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

January 31, 2006

9:30 AM

Invocation:

Pastor Ryan Deaton

Life Church

Pledge of Allegiance

Presentations:

CP 1

·         

Art Parsons Retirement Resolution – Commissioner Judah

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

9:30 AM

Public Hearings

PH 1

ACTION REQUESTED/PURPOSE: 

Conduct a Public Hearing to adopt a Resolution on Petition to Vacate a portion of a 50-foot wide platted right-of-way located adjacent to 5460, 5476, 5492, 5508, and 5524 Avenue A and 10530 Stringfellow Road, Bokeelia, Pine Island  (Case No. VAC2004-00073). (S28-T44S-R22E)(#1)

WHAT ACTION ACCOMPLISHES: 

To facilitate the combination of parcels on both sides of Avenue A for the construction of a Walgreens Drug Store.

MANAGEMENT RECOMMENDATION: 

Board Of County Commissioners policy issue. (#20051148 – Community Development)
 

PH 2

ACTION REQUESTED/PURPOSE: 

Conduct a Public Hearing to adopt a Resolution on Petition to Vacate a portion of a 50’ wide Road Right-of-Way being Bolt Lane between Zaharias Drive and Fairway Drive, located at 2130 and 2156 Fairway Dr., Lehigh Acres  (Case No. VAC2005-00036). (S32-T44S-R26E)(#5)

WHAT ACTION ACCOMPLISHES: 

To develop the entire site into a multi-family subdivision. The vacation of the Right-of-Way as requested will not affect existing traffic conditions and is not required to accommodate any future transportation needs.

MANAGEMENT RECOMMENDATION: 

Approve (#20051577 – Community Development)
 

Adjourn

1.

COUNTY ADMINISTRATION 

(A)

ACTION REQUESTED/PURPOSE:

Approve resolution and interlocal agreement to reimburse Charlotte County for legal expenses associated with phosphate litigation for fiscal year ’04-’05.

WHAT ACTION ACCOMPLISHES:

Formalizes agreement with Charlotte County for reimbursement of phosphate litigation expenses.

MANAGEMENT RECOMMENDATION:

Recommend approval.(#20060067 – County Manager)

2.

CONSTRUCTION AND DESIGN 

3.

COUNTY COMMISSIONERS 

4.

COMMUNITY DEVELOPMENT 

5.

HUMAN SERVICES 

6.

INDEPENDENT 

(A)

ACTION REQUESTED/PURPOSE: 

Approve Purchase Agreement for acquisition of Parcel 73, Gladiolus Drive Widening, Project No. 4083, in the amount of $16,786.00; 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: 

Management recommends Board approve the Action Requested (#20051837 – County Lands)

(B)

ACTION REQUESTED/PURPOSE:   

Approve Project # PB060202, the utilization (piggyback) of the Florida Department of Transportation-Public Transit Office Bid # FVPP-05-CA-1, which has gone through their competitive bidding process, for the purchase of two ADA Paratransit Vans (23 feet in length), and two ADA Paratransit Vans (26 feet in length) for Lee Tran.  The vans will be purchased from Transit Plus Inc. at a unit price of $69,458.each (for 23 foot) and $71,260. each (for 26 foot), for a grand total of $281,436. for four vans.  This purchase is 100% federally funded by the Federal Transit Administration.

WHAT ACTION ACCOMPLISHES:   

by utilizing the Florida Department of Transportation Bid, Lee Tran will be able to have the vans built and delivered in a timely fashion, thus allowing Lee Tran to continue to provide high quality paratransit service.

MANAGEMENT RECOMMENDATION:   

Staff recommends approval. (#20060023 – Lee Tran)

(C)

ACTION REQUESTED/PURPOSE:

Approve the endorsement to the contract with Nationwide Retirement Solutions which reduces the administrative fees for the 457(b) deferred compensation plan effective February 24, 2006. Adopt the amended and restated 457(b) Governmental Plan Document to comply with IRS regulations.

