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

 

 

February 14, 2006

Please fill out a “Request to Comment” card if you plan to address the Board and return it to the Clerk at the left of the podium prior to the start of the meeting.

All back up for this agenda is available in the Public Resources Office, 1st Floor, Administration Building

Additional information is available on the Internet at http://www.lee-county.com

PLEASE NOTE:  The Board may take action in its capacity as the Port Authority or Government Leasing Corporation.

COMMISSION CHAMBERS, 2120 MAIN STREET, FORT MYERS, FLORIDA

 

9:30 AM

Invocation:

Pastor Russell Howard

McGregor Baptist Church

 

 

 

 

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

February 14, 2006

 

1.

COUNTY ADMINISTRATION

2.

CONSTRUCTION AND DESIGN

 

(A)

ACTION REQUESTED/PURPOSE:

Approve lease with Weeping Willow Development of Southwest Florida, LLC for 7,200 square feet of space in the facility located at 1017-1031 S.E. 9th Place in Cape Coral.  The base rental cost for the first year will be $16.15 per square foot or $116,280.  There will also be a CAM charge of $2.85 per square foot for the first year for a total of $20,520.  Lease will be for five years with the option to renew for an additional five years under the same terms and conditions.  Lessor will allow $20.00 per square foot to Lessee for build out costs.  Lease can be terminated by giving Lessor three months advance written notice.  Also approve budget resolution to accept $144,000 from Lessor for build out costs, establish Elections/Clerk Cape renovations budget of $1,100,000 and increase Support Budgets for lease costs for remainder of the fiscal year of $114,900 for a total of $1,070,900 from General Fund Reserves.

WHAT ACTION ACCOMPLISHES:

Provides space for the Clerk of Courts and Supervisor of Elections to move their offices in the same vicinity as the Lee County Government Office Building in Cape Coral so that a major re-organization of the tenants in that building can be done to allow for all of Court Services to reside on one floor.

MANAGEMENT RECOMMENDATION:

Approve (#20060094 – Construction & Design)

 

3.

COUNTY COMMISSIONERS

4.

COMMUNITY DEVELOPMENT

 

(A)

ACTION REQUESTED/PURPOSE:

1) Execute contracts to mitigate hurricane damage to two historic structures as follows: $12,350 for the Wightman House in Alva and $15,883 for the Ruby Gill House in Pineland.  2) Cancel contract C-3116 because the grantee should be the University of Florida (instead of the Randell Research Center) and execute a new contract between Lee County and the University of Florida.

WHAT ACTION ACCOMPLISHES:

Allows the county to enter into grant agreements to rehabilitate historic buildings and cancels contract C-3116 because it lists the incorrect grantee and executes a new contract listing the correct grantee.

MANAGEMENT RECOMMENDATION:  

Approve (#20060056 – Community Development)

 

5.

HUMAN SERVICES

 

(A)

ACTION REQUESTED/PURPOSE:

Approve a budget amendment resolution for the Department of Human Services to receive up to $45,000 of unanticipated revenues from the Emergency Food and Shelter Program (ESFP).

WHAT ACTION ACCOMPLISHES:

Amends the existing Department budget.

MANAGEMENT RECOMMENDATION

Approve the proposed budget amendment resolution. (#20060107 – Human Services)

 

6.

INDEPENDENT

 

(A)

ACTION REQUESTED/PURPOSE

Accept donation of Slope Easements for Parcels 23, 28, 29, 30, and 47, Gladiolus Drive Widening, Project No. 4083,; authorize the payment of recording fees and the Division of County Lands to handle all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES: 

Accepts voluntary slope easements for the Gladiolus Drive Widening Project, No. 4083

MANAGEMENT RECOMMENDATION

Management recommends Board approve the Action Requested. (#20060059 – County Lands)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Approve Easement Purchase Agreement for the acquisition of Parcels 102UE and 102WPE Corkscrew Road Water Treatment Plant Wellfield Expansion Project No. 7097, in the amount of $15,200; authorize payment of costs to close and the Division of County Lands to handle all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

Acquisition of easements for expansion of the wellfield for the Corkscrew Road Water Treatment Plant.

MANAGEMENT RECOMMENDATION: 

Approve. (#20060097 – County Lands)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Approve an addendum to the Construction Manager (CM) Agreement under RFQ-05-07 COUNTY-WIDE CONTRACT FOR CONSTRUCTION MANAGEMENT, for the project known as RECONSTRUCTION OF THE SAN CARLOS ARCHES to Made In Rio, Inc. for a total Guaranteed Maximum Price (GMP) of $329,513.88 (includes CM fee of $26,229.88), with a total completion time of  five (5) months.  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.   Further authorize Chairwoman to execute the CM Agreement.

 WHAT ACTION ACCOMPLISHES

Provides Lee County with a Construction Manager to provide labor and materials for the complete reconstruction of the San Carlos Arches.

MANAGEMENT RECOMMENDATION

Staff Recommends Approval. (#20060108 – Public Resources)

 

7.

