District #1

Bob Janes

Chairman

District #2

Brian Bigelow

 

District #3

Ray Judah

Vice Chair

District #4

Tammy Hall

 

District #5

Frank Mann

 

Donald D. Stilwell

County Manager

 

David M. Owen

County Attorney

 

 

June 5, 2007

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 David Pleasant

Covenant Community Ministries

 

 

 

 

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

 

 

 

Adjourn


CONSENT AGENDA

June 5, 2007

 

1.

COUNTY ADMINISTRATION

 

(A)

ACTION REQUESTED/PURPOSE: 

Approve Change Order #1, under RFP-03-02 EMPLOYEE ASSISTANCE PROGRAM, to EAP Consultants, Inc., (Contract #2436), for an additional amount of $7,000.00 (for contract term ending 4/2007) due to an increase in employee base.  Also approve an additional $7,000.00 for contract term April 2007 – April 2008 to allow for the increase in employee base).

FUNDING SOURCE: 

Fund:  General Liability Self-Insurance; Program: HR – Wellness Coordinator; Project:  Employee Assistance Program

WHAT ACTION ACCOMPLISHES:

Covers the increase in the employee base for term ending 4/2007 and provides the additional funds needed for the final contract term of April 2007 – April 2008.

MANAGEMENT RECOMMENDATION: 

Approve (#20070780 – Administrative Services/HR)

 

2.

CONSTRUCTION AND DESIGN

3.

COUNTY COMMISSIONERS

4.

COMMUNITY DEVELOPMENT

5.

HUMAN SERVICES

 

(A)

ACTION REQUESTED/PURPOSE: 

1) Approve FY2007-2008 funds in the amount of $469,063 to match the School Readiness Program which provides child care for low income families and will be administered by Community Coordinated Care for Children and funded through the Partnering for Results (PFR) FY 2007-2008 allocation.

2) Designate an annual set-aside from the Partnering for Results allocation to provide local match for the School Readiness Program in future years.

FUNDING SOURCE: 

Lee County General Funds Partnering for Results Program

WHAT ACTION ACCOMPLISHES: 

Provides local match for state school readiness child care funding at a rate of $1 to $16.67.

MANAGEMENT RECOMMENDATION: 

Approve (#20070797 – Human Services)

 

6.

INDEPENDENT

 

(A)

ACTION REQUESTED/PURPOSE: 

Approve lease with John D. Yeomans and Ruthann M. Yeomans for 7,250 square feet of space located at 2421 Buckingham Road in Ft. Myers, FL to be utilized as the Riverdale Branch Library.  Base rent cost for the first year will be $18.00 per square foot or $130,500 with a first year CAM cost of $2.00 per square foot or $14,500.  Also approve the renewal term of five years, per Section XXI of the Lease, upon the same terms and conditions.  Lease can be terminated by giving Lessor six months advanced written notice.

FUNDING SOURCE:  

Library Division/Riverdale Library/Land, Building, Parking Rental

WHAT ACTION ACCOMPLISHES: 

Allows the Riverdale Branch Library to remain in the same general location as it presently is, while increasing the amount of space that is needed.

MANAGEMENT RECOMMENDATION: 

Approve (#20070764 – Library)

 

 

(B)

ACTION REQUESTED/PURPOSE: 

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $360,276 for Parcel 110, Plantation Road Extension, Project No. 4065, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete transaction.

FUNDING SOURCE:

Fund – Central District Road Impact Fees; Program: Capital Projects; Project: Plantation Road Extension.

WHAT ACTION ACCOMPLISHES: 

Authorizes binding offer to property owner.

MANAGEMENT RECOMMENDATION: 

Approve. (#20070274 – County Lands)

 

 

(C)

ACTION REQUESTED/PURPOSE: 

Approve Purchase Agreement for acquisition of STRAP No. 33-47-26-00-00001.0270; .0280; .0430; .043A and .0440 (+/- 34 acres)for the 951 Extension Project, No. 4078, in the amount of $3,200,000, pursuant to the terms and conditions set forth in the Agreement.  Authorize payment of costs to close and the Division of County Lands to handle all documentation necessary to complete this transaction.  Approve an interest bearing loan from the General Fund to County Road (CR) 951 Extension Project in Fund 18825 for $2,800,000 and approve budget transfer and resolution to increase the project (204078) and amend the FY 06/07-10/11 CIP accordingly.