WHAT ACTION ACCOMPLISHES:

Lowers the administrative fees charged to employees for their deferred compensation accounts.  The restated plan documents bring the plan into compliance with IRS regulations.

MANAGEMENT RECOMMENDATION:

Recommend approval (#20060040 – Human Resources)

7.

(A)

ACTION REQUESTED/PURPOSE:

Approve contract with Emergency Planning Services to review Healthcare Facilities Comprehensive Emergency Management Plans, not to exceed $56,950.00 per year for the term of this contract.

WHAT ACTION ACCOMPLISHES:

Maintains an ongoing contractual agreement for the review of Healthcare Facility Comprehensive Emergency Management Plans which by state law must be approved by the County.

MANAGEMENT RECOMMENDATION:

Staff recommends approval (#20060024 – Public Safety)
 

(B)

ACTION REQUESTED/PURPOSE: 

Approve Modification #2 to agreement #05-DS-2N-09-46-01-256 with the Department of Community Affairs to extend the agreement from November 30, 2005 to March 31, 2006.

WHAT ACTION ACCOMPLISHES: 

Provides additional time for Lee County to complete RDSTF plans, procedures, SOPs, protocols, assessments, specifications and standards. 

MANAGEMENT RECOMMENDATION: 

Staff requested extension, and therefore recommends approval. (#20060032 – Public Safety)

8.

SOLID WASTE-NATURAL RESOURCES

(A)

ACTION REQUESTED/PURPOSE:

Approve award of Project # EX060060 for the purchase of one International cab and chassis truck with an 18’ dry van body from International Truck & Engine Corporation for Solid Waste at the prices given in Florida State Contract No. 070-700-05-1 – grand total price (including non-contract options in the amount of $10,859): $50,100.

WHAT ACTION ACCOMPLISHES:

Provides Solid Waste with a vehicle that will be used for the collection of paper products and electronic equipment.

MANAGEMENT RECOMMENDATION:

Approve as stated. (#20051552 – Solid Waste)

(B)

ACTION REQUESTED/PURPOSE:

Approve an addition of $3,323.00 to Purchase Order No. 74947 to Distran Packaged Substations, LLC, due to an error made in establishing the specification requirement based on the “actual” fault duty rather than the “design” fault duty.  Final PO amount will change to $119,213.00.

WHAT ACTION ACCOMPLISHES:

Provides correction to PO 74947 reflecting revised purchase price.

MANAGEMENT RECOMMENDATION:

Staff Recommends the action requested (#20060043 – Solid Waste)

9.

(A)

ACTION REQUESTED/PURPOSE:

Approve the award of Project No. EX060189, the purchase of one (1) New Holland Tractor, Model-TS115A with 24’ Machete Slope mower, for DOT – Operations, from Alamo Sales  Corporation, at the prices given in Florida State Contract No 765-900-04-1, and non-contract items in the amount of $1,108.49 for a total cost of $91,245.29.

WHAT ACTION ACCOMPLISHES: 

Provides DOT with a new reliable slope mower that will be used to maintain the County roadways.

MANAGEMENT RECOMMENDATION: 

Approve as stated. (#20060005 – Transportation)

(B)

ACTION REQUESTED/PURPOSE: 

Award Professional Services Agreement for CN-05-17 ORTIZ AVENUE FOUR LANING, to AIM Engineering & Surveying, Inc., in the total not-to-exceed amount of $2,336,531.73.  Also authorize Chairwoman to execute the agreement on behalf of the Board.  This project was anticipated and funds are available.

WHAT ACTION ACCOMPLISHES: 

Provides Lee County with a Consultant for the four-laning of Ortiz Avenue from Martin Luther King (MLK) Jr. Boulevard (S.R. 82) to Palm Beach Boulevard (S.R. 80).  This project includes survey and right-of-way maps, roadway plans, utility coordination and production of utility relocation plans, access management plans, lighting and signal design, bridge design (widening), preparation of cost estimates, bid documents, contract documents and obtaining all government permits necessary for the construction of this project.

