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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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October 10, 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 Becky Robbins-Penniman |
Lamb of God Lutheran Church |
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Pledge of Allegiance |
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Presentations: |
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CP 1 |
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Ceremonial Resolution recognizing White Cane Awareness Day (#20061262 – 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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Adjourn until 5:00 PM |
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October 10, 2006
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1. |
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ACTION REQUESTED/PURPOSE: Adopt FY 06-07 Board of County Commissioners Goals and County Manager Objectives. WHAT ACTION ACCOMPLISHES: Provides strategic focus to County operations, funding and services; and serves as a basis for accountability in accomplishing tasks throughout the County organization. MANAGEMENT RECOMMENDATION: Approve. (#20061311 – County Administration)
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ACTION REQUESTED/PURPOSE: Approve Addendum to the Construction Manager Agreement under RFQ-05-07 COUNTY-WIDE CONTRACT FOR CONSTRUCTION MANAGEMENT, for the project known as Hough Street Warehouse Re-Roof, to Karr Group, Inc. d/b/a Casey Construction, for a Guaranteed Maximum Price (GMP) of $290,947.66 (includes CM fee of $22,782.45). Also request 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. Authorize Chairwoman to execute Addendum upon receipt. WHAT ACTION ACCOMPLISHES: Provides Lee County with a Construction Manager to re-roof the Hough Street Warehouse. MANAGEMENT RECOMMENDATION: Approval Recommended. (#20061270 – Construction & Design)
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ACTION REQUESTED/PURPOSE: Approve Addendum to the Construction Manager Agreement, for RFQ-05-08 Justice Center 5th Floor Corridor Renovations, with Target Builders, Inc., to include the Guaranteed Maximum Price (GMP) in the amount of $497,224.00 (which includes the CM Fee of 7.5% or $37,201.00), with a project completion time of five (5) months. 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. Further authorize Chairwoman to execute the Addendum upon receipt. WHAT ACTION ACCOMPLISHES: For work to be performed in the 5th floor corridor - to include but not limited to; removal of existing ceiling system, light fixtures, installation of new grid system, acoustical ceiling system, sprinkler heads, carpeting, clean up and supervision. MANAGEMENT RECOMMENDATION: Staff recommends approval (#20061273 – Construction & Design)
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ACTION REQUESTED/PURPOSE: Concur with the ranking of Consultants by the Competitive Negotiations Committee for CN-06-18 EMS HANGAR FACILITIES AT PAGE FIELD, and authorize contract negotiations to commence with the number one ranked firm. The ranking was: (1) Odle, McGuire & Shook (OMS) and (2) Avalon Engineering, Inc. WHAT ACTION ACCOMPLISHES: Provides Lee County with a Consultant to design and construct a 15,000 s.f. EMS Helicopter Hangar at Page Field. MANAGEMENT RECOMMENDATION: Approval recommended. (#20061280 – Construction & Design)
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ACTION REQUESTED/PURPOSE: Approve revised Bald Eagle Management Plan with one condition for Nests LE-40 and LE-40A for the residential development known as Oasis Key as supplemented and recommended by Eagle Technical Eagle Advisory Committee (ETAC) and Lee County Environmental Sciences staff. WHAT ACTION ACCOMPLISHES: Board approval is required to accept a Southern Bald Eagle management plant under the County’s Eagle Protection Ordinance. MANAGEMENT RECOMMENDATION: Approve Bald Eagle Management Plan with ETAC condition for the residential development known as Oasis Key. (#20061239 – Community Development)
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ACTION REQUESTED/PURPOSE: To approve budget amendment resolution in the amount of $5,000 awarded to Lee County From the U.S. Department of Labor. WHAT ACTION ACCOMPLISHES: Provides funds for a one day Stand Down event to increase homeless awareness and to provide outreach and social services to homeless persons in Lee County. MANAGEMENT RECOMMENDATION: Approve budget amendment resolution. (#20061301 – Human Services)
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ACTION REQUESTED/PURPOSE: Approve the Local Neighborhood District Committee (LNDC) Revitalization Plans for Charleston Park, Harlem Heights, Page Park, Palmona Park, Pine Manor and Suncoast Estates dated 2006 - 2007. WHAT ACTION ACCOMPLISHES: Allows the six (6) LNDCs to revitalize their neighborhoods according to the objectives and strategies outlined in the Revitalization Plans. MANAGEMENT RECOMMENDATION: Staff recommends approval. (#20061302 – Human Services)