FUNDING SOURCE: 

($2,800,000) Fund - Road Impact Fees Southeast District; Program - Capital Projects; Project - County Road 951 Extension; and Fund – Transportation Capital Improvements; Program – Capital Projects; Project – Right-of-Way Opportunities

WHAT ACTION ACCOMPLISHES:

Acquisition of property necessary for the 951 Extension Project, No. 4078.

MANAGEMENT RECOMMENDATION: 

Approve (#20070783 – County Lands)

 

 

(D)

ACTION REQUESTED/PURPOSE: 

Approve award of Formal Quotation No. Q-070364 Annual Purchase of Lab Equipment on a County-wide basis to Hach Company and VWR International at the discounts listed on the attached Lee County Tabulation Sheet.  The initial term of this quote is one year; also request authority to renew the quote for four additional one-year periods, at the same terms and conditions if in the best interest of Lee County.  The estimated annual County-wide expenditure for lab equipment is anticipated to be $100,000.

FUNDING SOURCE: 

Funding will be available from the individual department or division’s budget whom will be responsible for monitoring their individual expenditures.

WHAT ACTION ACCOMPLISHES: 

Allows County Departments and Divisions to purchase Hach and VWR lab supplies in a cost effective, efficient and timely manner.

MANAGEMENT RECOMMENDATION: 

Approve. (#20070794 – Purchasing)

 

7.

PUBLIC SAFETY

8.

SOLID WASTE-NATURAL RESOURCES

9.

TRANSPORTATION

 

(A)

ACTION REQUESTED/PURPOSE: 

Approve and authorize Chairman to execute attached Interlocal Agreement between the County and City of Ft. Myers for landscape funding of Palm Beach Boulevard.

FUNDING SOURCE:

No funds required.

WHAT ACTION ACCOMPLISHES: 

Executes Interlocal Agreement to allow The City of Ft. Myers to reimburse the County for landscaping of Palm Beach from Seabord to Prospect.

MANAGEMENT RECOMMENDATION: 

Approve. (#20070708 – Transportation)

 

 

(B)

ACTION REQUESTED/PURPOSE: 

Accept for maintenance a portion of Treeline Avenue from Daniels Road North 4.15 miles.  Treeline Avenue was built through a Development Order 99-0233.03.  Treeline was constructed through a Development agreement in accordance with the requirements of Administrative Code 11-7 – Road Maintenance Acceptance Policy.

FUNDING SOURCE: 

No funds required.

WHAT ACTION ACCOMPLISHES: 

The Boards formal acceptance of Treeline Avenue is within the boundary of the Worthing Holdings Southwest, LLC.  The county acknowledges the Developers Compliance with requirements of the Road Maintenance Acceptance policy.  The acceptance by the Board of County Commissioners will provide notice to the public that Lee County Department of Transportation is responsible for the maintenance of the road right-of-way, drainage and all right-of-way facilities.

MANAGEMENT RECOMMENDATION: 

Approve (#20070718 – Transportation)

 

 

(C)

ACTION REQUESTED/PURPOSE: 

Approve Change Order No. 4 to project B-05-04 SUMMERLIN ROAD SIX LANING – SAN CARLOS TO GLADIOLUS, to Phoenix Construction, Contract No. 3036, in the amount of $632,478.83.  Also, authorize Chairman to execute Change Order on behalf of the Board and approve necessary budget transfers and amend the FY 06/07-10/11 CIP accordingly.

FUNDING SOURCE: 

($552,478.83) Fund – Transportation Capital Improvement; Program – Capital Projects; Project – Summerlin at San Carlos to Gladiolus.  ($80,000.00) Fund – Utilities Capital Improvement; Project – Water/Sewer Line Relocation – Summerlin Widening.

WHAT ACTION ACCOMPLISHES: 

Allows for compensation to the Contractor for additional work for the Summerlin Road project requested by the Department of Transportation and Utilities, including bituminous adjustments and bridge painting.

