (#20061040 – Clerk of Court)

(O)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – Estrada. 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  (#20061041 – Clerk of Court)

(P)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – Swearingen for Watson. 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  (#20061042 – Clerk of Court)

(Q)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – Pettis. 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  (#20061043 – Clerk of Court)

1.

COUNTY ADMINISTRATION

2.

CONSTRUCTION AND DESIGN

(A)

ACTION REQUESTED/PURPOSE:

Approve Purchase Agreement for the acquisition of the Wachovia Bank Building, located at 2201 Main Street (Building STRAP No. 13-44-24-P4-00406.0030) and 2050 Broadway (Parking Lot STRAP No. 24-44-24-P1-00900.0270), in the amount of $12,500,000 pursuant to the terms and conditions set forth in the Purchase Agreement.  Authorize the Division of County Lands to handle and accept all documentation necessary to complete this transaction and authorize payment of fees to close. Also approve a budget transfer and a resolution in the amount of $12,620,000 from General Reserves to Capital Improvement Fund for the Wachovia Building Purchase project (208832) and $50,000 from the General Fund Reserves to Wachovia Parking Lot Renovation project (408833). The Seller will escrow $180,000 for contamination clean-up at the 2201 Main Street site. In addition, approve four (4) part-time Parking Attendant positions, to staff these 2 newly acquired properties and provide relief coverage at Juror Lot.  All FY 05/06 position salary costs will be absorbed by existing budget for Facilities Management.

WHAT ACTION ACCOMPLISHES:

The purchase of the Wachovia Bank Building will provide office space for County’s and Constitutional officers’ staff.

MANAGEMENT RECOMMENDATION:

Approve (#20061015 – Construction & Design)

3.

COUNTY COMMISSIONERS

(A)

ACTION REQUESTED/PURPOSE:

Request Board direction on a locally sponsored environmental analysis of the DRGR lands east of the proposed Coconut Road/I-75 interchange.

WHAT ACTION ACCOMPLISHES:

Requests an environmental analysis of specified property.

MANAGEMENT RECOMMENDATION:

Approve (#20060845 – Commissioner Judah)

4.

COMMUNITY DEVELOPMENT

5.

HUMAN SERVICES

6.

INDEPENDENT

7.

PUBLIC SAFETY

8.

SOLID WASTE-NATURAL RESOURCES

9.

TRANSPORTATION

(A)

ACTION REQUESTED/PURPOSE:

Request Board approval for the closing of the Midpoint Memorial Bridge on Veterans Day, November 11, each year for the next four (4) years, 2007 through 2010, for the Veterans Day foot race from approximately 5:00 p.m. until approximately 9:00 p.m. except of those years where Veterans Day follows on a weekend in which the race would be held on the Saturday, Nov 10^th or 11^th with the closure from 7 a.m. until 11 p.m. (2006 and 2007). Add to request approval for the time of the closing for 2006 from a PM closure to an AM closure.

WHAT ACTION ACCOMPLISHES:

Board approval is required to close the bridge.

MANAGEMENT RECOMMENDATION:

Allows the citizens of Lee County to participate in the observance of Veterans Day through the 5K foot race across the bridge. (#20060996 – Transportation)

(B)

ACTION REQUESTED/PURPOSE:

Approve advancement from the General Fund Revolving Loan Program – Roads for up to $3,300,000 in FY 06/07 to the Bonita Beach Road (Old 41–Lime Street) right-of-way acquisition as a match to funds proposed to be provided by the City of Bonita Springs and include in proposed FY 06/07 Capital Improvement Program budget.

WHAT ACTION ACCOMPLISHES:

Provides $3,300,000 million to the Bonita Beach Road Phase II Project in Fiscal Year 06/07. If approved and with an equal amount from the City, right-of-way can be acquired next year. Currently it is not programmed in the 5 year CIP.

