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

 

 

March 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 Steve Hess

Zion Lutheran 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

 

 

9:30 AM

Public Hearings

 

 

PH 1

ACTION REQUESTED/PURPOSE:

Conduct a Public Hearing to adopt a Resolution on Petition to Vacate the interior 12-foot wide Public Utility Easements located at 3507 Lee Blvd., Lehigh Acres (Case No. VAC2005-00018). (S26-T44S-R26E) (#5)

WHAT ACTION ACCOMPLISHES:

To build a two-story commercial office building on the combined eight (8) lots.  The vacation of this easement will not alter existing utility conditions and the easement is not necessary to accommodate any future utility requirements.

MANAGEMENT RECOMMENDATION:

Approve (#20050971 – Community Development)

 

PH 2

ACTION REQUESTED/PURPOSE:

Conduct a Public Hearing to adopt a Resolution on Petition to Vacate an Approved plat with Right-of-Way known as “Westlake Court”, located within the “West Bay Club” development, Estero, Florida (Case No. VAC2005-00033) (S31-T46S-R25E) (#3)

WHAT ACTION ACCOMPLISHES:

To provide for the construction of a multi-family residential project on the combined Lots.  The vacation of this plat with associated street right-of-way and easements will not alter existing drainage, utility or transportation conditions and is not necessary to accommodate any future drainage, utility or transportation requirements.

MANAGEMENT RECOMMENDATION:

Approve (#20060011 – Community Development)

 

PH 3

ACTION REQUESTED/PURPOSE

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

12-foot wide Public Utility Easement located at 10161 and 10181 Mallory E. Pkwy, St. James City  (S28-T44S-R22E)(#1) (Case No. VAC2006-00003). 

WHAT ACTION ACCOMPLISHES: 

To enable development of the property as one continuous parcel on the combined lots.  The vacation of this easement will not alter existing utility conditions and the easement is not necessary to accommodate any future utility requirements.

MANAGEMENT RECOMMENDATION

Approve (#20060063 – Community Development)

 

 

Adjourn until 5:00 PM


CONSENT AGENDA

March 14, 2006

 

1.
COUNTY ADMINISTRATION
 
(A)
ACTION REQUESTED/PURPOSE:
Authorize the Administration to proceed with the refunding of the Solid Waste System Revenue Bonds, Series 1995.
WHAT ACTION ACCOMPLISHES:
Allows the Solid Waste System Revenue Bonds, Series 1995 to be refunded for savings.
MANAGEMENT RECOMMENDATION:
Approve (#20060247 –Budget Services)
 

2.

CONSTRUCTION AND DESIGN

 

(A)

ACTION REQUESTED/PURPOSE: 

Approve Addendum to the Construction Manager Agreement, for RFQ-05-08 Justice Center 4th Floor Corridors Renovations, with Target Builders, Inc., to include the Guaranteed Maximum Price (GMP) in the amount of $412,517.00 (which includes the CM Fee of 7.7% or $31,660.00), 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. Also approve budget transfer from General Fund Reserves in the amount of $450,000.00 to the Justice Center 4 th Floor Corridors Renovations and amend FY 05/06 budget. Further authorize Chairwoman to execute the Addendum upon receipt.

WHAT ACTION ACCOMPLISHES: 

For work to be performed in the 4th floor corridors - 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 (#20060168 – Construction & Design)

 

 

(B)

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 Window Repair (Wood) at the Lee County Courthouse, to Karr Group, Inc. d/b/a Casey Construction, for a Guaranteed Maximum Price (GMP) of $117,111.50 (includes CM fee of $10,646.50), with a total completion time of four (4) 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.  Authorize the Chairman to execute Addendum upon receipt.   This project was anticipated and funds are available.

WHAT ACTION ACCOMPLISHES: 

Provides Lee County with a Construction Manager for window repair (wood only) at the Lee County Courthouse.