MANAGEMENT RECOMMENDATION: 

Staff Recommends Approval. (#20060014 – Transportation)

(C)

ACTION REQUESTED/PURPOSE:

Approve an interest-bearing loan from the General Fund Revolving Loan - Roads Program to the Boca Grande Master Drainage Project (206047) for $1,000,000 and approve budget transfer and resolution to increase the Boca Grande Master Drainage Project and amend the FY 05/06-09/10 CIP accordingly.

WHAT ACTION ACCOMPLISHES:

Allows Boca Grande Master Drainage Project, which is funded over 6 years in $200,000 increments, to proceed as one large project, which should minimize disruption, save money and improve bid opportunities.

MANAGEMENT RECOMMENDATION:

Approve loan. (#20060029 – Transportation)

(D)

ACTION REQUESTED/PURPOSE:

Approve an Updated Master Transportation System Agreement between Lee County and the City of Bonita Springs for financing, planning, design, construction & operation of the road system within the Bonita Springs area.

WHAT ACTION ACCOMPLISHES:

Updates and extends the umbrella agreement that governs the related joint supplemental interlocal agreements specifying each party’s responsibilities regarding projects on Three Oaks Parkway, Imperial Street, Livingston Road, Bonita Beach Road and East Terry Street.

MANAGEMENT RECOMMENDATION:

Approve updated agreement (#20060028 – Transportation)

(E)

ACTION REQUESTED/PURPOSE:

Approve award of the Service Provider Agreement under CN-05-09 TOLL VIOLATION ENFORCEMENT SYSTEM, to the number one ranked firm, VESystems Corporation for a Grand Total cost of $2,244,907.00 to be paid from excess toll revenues over a period of five (5) years.  Also authorize Chairwoman to execute the agreement on behalf of the Board.

WHAT ACTION ACCOMPLISHES:

Provides lee County with a Consultant to provide a Violation Enforcement System.  Work shall include all labor, materials and services to complete the design, documentation, installation, packaging, delivery, testing and acceptance of the hardware and software for the various Violation Enforcement System Land and Plaza configuration for Midpoint Memorial, Sanibel Causeway and Cape Coral Bridges.

MANAGEMENT RECOMMENDATION:

Approval recommended (#20060050 – Transportation)

10.

UTILITIES

(A)

ACTION REQUESTED/PURPOSE:

Approve final acceptance by Resolution and recording of one (1) utility easement as a donation of a fire hydrant, single water service and a force main connection serving Walgreen’s (at Summerlin and Pine Ridge Road) to provide potable water service, fire protection and sanitary sewer service to this recently constructed commercial development. This is a Developer Contributed asset project located on the southeast corner of Summerlin Road and Pine Ridge 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. (#20051737 – Utilities)

(B)

ACTION REQUESTED/PURPOSE:

Approve construction of a  serving Bayshore Commons to provide potable water service and fire protection to this proposed multi-family residential development. This is a Developer Contributed asset project located along the southwest corner of Bayshore Road (SR 78) and Donald 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. (#20051787 – Utilities)

(C)

ACTION REQUESTED/PURPOSE:

Approve final acceptance, by Resolution, as a donation of 10’’ diameter master meter assembly serving Sunset Plaza Annex to provide potable water service and fire protection to this newly constructed industrial building. This is a Developer Contributed asset project located on the north side of Safety Lane approximately 1,600’ east of Pine Ridge 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. (#20051791 – Utilities)

(D)

ACTION REQUESTED/PURPOSE:

Approve final acceptance, by Resolution, and recording of a utility easement as a donation for one fire hydrant, one 6’’ diameter fire line and six water services serving Page Field Plaza to provide potable water service and fire protection to this newly constructed commercial plaza. This is a Developer Contributed asset project located on the west side of US 41 approximately 700’ south of Boy Scott Drive.

WHAT ACTION ACCOMPLISHES:

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

MANAGEMENT RECOMMENDATION:

Approval. (#20051835 – Utilities)

11.

PARKS AND RECREATION

(A)

ACTION REQUESTED/PURPOSE:

Approve the Powell Creek Preserve (PCP) Land Stewardship Plan.