PUBLIC SAFETY

 

(A)

ACTION REQUESTED/PURPOSE:

Approve the award of the Purchase of a generator for the EOC, to the low quoter meeting all specification requirements, Cummins Power South, LLC, for a grand total amount of $94,964.  (Cost breakdown:  $93,414 – Generator; $1550 – Option A/Extended Warranty.)  Please note that this purchase is being made in accordance with the terms and conditions of Formal Quote No. Q-040331 which was Board approved on June 29, 2004.

WHAT ACTION ACCOMPLISHES

Provides the EOC with a new generator that will provide reliable and dependable auxiliary power during outages.

MANAGEMENT RECOMMENDATION

Approve as stated. (#20060100 – Public Safety)

 

8.

SOLID WASTE-NATURAL RESOURCES

9.

TRANSPORTATION

 

(A)

ACTION REQUESTED/PURPOSE

Award B-06-04 COUNTY-WIDE MINOR PAVING & DRAINAGE, for the Department of Transportation, to the seven (7) lowest responsive, responsible bidders meeting all bidding requirements:  AEC, Inc., Ajax Paving Industries, Inc., APAC-Southeast, Cougar Contracting Specialties, Gulf Paving, Inc., Neubert Construction Services, and Better Roads, Inc., based on individual unit prices multiplied by the estimated quantity, with a total not-to-exceed annual contract amount of $1,350,000.00, with an annual contract period of one (1) year.  Also, authorize Chairwoman to execute agreement on receipt on behalf of the Board.

WHAT ACTION ACCOMPLISHES

Provides the Department of Transportation, Parks & Recreation and Natural Resources with the availability of having seven (7) contractors to perform intersection improvements, drainage improvements and general roadway improvements based on an as-needed basis for a one-year period without going through the formal bidding process each time.

MANAGEMENT RECOMMENDATION

Approval Recommended. (#20060071 – Transportation)

 

10.

UTILITIES

 

(A)

ACTION REQUESTED/PURPOSE:

Authorize the Chairwoman, on behalf of the BOCC, to 1) execute “Agreement for Cooperative Funding of Master Lift Station between Lee County and Fisherman’s Wharf Condominium Association” (FWCA); and, 2) execute and approve recording of “Grant of Perpetual Public Utility Easement”.

WHAT ACTION ACCOMPLISHES:

Allows construction of a master lift station, which would provide regional/central sanitary sewer service to an existing 34-unit multi-family residential development, and future regional/central sanitary sewer service to portions of St. James City.  Through this lift station construction, the existing Fisherman’s Wharf wastewater treatment plant will be totally eliminated.

MANAGEMENT RECOMMENDATION:

Approval. (#20060010 – Utilities)

 

 

(B)

ACTION REQUESTED/PURPOSE:

The recording of one (1) additional utility easement necessary for the recently accepted water main extension constructed to provide potable water service and fire protection to the Apostolic Christian Church, an existing place of worship.  This is a Developer contributed asset project located on the northwest corner of Trail Dairy Circle and Rustic Lane.

WHAT ACTION ACCOMPLISHES:

To ensure that Lee County Utilities personnel have proper access to all facilities to be owned and maintained by Lee County as required in the Lee County Utilities Operations Manual.

MANAGEMENT RECOMMENDATION:

Approval. (#20060012 – Utilities)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Approve final acceptance by Resolution and recording of one (1) utility easement as a donation of one (1) 10” diameter fire line and a force main extension serving 2200 Bruner Lane to provide fire protection and sanitary sewer service to the recently constructed commercial building.  This is a developer contributed asset project located at the southeast corner of Bruner Lane approximately 4,700’ east of S. Tamiami Trail.

WHAT ACTION ACCOMPLISHES:

Places the fire line and force main into operation and complies with the Lee County Utilities Operations Manual.

MANAGEMENT RECOMMENDATION:

Approval. (#20060031 – Utilities)

 

 

(D)

ACTION REQUESTED/PURPOSE:

Approve final acceptance, by Resolution, as a donation of water distribution and gravity collection systems to provide potable water service, fire protection and sanitary sewer service to Moody River Estates, Parcel B, a phased residential development. This is a Developer Contributed asset project located on the south side of Hancock Bridge Parkway between Moody Road and Skyline Drive, approximately 1.25 miles west of N. Cleveland Avenue.

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. (#20060047 – Utilities)

 

 

(E)

ACTION REQUESTED/PURPOSE:

Approve final acceptance, by Resolution, as a donation of water and gravity main extensions serving Legends, Tract L-2 – Langshire Way  to provide potable water service, fire protection and sanitary sewer service to this phase of the residential development. This is a Developer Contributed asset project located on the west side of Fiddlesticks Boulevard just north of Fiddlesticks Country Club.