MANAGEMENT RECOMMENDATION: 

Approval Recommended. (#20060201 – Construction & Design)

 

 

(C)

ACTION REQUESTED/PURPOSE: 

Approve waiving of the formal bid process for BW-06-02 BAS CONTROLS @ THE LEE COUNTY JUSTICE CENTER COMPLEX to Boyd Brothers, due to the proprietary HVAC, lighting, and security Controls equipment already installed in the existing structure, at an estimated annual expenditure of $260,000.00, for the remaining fiscal year September 30, 2006 and $150,000.00/annually for the next five (5) years beyond 2006.

WHAT ACTION ACCOMPLISHES: 

By utilizing only the Automated Logic brand of controls and equipment throughout the existing and growing project, Facilities Management will be able to monitor and adjust HVAC, lighting and security points with one consistent system throughout the complex.  This will eliminate the need to train the Building Automation Staff on different software and hardware as well as allow us to stock only parts for this project line.

MANAGEMENT RECOMMENDATION:

Staff Recommends Approval (#20060203 – Construction & Design)

 

 

(D)

ACTION REQUESTED/PURPOSE: 

Approve Change Order No. 1 to Contract 2598, CN-03-03 Wa-Ka Hatchee Park, in the amount of $614,400.00, for Michael Redd & Associates for additional work requested by Lee County Construction and Design.  Also, authorize Chairwoman to execute Change Order on behalf of the Board.  This Change Order was anticipated and funds are available.

WHAT ACTION ACCOMPLISHES: 

Provides Lee County with a contractor to perform additional work on the Wa-ka Hatchee Park project (formerly known as South Fort Myers Community Park) to include Architectural, Engineering and Landscape Architectural Services.

MANAGEMENT RECOMMENDATION:

Staff Recommends Approval. (#20060206 – Construction & Design)

 

 

(E)

ACTION REQUESTED/PURPOSE:

Declare an emergency (E-06-02) and approve Construction Manager (CM) Agreements under RFQ-05-07 COUNTY-WIDE CONTRACT FOR CONSTRUCTION MANAGEMENT, to Gary Wilkes, Inc., (Contract #3160), for the project known as FORT MYERS BEACH FISHING PIER ELASTOMERIC BEARING PAD REPLACEMENT for a total Guaranteed Maximum Price (GMP) of $719,246.00 (includes CM fee of $50,146.00) with a project completion time of 240 days and for the project FORT MYERS BEACH FISHING PIER CONCRETE RESTORATION for a total Guaranteed Maximum Price (GMP) of $816,289.00 (includes CM fee of $55,639.00) with a project completion time of 240 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. Further authorize Chairwoman to execute the CM Agreement.  Also approve Budget Transfer from Tourist Development Beach Capital Improvement Fund Reserves in the amount of $600,000 to the Lynn Hall Pier Pilings Repair project and amend FY 05/06 budget.

WHAT ACTION ACCOMPLISHES: 

Provides Lee County with a Construction Manager for the Fort Myers Beach Fishing Pier to include, but not limited to elastomeric bearing pad replacement and for the installation of new neoprene bearing pads for the prestressed concrete deck slabs.

MANAGEMENT RECOMMENDATION: 

Staff Recommends Approval. (#20060250 – Public Works)

 

3.

COUNTY COMMISSIONERS

4.

COMMUNITY DEVELOPMENT

5.

HUMAN SERVICES

6.

INDEPENDENT

 

(A)

ACTION REQUESTED/PURPOSE:

Approve Easement Purchase Agreement for acquisition of Parcel 94, Gladiolus Drive Widening Project, No. 4083 in the amount of $1,500; authorize the payment of 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

Approve. (#20060116 – County Lands)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Approve Purchase Agreement for acquisition of Parcel 01, Gladiolus Drive Widening Project, No. 4083 in the amount of $2,500; authorize the payment of 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

Approve. (#20060119 – County Lands)

 

 

(C)

ACTION REQUESTED/PURPOSE: 

Accept by donation, a Quit Claim Deed for real estate identified by a part of Tax Strap No. 02-46-22-19-00000.0580 necessary for the Cherry/Blueberry Lanes Special Improvement MSBU for maintenance of the existing roads and street lighting; authorize the Division of County Lands to handle and accept all documentation necessary; authorize payment of recording fees.  Cherry and Blueberry Lanes are currently privately owned roads and the County cannot initiate maintenance without a fee ownership interest.