MANAGEMENT RECOMMENDATION: 

Approve (#20070799 – Transportation)

 

10.

UTILITIES

 

(A)

ACTION REQUESTED/PURPOSE: 

Developer Contributed Asset:  Approve final acceptance, by Resolution, as a donation of one 6’’ diameter fire line, to provide fire protection to Biggerstaff #2, a recently constructed commercial building. This is a Developer contributed asset and the project is located on west side of Rickenbacker Parkway just north of Daniels Parkway.

FUNDING SOURCE:

No funds required.

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. (#20070735 – Utilities)

 

 

(B)

ACTION REQUESTED/PURPOSE: 

Developer Contributed Asset:  Approve construction of a water main extension serving Eagle Ready Mix, to provide potable water service and fire protection to this proposed Batching Plant.  This is a Developer contributed asset project located on the east side of Gator Road approximately 650’ northeast of Mainline Parkway. 

FUNDING SOURCE:

No funds required.

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. (#20070736 – Utilities)

 

 

(C)

ACTION REQUESTED/PURPOSE: 

Authorize Chair, on behalf of the BOCC, to 1) execute and approve recording of the “Memorandum of Right-of-Way Consent Agreement” between Lee County and Florida Power & Light Company for Lee County’s Gateway Wastewater Treatment Expansion project (CIP 7000) and the Airport Sewer Transmission Line (CIP 7131); and, 2) also, execute the Right-of-Way Consent Agreement (which will not be recorded).

FUNDING SOURCE:

No funds required.

WHAT ACTION ACCOMPLISHES: 

Allows Lee County to construct and maintain a sewer force main and dry retention area inside the FPL easement. 

MANAGEMENT RECOMMENDATION: 

Approval. (#20070737 – Utilities)

 

 

(D)

ACTION REQUESTED/PURPOSE: 

Developer Contributed Asset:  Approve final acceptance, by Resolution as a donation of one 4” diameter sanitary sewage force main connection serving Pine Island Marina, to provide sanitary sewer to this existing commercial building. This is a Developer Contributed asset project located on the west side of Stringfellow Road approximately 1/4 mile south of York Drive.

FUNDING SOURCE:

No funds required.

WHAT ACTION ACCOMPLISHES: 

Provides adequate utility infrastructure to support redevelopment of the subject property and complies with the Lee County Utilities Operations Manual.

MANAGEMENT RECOMMENDATION: 

Approval. (#20070738 – Utilities)

 

 

(E)

ACTION REQUESTED/PURPOSE: 

Developer Contributed Asset:  Approve final acceptance, by Resolution and recording of one (1) utility easement, as a donation of a water main and force main extension, to provide potable water service, fire protection and sewer service to Alico 14 of SW Florida, Inc., which will allow for a future industrial development. This is a Developer Contributed asset project located on the west side of Gator Road approximately 1/2 mile north of Alico Road.

FUNDING SOURCE:

No funds required.

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. (#20070739 – Utilities)

 

 

(F)

ACTION REQUESTED/PURPOSE: 

Developer Contributed Asset:  Approve final acceptance, by Resolution, as a donation of a force main connection serving GULFX MARINA to provide sanitary sewer service to this existing marina. This is a Developer Contributed Asset Project located at the foot of the bridge on the east side of San Carlos Boulevard approximately 850’ northeast of Prescott Street.

FUNDING SOURCE:

No funds required.

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. (#20070767 – Utilities)

 

 

(G)

ACTION REQUESTED/PURPOSE: 

Developer Contributed Asset:  Approve final acceptance, by Resolution and recording of one (1) utility easement, as a donation of one fire hydrant and one 1’’ diameter water service, to provide potable water service and fire protection to Reliance Bank Building. This is a Developer contributed asset and the project is located on the southeast corner of Metro Parkway and Diamond Center Court.

FUNDING SOURCE:

No funds required.

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. (#20070768 – Utilities)

 

11.