WHAT ACTION ACCOMPLISHES:

Approving of the PCP Plan establishes guidelines for restoration and public use facilities at PCP.

MANAGEMENT RECOMMENDATION: 

Approve the plan so Land Stewardship staff can begin implementation. (#20060034 – Parks & Recreation)

ACTION REQUESTED/PURPOSE:

Approve the Pop Ash Creek Preserve (PACP) Land Stewardship Plan.

WHAT ACTION ACCOMPLISHES:

Approving of the PACP Plan establishes guidelines for restoration and public use facilities at PACP.

MANAGEMENT RECOMMENDATION: 

Approve the plan so Land Stewardship staff can begin implementation. (#20060035 – Parks & Recreation)

12.

COUNTY ATTORNEY

(A)

ACTION REQUESTED/PURPOSE:

Approve and accept the bequest of $5,295.30 from the Estate of Irmengard F. Webb.  Authorize Chairwoman to sign “Receipt of Beneficiary and Consent to Discharge” form and approve resolution relating to the acceptance of bequest.

WHAT ACTION ACCOMPLISHES:

To obtain Board of County Commissioners’ approval and acceptance of the bequest from the Estate of Irmengard F. Webb.  Execution of the “Receipt of Beneficiary and Consent to Discharge” form by Chairwoman will acknowledge receipt of the completed distribution of the share of the estate to which the County was entitled.

MANAGEMENT RECOMMENDATION:

Accept bequest and execute form (#20060038 – 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 Althaus.  Pursuant to Florida Statute Chapter 197 the Board is to hold unclaimed overbid funds from Delinquent Tax sales for a period of two years on behalf of the original land owner.

WHAT ACTION ACCOMPLISHES:

The Clerk has received a verified claim of these funds and requests that you release them to the claimant.

MANAGEMENT RECOMMENDATION:

(#20060051 – Clerk of Courts)

(B)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant Prime Intercoastal Group.  Pursuant to Florida Statute Chapter 197 the Board is to hold unclaimed overbid funds from Delinquent Tax sales for a period of two years on behalf of the original land owner.

WHAT ACTION ACCOMPLISHES:

The Clerk has received a verified claim of these funds and requests that you release them to the claimant.

MANAGEMENT RECOMMENDATION:

(#20060052 – Clerk of Courts)

(C)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant Olejnir.  Pursuant to Florida Statute Chapter 197 the Board is to hold unclaimed overbid funds from Delinquent Tax sales for a period of two years on behalf of the original land owner.

WHAT ACTION ACCOMPLISHES:

The Clerk has received a verified claim of these funds and requests that you release them to the claimant.

MANAGEMENT RECOMMENDATION:

(#20060053 – Clerk of Courts)

(D)

ACTION REQUESTED PURPOSE:

Present for information purposes. To provide interim reporting on selected funds and revenues of the Lee County Board of County Commissioners.  Included in the report in compliance with Chapter 218.415 Florida Statues, Local Government Investment policies, is the stated and fair market value of the investments managed by the Clerk’s Office, pursuant to Lee County Ordinance 02-28 activity for the Driver’s Education Safety Trust Funds.

WHAT ACTION ACCOMPLISHES:

The purpose of this report is to convey to you the financial status of selected significant funds of the Lee County Board of County Commissioners and the status of specific revenues as of the stated dates and the market value of the investments managed by the Clerk’s Office on behalf of the Board.

MANAGEMENT RECOMMENDATION:

(#20060054 – Clerk of Courts)

(E)

ACTION REQUESTED/PURPOSE:

Request Board approves disbursements.  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:

(#20060055 – Clerk of Courts)

1.

COUNTY ADMINISTRATION 

2.

CONSTRUCTION AND DESIGN 

3.

COUNTY COMMISSIONERS 

4.