WHAT ACTION ACCOMPLISHES:  

Acquires right-of-way via Quit-Claim Deed by donation from benefited owner.

MANAGEMENT RECOMMENDATION: 

Approve (#20060169 – County Lands)

 

 

(D)

ACTION REQUESTED/PURPOSE: 

Authorize (1) Approval Easement Purchase Agreement for the Acquisition of Parcel 101, San Carlos Golf Course Reuse Waterline Project No. 7255, in the amount of $1,000; (2) payment of costs to close; (3) the Division of County Lands to handle all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES: 

Acquisition of easement for replacement of old reuse line to San Carlos Park Golf Course. 

MANAGEMENT RECOMMENDATION: 

Approve (#20060179 – County Lands)

 

 

(E)

ACTION REQUESTED/PURPOSE: 

Approve the acquisition of real estate identified by Tax STRAP Number 04-44-25-18-00001.0040 in East Fort Myers for the Schandler Park Improvements Project No. 1758, in the amount of $165,000, pursuant to the terms and conditions as set forth in the Purchase Agreement; authorize payment of necessary fees and costs to close; and authorize the Division of County Lands to handle and accept all documentation necessary to complete this transaction.

WHAT ACTION ACCOMPLISHES: 

Allows the County to proceed with the project without resorting to Eminent Domain proceedings.

MANAGEMENT RECOMMENDATION: 

Approve (#20060180 – County Lands)

 

 

(F)

ACTION REQUESTED/PURPOSE: 

Approve budget amendment resolution to amend Library Project  #06-ST-27 in the amount of $1,182,820 to recognize State Aid grant proceeds.

WHAT ACTION ACCOMPLISHES: 

The budget amendment accepts $1,182,820 as unanticipated revenue, and designates grant expenditures.

MANAGEMENT RECOMMENDATION: 

Approve (#20060183 – Library)

 

 

(G)

ACTION REQUESTED/PURPOSE:

Request Board approve budget amendment resolution in the amount of $95,000 to establish budget for the 7th annual Lee County Reading festival on March 18, 2006. 

WHAT ACTION ACCOMPLISHES: 

Budget amendments must be adopted by resolution.

MANAGEMENT RECOMMENDATION:

Approval (#20060207 – Library)

 

 

(H)

ACTION REQUESTED/PURPOSE:

Approve award of Formal Quotation No. Q-060062 Annual Purchase of Printing Supplies for the Library, to the low quoters meeting specifications as follows:  Upstate Computers Corp. for Section A – OEM Product and Marathon Ribbon for Section B – Remanufactured Product, 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 whom will be responsible for monitoring their individual expenditures.  The Library estimates expending approximately $100,000 annually for printing supplies.  Permission is also requested to negotiate prices for new cartridges with the awarded vendors on an as-needed basis over the term of the quote.

WHAT ACTION ACCOMPLISHES: 

Provides the Library with a reliable source of printing supplies for staff and patron printers located at branches throughout Lee County.

MANAGEMENT RECOMMENDATION:

Approve as stated. (#20060208 – Library)

 

 

(I)

ACTION REQUESTED/PURPOSE: 

Authorize: (1) Acceptance of donation of Parcel 114, for the Stroud Creek Restoration Project No. 8585; (2) payment of costs to close; (3) the Division of County Lands to handle all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES: 

Acquires permanent right of access to construct and maintain stormwater drainage facilities for the Stroud Creek Restoration Project. 

MANAGEMENT RECOMMENDATION: 

Approve (#20060212 – County Lands)

 

 

(J)

ACTION REQUESTED/PURPOSE: 

Support Lee Tran’s request for Federal Transit Administration earmarks for the replacement of buses and for construction of a new transit facility.