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ACTION REQUESTED/PURPOSE: Authorize: (1) approval of property identified as Lot 15, Block 1, Page Park, Plat Book 8, Page 92, Lee County, Florida, aka STRAP #12-45-24-01-0000I .0150 consisting of .45 acres located at 301 Center Road, Fort Myers, as surplus; (2) donation to a qualified and approved not for profit housing organization or corporation; (3) Department of Human Services, Housing Services Department jurisdiction of the property to add to other properties and issue a Request for Proposals to not for profit housing organizations or corporations to create a small scattered site housing development for housing for Persons with Disabilities; (4) County Lands to handle and accept all documentation necessary to complete the transaction. WHAT ACTION ACCOMPLISHES: Declares property surplus and allows Housing Services Department to find not for profit housing developer to develop the project for Persons with Disabilities. MANAGEMENT RECOMMENDATION: Approve (#20061208 – County Lands)
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ACTION REQUESTED/PURPOSE: Request Board approve Interlocal Agreement in the amount of $189,081 with the City of Bonita Springs for bus service in Bonita Springs. This service was budgeted during the FY07 budget process and the City will share 50% of the cost of the service located within the City of Bonita Springs in the amount of $189,081 and Lee County Transit will fund $244,230 for a total cost of $433,311. WHAT ACTION ACCOMPLISHES: Provides bus service from San Carlos Park to Bonita Springs. MANAGEMENT RECOMMENDATION: Approval (#20061258 – Transit)
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ACTION REQUESTED/PURPOSE: Request Board approve Lease Agreement in the amount of $20,000 with Equity One (Summerlin, Inc.) for a vacant parcel of land adjacent to Summerlin Square Shopping Center to be used for a Park and Ride to Ft. Myers Beach. from January 1, 2007 through April 30, 2007. WHAT ACTION ACCOMPLISHES: Provides a place for passengers to park and ride the trolley to Ft. Myers Beach during tourist season. MANAGEMENT RECOMMENDATION: Approve lease agreement. (#20061269 – Transit)
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ACTION REQUESTED/PURPOSE: Award B-06-27 GASPARILLA ISLAND REMOVAL OF DERELICT STRUCTURES AND BEACH NOURISHMENT, for the Division of Natural Resources, to the lowest responsive, responsible bidder meeting all bidding requirements; Weeks Marine, Inc. for the lump sum amount of $11,224,500. This contract is for a period of one hundred and fifty (150) days for final completion. Authorize Chairwoman to execute the contract upon receipt. Also approve budget amendment resolution in the amount of $1,002,850 for FDEP State Grant 99LE1 and approve a transfer from the Beach Renourishment Trust Fund Project to the Gasparilla Island Beach Renourishment Project for $725,539 for the County’s increased allocation of expenses. WHAT ACTION ACCOMPLISHES: Provides Lee County with a contractor to remove derelict structures and provide beach nourishment for Gasparilla Island and provides sufficient funding to complete project. MANAGEMENT RECOMMENDATION: Staff recommends approval. (#20061246 – Natural Resources)
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ACTION REQUESTED/PURPOSE: Adopt Resolution requesting funding for Fiscal Year 2007-2008 from the State of Florida Department of Environmental Protection Beach Erosion Control Program. The resolution is required along with the Lee County Long Range Beach Erosion Control Budget Plan to obtain State cost share eligibility. WHAT ACTION ACCOMPLISHES: Enables the County to qualify for State assistance for beach erosion control projects MANAGEMENT RECOMMENDATION: Approve (#20061274 – Natural Resources)
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ACTION REQUESTED/PURPOSE: Award B-06-34 TRANSPORT OF NON-HAZARDOUS LEACHATE, for the Solid Waste Division, to the lowest responsive, responsible bidder meeting all bidding requirements; Karle Enviro-Organic Recycling, for the lump sum amounts of $6.30/ton for transport to Commerce Park and $6.30/ton for transport to the Immokalee WWTP. This contract is for a period of two (2) years with two (2) one (1) year renewal options. Authorize Chairwoman to execute the contract upon receipt. WHAT ACTION ACCOMPLISHES: Provides Lee County with a hauler for the transport of non-hazardous leachate. MANAGEMENT RECOMMENDATION: Staff recommends approval. (#20061281 – Solid Waste)
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ACTION REQUESTED/PURPOSE: Execute Amendment No. 5 to the Florida Department of Environmental Protection (DEP) agreement 99LE1 which stipulates the reimbursement criteria from the DEP for work conducted on the Lee County Shore Protection Project. No additional funding is required. WHAT ACTION ACCOMPLISHES: The current contract with the DEP expired on August 1, 2006, and monitoring costs are not consistent with those represented in the Agreement. MANAGEMENT RECOMMENDATION: Executing Amendment No. 5 extends the contract period to September 30, 2007 and amends the project cost to reflect current estimates. (#20061285 – Natural Resources)