PARKS AND RECREATION

 

(A)

ACTION REQUESTED/PURPOSE:

Request Board approve and execute Interlocal Agreement between Lee County and the City of Fort Myers for funding of Trailhead Park Improvements in the amount of $500,000 on a reimbursable basis.  Funding is available in the Ten Mile Linear Park project.

FUNDING SOURCE: 

Fund - Capital Improvement Program - Regional Park Impact Fees; Program - Parks and Recreation;  Project - Ten Mile Linear Park

WHAT ACTION ACCOMPLISHES:

Allows Lee County to provide funding for Trailhead Park Improvements.

MANAGEMENT RECOMMENDATION:

Approve (#20070761 – Parks and Recreation)

 

 

(B)

ACTION REQUESTED/PURPOSE: 

Approve the Imperial River Preserve (IRP) Land Stewardship Plan.

FUNDING SOURCE: 

N/A

WHAT ACTION ACCOMPLISHES: 

Approving of the IRP Plan establishes guidelines for restoration activities at IRP.  MANAGEMENT RECOMMENDATION: 

Approve (#20070802 – Parks and Recreation)

 

12.

COUNTY ATTORNEY

13.

HEARING EXAMINER

14.

PORT AUTHORITY

15.

CONSTITUTIONAL OFFICERS

 

(A)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant. 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 property owner.

FUNDING SOURCE:

Delinquent Tax Property sale proceeds in excess of the taxes owed, held on behalf of the former property owner by the Board.

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  (#20070798 – Clerk of Court)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Request Board approves disbursements. The check and wire registers can be reviewed on the 3rd floor of the County Administration Building.

WHAT ACTION ACCOMPLISHES:

Florida Statute Chapter 136.06 (1) requires that all County disbursements be recorded in the Minutes of the Board.

MANAGEMENT RECOMMENDATION:

Compliance with the requirements of FS 136.06 (1) (#20070807 – Clerk of Court)

 

 

(C)

ACTION REQUESTED/PURPOSE: 

Approve the Minutes for the following meetings of the Board of County Commissioners held for the week of May 21st through May 25th, 2007:

May 21, 2007 (Zoning)                  May 22, 2007 (Regular Meeting)

FUNDING SOURCE:

Not Applicable.

WHAT ACTION ACCOMPLISHES: 

Approval of the Board Minutes, pursuant to Florida Statute 286.011

MANAGEMENT RECOMMENDATION: 

Approve (#20070809 – Clerk of Courts)

 

 

ADMINISTRATIVE AGENDA

June 5, 2007

 

1.

COUNTY ADMINISTRATION

2.

CONSTRUCTION AND DESIGN

3.

COUNTY COMMISSIONERS

4.

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

 

(A)

ACTION REQUESTED/PURPOSE: 

Delay payment of the second installment under the Grant Agreement between the Sierra Club (National) and the Board of County Commissioners.  The purpose of the Grant Agreement is to fund the Sierra Club’s challenge to federal permit actions concerning the Ona Phosphate Mine in Hardee County.  Because federal action is delayed pending the outcome of the challenge to the state permits, the Sierra Club does not need the second installment of the Grant funds at this time.

FUNDING SOURCE:

N/A

WHAT ACTION ACCOMPLISHES:

Delays payment of the second installment under the Grant Agreement.  That installment of $50,000 would have been due June 17, 2007.

MANAGEMENT RECOMMENDATION:

Direct staff to delay payment of the second installment under the Grant Agreement.

(#20070776 – County Attorney)

 

 

(B)

ACTION REQUESTED/PURPOSE: 

Approve mediated settlement in the case of Fort Myers Airways, Inc. v. Lee County and Lee County Port Authority, Case No. 96-6027-CA-WCM.

FUNDING SOURCE:

No funding source is necessary since the parties are equally dividing funds that are on deposit with the Clerk of Court.

WHAT ACTION ACCOMPLISHES:

Resolves all claims and law suits involving the parties.

MANAGEMENT RECOMMENDATION: 

Approve – all staff members involved in the mediation recommend approval.

(#20070804 – County Attorney)

 

13.

HEARING EXAMINER

14.

PORT AUTHORITY

15.

CONSTITUTIONAL OFFICERS