WHAT ACTION ACCOMPLISHES: 

Provides the Federal Transit Administration an endorsement from the Board in support of Lee Tran’s request for federal earmarks for the purchase of replacement buses and funding for the construction of a new transit facility.

MANAGEMENT RECOMMENDATION: 

Support Lee Tran’s effort to secure federal earmarks from the Federal Transit Administration for capital needs which are currently unmet. (#20060248 – Transit)

 

7.

PUBLIC SAFETY

 

(A)

ACTION REQUESTED/PURPOSE:

Request the Board to adopt a resolution certifying that monies from the County EMS Award Grant Program will be used to improve and expand the County’s existing EMS prehospital system. Also, request the Board to accept the grant monies when received from the Bureau of EMS and approve a budget resolution in the amount of  $108,861.00.

WHAT ACTION ACCOMPLISHES:

The action completes the application and agreement process allowing Lee County to apply for and accept the EMS County Award Grant monies in the amount of $108,861.00.

MANAGEMENT RECOMMENDATION:

Management recommends approval. (#20060211 - Public Safety)

 

 

(B)

ACTION REQUESTED/PURPOSE: 

Authorize Chairwoman to sign award letter as an amendment to the Emergency Management Preparedness and Assistance (EMPA) Base Grant Agreement with the Florida Department of Community Affairs to increase contract by $55,671.  Approve Budget Amendment Resolution to increase contract amount by $55,671 which brings total contract amount to $158,630.           

WHAT ACTION ACCOMPLISHES: 

Provides additional funding to offset performing work items required by or to be consistent with federal and state goals and objectives.

MANAGEMENT RECOMMENDATION: 

Staff recommends approval. (#20050246 – Public Safety)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

(A)

ACTION REQUESTED/PURPOSE: 

Approve award of formal quotation (RFP B&R 2661-SC-316 & 316A) and issuance of a purchase order to Fischer Controls International, c/o Control Associates, Inc., the low price proposer, meeting all specification requirements for control valves and severe service control valves and related equipment, in an amount of $321,604.00, plus a not-to-exceed allowance of $5,000 for additional related equip/services.

WHAT ACTION ACCOMPLISHES: 

Provides the necessary control valves for the waste to energy expansion project.

MANAGEMENT RECOMMENDATION: 

Staff recommends approval of the requested motion.  (#20060233 – Solid Waste)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Approve one (1) Mandatory Garbage Hardship Payment Deferral requests for Fiscal Year 05/06, October 1, 2005 through September 30, 2006. Approved listing will be submitted to the Property Appraiser for proper notation on the solid waste roll, and the Solid Waste Division will record a lien against the applicant’s property.

WHAT ACTION ACCOMPLISHES:

Defers payment, and provides for the recording of liens under the Mandatory Garbage Hardship Deferral Program.

MANAGEMENT RECOMMENDATION:

Approve attached listing of Mandatory Garbage Hardship Payment Deferral requests for Fiscal Year 05-06. (#20060237 – Solid Waste)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Approve budget transfer in the amount of $220,000 comprised of $100,000 in revenues and $120,000 in expenses from Project 408534, SFWMD Grant Projects to Project 408580, Estero River Maintenance providing for exotic vegetation and debris removal from the Estero River and its tributaries.  South Florida Water Management District has issued Purchase Order PC P601115 (see attached) in the amount of $100,000 as their contribution toward this work.

WHAT ACTION ACCOMPLISHES:

Provides funding for exotic vegetation removal on the Estero River and its tributaries.

MANAGEMENT RECOMMENDATION:

Staff recommends approval. (#20060239 – Natural Resources)

 

9.

TRANSPORTATION

 

(A)

ACTION REQUESTED/PURPOSE:

Approve Change Order No. 1 to Contract 3036, B-04-17 Summerlin Road Six Laning from Gladiolus to San Carlos, in the amount of $704,536.63, for Phoenix Construction for additional work requested by Lee County DOT and Lee County Utilities.  Also, authorize Chairwoman to execute Change Order on behalf of the Board.  This Change Order was anticipated and funds are available.