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ACTION REQUESTED/PURPOSE: Concur with the ranking of Consultants by the Competitive Negotiations Committee for CN-06-17 HOMESTEAD ROAD FROM SUNRISE BOULEVARD TO ALABAMA ROAD WIDENING DESIGN, in the following order of ranking and authorize contract negotiations with the number one ranked firm: (1) HDR Engineering, Inc.; (2) Dyer, Riddle, Mills & Precourt, Inc.; and (3) Stanley Consultants, Inc. WHAT ACTION ACCOMPLISHES: Provides Lee County with a Consultant to develop the alignment/ right-of-way requirements and roadway design plans to widen Homestead Road to a four lane roadway (expandable to six) from South of Sunrise Blvd. to North of Alabama Road. MANAGEMENT RECOMMENDATION: Approval recommended. (#20061259 – Transportation)
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ACTION REQUESTED/PURPOSE: Authorize Chairwoman, on behalf of the BOCC, to execute and approve recording of the “Agreement for the Delivery and Use of Reclaimed Effluent Water” between Lee County and Island Acres Association, Inc. The property is located on Stringfellow Road at Island Acres Court, between St. James City and the Pine Island Center. WHAT ACTION ACCOMPLISHES: Provides for disposal of effluent from the Pine Island Wastewater Treatment Plant. MANAGEMENT RECOMMENDATION: Approval. (#20061251 – Utilities)
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ACTION REQUESTED/PURPOSE: Approve the Automobile Lease between Administrative Office of the Courts of the Twentieth Judicial Circuit and Lee County. WHAT ACTION ACCOMPLISHES: Supplements Interlocal Agreement between the Administrative Office of the Courts and Lee County relating to the leasing of county-owned vehicles. MANAGEMENT RECOMMENDATION: Approve Automobile Lease. (#20061216 – County Attorney)
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ACTION REQUESTED/PURPOSE: Direct an ordinance creating the Oak Creek Community Development District to public hearing on November 14, 2006 at 9:30 a.m. WHAT ACTION ACCOMPLISHES: Allows response to EH/Transeastern, LLC’s petitioned request to establish the Oak Creek Community Development District by providing a forum to evaluate the appropriateness of the request. If adopted, the ordinance will create an independent Special District capable of financing and servicing the basic services within the District boundary. MANAGEMENT RECOMMENDATION: Approve (#20061255 – County Attorney)
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ACTION REQUESTED/PURPOSE: Direct a non-emergency ordinance creating the Portofino Springs Community Development District to public hearing on November 14, 2006 at 9:30 a.m. WHAT ACTION ACCOMPLISHES: Allows response to Prime Homes at Portofino Springs’ petition by providing a forum to evaluate the appropriateness of the request. If adopted, the ordinance will create an independent Special District capable of financing and servicing the basic services within the District boundary. MANAGEMENT RECOMMENDATION: Approve (#20061260 – County Attorney)
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ACTION REQUESTED/PURPOSE: Direct a non-emergency ordinance creating the Portofino Vineyards Community Development District to public hearing on November 14, 2006 at 9:30 a.m. WHAT ACTION ACCOMPLISHES: Allows response to Prime Homes at Portofino Vineyards, Ltd.’s petition by providing a forum to evaluate the appropriateness of the request. If adopted, the ordinance will create an independent Special District capable of financing and servicing the basic services within the District boundary. MANAGEMENT RECOMMENDATION: Approve (#20061261 – County Attorney)
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ACTION REQUESTED/PURPOSE: Schedule public hearings to amend the Lee County Land Development Code (LDC) to: a) amend the description and sketch for the Dunbar Enterprise Zone to reflect the renaming and expanded boundaries of the Fort Myers/Lee County Enterprise Zone; and, b) to amend all references to the Dunbar Enterprise Zone throughout the LDC. Waive committee review of the proposed amendments in order to expedite adoption process. WHAT ACTION ACCOMPLISHES: a) Updates name and description of the Dunbar Enterprise Zone to the Fort Myers/Lee County Enterprise Zone; b) replaces all references to the Dunbar Enterprise Zone with the renamed Fort Myers/Lee County Enterprise Zone; and, c) allows for exemptions from roads, regional parks, community parks, and fire/EMS impact fees for residential development within the expanded boundaries of the Fort Myers/Lee County Enterprise Zone. MANAGEMENT RECOMMENDATION: a) Direct to two public hearings on October 24, 2006, and November 14, 2006, at 5:05 p.m., and, b) waive committee review. (#20061284 – County Attorney)