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. (#20060048 – Utilities)

 

 

(F)

ACTION REQUESTED/PURPOSE:

Approve construction of a water main extension and a gravity main extension to serve Majorca Palms Estates to provide potable water service, fire protection and sanitary sewer service to this proposed single-family residential community. This is a Developer Contributed asset project located along the west side of Ortiz Avenue approximately 1-1/2 miles north of SR 82.

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. (#20060081 – Utilities)

 

 

(G)

ACTION REQUESTED/PURPOSE:

Approve construction of a  serving Magnolia Landing Maintenance Facility to provide potable water service and fire protection to this proposed maintenance facility. This is a Developer Contributed asset project located along the east side of U.S. 41 North, approximately ¼ mile south of the Lee/Charlotte county line.

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. (#20060082 – Utilities)

 

11.

PARKS AND RECREATION

12.

COUNTY ATTORNEY

 

(A)

ACTION REQUESTED/PURPOSE:

Request permission to advertise for and conduct a Public Hearing on Tuesday, February 28, 2006, at 5:00 p.m., in Chambers to consider the adoption and execution of the proposed Ordinance repealing and replacing Lee County Ordinance No. 86-13, relating to moving expenses in hiring of County personnel. Adoption of the proposed revision of the Ordinance will require an update to Lee County’s Personnel Policies & Procedures Manual, as adopted by Administrative Code.

WHAT ACTION ACCOMPLISHES:

Allows the proposed repeal and replacement of Lee County Ordinance No. 86-13 to go forward to Public Hearing.

MANAGEMENT RECOMMENDATION:

Set Public Hearing date for Tuesday, February 28, 2006, at 5:00 p.m. (#20060110 – County Attorney)

 

13.

HEARING EXAMINER

14.

PORT AUTHORITY

15.

CONSTITUTIONAL OFFICERS

 

(A)

ACTION REQUESTED/PURPOSE:

Approve disbursements.

WHAT ACTION ACCOMPLISHES:

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

MANAGEMENT RECOMMENDATION:

Approve  (#20060096-Clerk of Court)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant- Sally John.  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  (#20060120-Clerk of Court)

 

 

ADMINISTRATIVE AGENDA

February 14, 2006

 

1.

COUNTY ADMINISTRATION

2.

CONSTRUCTION AND DESIGN

3.

COUNTY COMMISSIONERS

4.

COMMUNITY DEVELOPMENT

5.

HUMAN SERVICES

6.

INDEPENDENT

7.

PUBLIC SAFETY

 

(A)

ACTION REQUESTED/PURPOSE

Approve an increase to a not-to-exceed amount of $260,000 annually under Waiver # W-050118 (approved by the Board on 12/21/04) for the purchase of helicopter fuel for Public Safety/EMS from PrivateSky Aviation Services, Inc.  This request for an increase in the annual expenditure amount (originally capped at $120,000) has become necessary due to rising fuel prices and increased usage of the helicopter.  It is also requested that the term of the waiver mirror the length of the lease agreement with the vendor (Board approved on 11/4/03).  The waiver is necessary due to the fact that PrivateSky requires that any and all fueling of aircraft on its property be coordinated and purchased thru PrivateSky.

WHAT ACTION ACCOMPLISHES

Allows for the continued purchase of helicopter fuel.

MANAGEMENT RECOMMENDATION

Approve as stated. (#20060090 – Public Safety)

 

8.

SOLID WASTE-NATURAL RESOURCES

9.

TRANSPORTATION

10.

UTILITIES

11.

PARKS AND RECREATION

12.

COUNTY ATTORNEY

 

(A)

ACTION REQUESTED/PURPOSE

Approve settlement in Lee County v. Harrelson, et al., Case No. 01-4196-CA (Parcel 6/Kagan).

WHAT ACTION ACCOMPLISHES

Settles claims for compensation, except fees and costs, for Parcel 6.

MANAGEMENT RECOMMENDATION

County Attorney’s Office recommends approval. (#20060106 – County Attorney)

 

13.

HEARING EXAMINER

14.

PORT AUTHORITY

15.

CONSTITUTIONAL OFFICERS

  

WALK ON AGENDA

February 14, 2006

 

Walk On

 

ACTION REQUESTED/PURPOSE:

BOCC approval of a 6-month time extension for Deputy Hearing Examiner to meet

residency requirements, due to exigent circumstances as described in the attached

memos.(#20060157 – Hearing Examiner)
 

(#2)

Walk On

ACTION REQUESTED/PURPOSE:
Approve Purchase Agreement for the acquisition of Parcel 107, Corkscrew Road Water Treatment Plant Wellfield Expansion Project No. 7097, and proposed future utility facilities, in the amount of $2,056,000; authorize payment of costs to close and the Division of County Lands to handle all documentation necessary to complete transaction; approve a Budget Transfer in the amount of $2,100,000 for future utility facilities and amend FY 05/06-09/10 CIP accordingly.Approve. (#200660158 – County Lands)
REASON FOR WALKON:
With the market place being so competitive, especially in this area of growth, it is in the County’s best interest to enter into the agreement as soon as possible, Should the Board approve making the Purchase.