MANAGEMENT RECOMMENDATION:

Approve for the reasons stated.  (#20061027 – Transportation)

(C)

ACTION REQUESTED/PURPOSE:

Approve a loan from the General Fund Revolving Loan Program – Roads to advance $10,000,000 in FY 07/08 to FDOT for improvements to SR82 (Ortiz Avenue to Lee Boulevard) provided a Joint Participation Agreement is executed with FDOT for the reimbursement back to the loan program in FY 11/12 and include in proposed FY 06/07 Capital Improvemnet Program budget.

WHAT ACTION ACCOMPLISHES:

Advances $10 million to FDOT in FY 07/08 as part of a funding package for widening SR 82 between I-75 and Lee Boulevard.

MANAGEMENT RECOMMENDATION:

Recommend approval with the understanding that the commitment is full and void should FDOT not agree to reimburse the funds in FY 11/12.  (#20061028 – Transportation)

10.

UTILITIES

(A)

ACTION REQUESTED/PURPOSE:

Concur with the ranking of Proposers by the Qualification Selection Committee for RFP-06-01 GATEWAY WWTP EXPANSION PROJECT, in the following order of ranking, and authorize contract negotiations to commence with the number one ranked firm: (1) MWH; (2) Wharton-Smith Inc.; (3) Encore Construction Company; and (4) Earth Tech Consulting Inc., for an amount not-to-exceed (for design services, Phase II) of $1,700,000.00.  Additionally, 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 the suppliers of equipment and/or materials as a cost/time saving measure.

WHAT ACTION ACCOMPLISHES: 

Provides Lee County with a Design/Build team for the Gateway Wastewater Treatment Plant Expansion Project. The purpose of the proposed project is to expand the treatment capacity of the Gateway WWTP in two phases to at least 5.0 MGD with the ability to expand to 6.0 MGD in the future.  Phase-One includes the Construction Management of the plant expansion to 3.00 MGD in accordance to the plans and specifications prepared by TKW Consulting Engineers, INC.  Phase-Two includes the Design/Build of an additional 2.0 MGD capacity to the plant.  The conceptual design is already incorporated in the original design included in Phase-One.

MANAGEMENT RECOMMENDATION: 

Staff recommends approval. (#20060822 – Utilities)

11.

PARKS AND RECREATION

12.

COUNTY ATTORNEY

(A)

ACTION REQUESTED/PURPOSE: 

Authorize settlement in Lee County v. David Puopolo, et al., Case No. 06CA2640.

WHAT ACTION ACCOMPLISHES:

Settles all claims for compensation for condemnation of property, including attorneys fees and costs.

MANAGEMENT RECOMMENDATION: 

Approve settlement. (#20061022 – County Attorney)

13.

HEARING EXAMINER

14.

PORT AUTHORITY

15.

CONSTITUTIONAL OFFICERS

#1

ACTION REQUESTED/PURPOSE: 

Deny requested appeal of administrative determination of the Lee Plan under the Single Family Determination provision filed by Attorney Cody Vaughan-Birch (Henderson Franklin Law firm) on behalf of property owner Tom Munoz, Inc.

WHAT ACTION ACCOMPLISHES:

Upholds the determination by the Administrative Designee that the property owner is not entitled to a favorable Administrative Interpretation under the provision set forth in Lee Plan Chapter XIII to construct one single-family residence on the property that is the subject of the appeal.

MANAGEMENT RECOMMENDATION: 

Deny appeal.  Uphold decision of Administrative Designee.

(#20060905 – County Attorney) 

#1

Walk On

ACTION REQUESTED/PURPOSE:

Approve application to the Department of Community Affairs Disaster for the 2005 Disaster Recovery Initiative.  Lee County is eligible to receive up to $1,364,931.  

WHAT ACTION ACCOMPLISHES:

Application requires the signature of the Chair.

REASON FOR WALK-ON: 

Application must be received to the Department of Community Affairs by August 18, 2006.   (#20061071 – Human Services)