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ACTION REQUESTED/PURPOSE: Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – Hollman. 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 (#20061287 – 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 – Pelletier and Papania. 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 (#20061288 – 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 – Florida Refund Associates, 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 (#20061289 – 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 – Bossuyt. 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 (#20061290 – 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 – Bossuyt. 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 (#20061291 – 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 – Lonidier. 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 (#20061292 – 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 and Associates for Notaro, Nicolosi, Simone, and Gonzales. 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 (#20061293 – 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 – Ricard. 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 (#20061294 – 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 – Cole. 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 (#20061295 – 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 (#20061306 – Clerk of Court)
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October 10, 2006
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ACTION REQUESTED/PURPOSE: Discuss whether to update and expand the 2002 “The Public Costs of Inadequate Affordable Housing in Lee County, Florida” report prepared by Deborah Halliday MPA for the Planning Division. WHAT ACTION ACCOMPLISHES: Updates the costs of not providing affordable housing. MANAGEMENT RECOMMENDATION: Update the study but not expand it. (#20061297 – Community Development)
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ACTION REQUESTED/PURPOSE: Convey a 10’ wide berm and landscape buffer easement to Florida Development Partners, L. C., over the south 10’ of the 75’ right-of-way for Estero Parkway extension, along the northern boundary of Grandezza; authorize Chairwoman to execute Berm & Landscape Buffer Easement, and the Division of County Lands to handle and accept documentation necessary to complete this transaction. WHAT ACTION ACCOMPLISHES: Provides area for buffering the adjacent residents. MANAGEMENT RECOMMENDATION: Approve with the termination clause, whereby the easement rights, or any portion thereof, will terminate at no cost to the County should the 10’ easement area be needed to construct the Estero Parkway extension. (#20061149 – County Lands)
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WALKON AGENDA
October 10, 2006
Walk On |
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ACTION REQUESTED/PURPOSE:
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Walk On |
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ACTION REQUESTED/PURPOSE:
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Walk On |
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ACTION REQUESTED/PURPOSE: |
Walk On |
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ACTION REQUESTED/PURPOSE: |
PUBLIC AGENDA
October 10, 2006
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5:00 PM |
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No Items |
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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 Chapter 2 of the Land Development Code to amend the County’s Concurrency Management System by adopting the statutorily mandated Proportionate Fair Share Program. Direct to second public hearing in October 24, 2006. WHAT ACTION ACCOMPLISHES: Allows for public comment on the proposed ordinance that will allow developers of property unable to achieve transportation concurrency to proceed with development under specified conditions by paying a proportionate fair share of the cost of the needed road improvement. MANAGEMENT RECOMMENDATION: Direct to second public hearing on October 24, 2006, at 5:05 p.m. (#20061282 – County Attorney)
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Public Hearing |
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ACTION REQUESTED/PURPOSE: Conduct first public hearing on proposed amendment to the Land Development Code (LDC), Chapter 2, to adopt the 2006 Road Impact Fee Update. After public hearing, direct the ordinance to the second public hearing in October 24, 2006 at 5:05 p.m. WHAT ACTION ACCOMPLISHES: Public hearings are necessary to adopt amendments to the Land Development Code. Allows for Board discussion and public input on the proposed update to the Road Impact Fee Schedule. MANAGEMENT RECOMMENDATION: Direct to second public hearing. (#20061283 – County Attorney)
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5:05 PM |
Public Presentation of Matters by Citizens |
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Adjourn |
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