COMMUNITY DEVELOPMENT 

(A)

ACTION REQUESTED/PURPOSE:

Direct amendments to the Land Development Code (LDC) pertaining to the Fire and EMS Impact Fee Update.  Recommended hearing dates are as follows:

LDC Advisory Committee (LDCAC): 2/10/06

Executive Regulatory Oversight Committee (EROC): 2/8/06

Local Planning Agency: 2/27/06

First Public Hearing: 3/14/06

Second Public Hearing: 3/28/06

WHAT ACTION ACCOMPLISHES:

Public hearings are required to adopt amendments to the LDC.

MANAGEMENT RECOMMENDATION:

Sets hearings dates for the Board of County Commissioners for advertising purposes. (#20060037 – Community Development)

5.

HUMAN SERVICES 

6.

INDEPENDENT

(A)

ACTION REQUESTED/PURPOSE:

Board to determine and award the appropriate pay-for-performance increase for Contract Employee David Owen (County Attorney) based on the individual evaluations completed by each Commission member.

WHAT ACTION ACCOMPLISHES:

To remain consistent with the County philosophy of pay-for-performance throughout the entire employee team.  This will reinforce the Board’s support of pay-for-performance throughout the organization regardless of the employee’s level; and reward the Contract Employee for his performance and contributions to the organization during the past year.

MANAGEMENT RECOMMENDATION:

Follow Board’s direction (#20060044 – Human Resources)

7.

PUBLIC SAFETY 

8.

SOLID WASTE-NATURAL RESOURCES 

9.

TRANSPORTATION 

(A)

ACTION REQUESTED/PURPOSE:  

Approve Construction Manager Agreement under RFQ-05-07 COUNTY-WIDE CONTINUING CONTRACT FOR CONSTRUCTION MANAGEMENT to Bundschu Kraft, Inc. for the Island Park Regional Mitigation Project, for the Guaranteed Maximum Price (GMP) of $923,014.00 (includes CM fee of $68,371.00), with a total project completion time of 150 calendar days.  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.  Also authorize Chairwoman to execute Construction Manager Agreement upon receipt.  This CM was anticipated and funds are available.

WHAT ACTION ACCOMPLISHES:  

Provides Lee County with a Construction Manager for  approximately 80 acres of the Island Park Regional Mitigation Project.  Construction of this project satisfies the mitigation requirements of the South Florida Water Management District (SFWMD) and U.S. Army Corps of Engineers (ACOE) for the Department of Transportation project known as Three Oaks Parkway South and provides restoration and enhancement on Lee County Conservation 2020 lands known as the Estero Marsh Preserve.  The project includes excavation of filter marsh and canal bank, FPL easement culvert installation, clearing and grubbing, exotic removal and plantings. 

MANAGEMENT RECOMMENDATION: 

Approval recommended. (#20060019 – Transportation)

10.

UTILITIES 

11.

PARKS AND RECREATION 

12.

COUNTY ATTORNEY 

(A)

ACTION REQUESTED/PURPOSE:  

Receive input and opinions relative to legal options available to the County concerning freshwater discharges from Lake Okeechobee to the Caloosahatchee River and provide further direction to both legal and administrative staff.                                             

WHAT ACTION ACCOMPLISHES:  

Advises the Board of legal options and their viability, and provides further direction to staff.

MANAGEMENT RECOMMENDATION:  

Consider legal options and their timing, and provide further direction to staff. (#20060033 – County Attorney)

13.

HEARING EXAMINER 

14.

PORT AUTHORITY 

15.

CONSTITUTIONAL OFFICERS 

#1

ACTION REQUESTED/PURPOSE:
Deny appeal of an administrative interpretation of the Lee Plan under the single-family residence provision filed by Matthew Uhle on behalf of Darryl Damico.
WHAT ACTION ACCOMPLISHES: 
A public hearing is required to take action concerning an appeal of a denial of a favorable interpretation of the Lee Plan under the single-family residence provisions.  If denied, the applicant will continue to enjoy the use of his property as developed with one single-family residence and associated improvements, which were constructed pursuant to a 1989 single-family building permit issued in conjunction with a previous single-family determination (SF-89-05-17) covering the property now owned by Mr. Damico.
MANAGEMENT RECOMMENDATION:
(#20060025 – County Attorney)