WHAT ACTION ACCOMPLISHES:

Provides Lee County with a contractor to perform additional work on the Summerlin Road Six Laning project.  Also allows Contractor 96 additional days to perform additional work.

MANAGEMENT RECOMMENDATION:

Approval recommended.  (#20060017 – Transportation)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Approve Supplemental Task Authorization No. 1 and Supplemental Task Authorization No. 2 under CN-03-07 MISCELLANEOUS PROFESSIONAL SERVICES, For the projects known as DESIGNING SIDEWALKS FOR SECTION ONE OF THE TICE STREET SIDEWALK PROJECT FROM WAVERLY TO ORTIZ and DESIGNING SIDEWALKS FOR SECTION TWO OF THE TICE STREET SIDEWALK PROJECT FROM ORTIZ TO LEXINGTON, to Post, Buckley, Shuh & Jernigan (PBS&J), for a total amount of $219,000.00 (STA No. 1 - $117,700.00 and STA No. 2 - $101,300.00).  Also, authorize Chairwoman to execute STA’s on behalf of the Board.  These STA’s were anticipated and funds are available.

WHAT ACTION ACCOMPLISHES:

STA No. 1 provides Lee County with a Consultant for Engineering and Land Surveys, Roadway Design, Utility Coordination, Permits, Bidding and Contract Documents for DESIGNING SIDEWALKS FOR SECTION ONE OF THE TICE STREET SIDEWALK PROJECT FROM WAVERLY TO ORTIZ.  STA No. 2 provides Lee County with a Consultant for Engineering and Land Surveys, Roadway Design, Utility Coordination, Permits, Building and Contract Documents for DESIGNING SIDEWALKS FOR SECTION TWO OF THE TICE STREET SIDEWALK PROJECT FROM ORTIZ TO LEXINGTON.

MANAGEMENT RECOMMENDATION:

Approval Recommended.  (#20060095 – Transportation)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Approve request for a License & Agreement to Hold Lee County Harmless (“License”) for the placement of temporary or nonpermanent structures and allow recreational activities to occur in a portion of a County-owned drainage easement on the south side of College Parkway; authorize the Chairwoman to execute the License; and authorize the Director of the Lee County Dept. of Transportation (“LCDOT”) to approve subsequent requests for uses consistent with the terms of the License.

WHAT ACTION ACCOMPLISHES:

Authorizes a license to allow The Canterbury School, Inc., a Florida Non Profit Corporation, to place temporary or nonpermanent structures and allow recreational activities to occur in a portion of a County-owned drainage easement on the south side of College Parkway at 8141 College Parkway, Fort Myers, Florida; and authorizes the Director of LCDOT to approve subsequent requests for uses consistent with the terms of the License.

MANAGEMENT RECOMMENDATION:

Approve (#20060114 - Transportation)

 

 

(D)

ACTION REQUESTED/PURPOSE:

Approve Change Order No. 6 with Phoenix Construction Services, Inc. under Contract 2409, B-03-06 Alico Road Improvements in the amount of $392,080.63.  Also, authorize Chairwoman to execute Change Orders on behalf of the Board.  This Change Order was anticipated and funds are available.

WHAT ACTION ACCOMPLISHES:

Provides Lee County with a Contractor to perform various work items for Lee County DOT and Utilities related to Alico Road Improvements.  Also increases completion time from 660 calendar days to 984 calendar days to allow for this extra work.

MANAGEMENT RECOMMENDATION:

Approval recommended.  (#20060131 – Transportation)

 

 

(E)

ACTION REQUESTED/PURPOSE

Approve award of Project # EX060276, the purchase of two new Altec aerial devices and chassis for DOT/Traffic from Altec Industries, Inc. at the prices given in the Federal General Services Administration Contract GS-30F-1028G.  Grand total cost for two trucks:  $257,008.

WHAT ACTION ACCOMPLISHES: 

Provides DOT/Traffic with two new bucket trucks that will be utilized throughout the County to perform traffic signal and street lighting maintenance and construction.  One of the trucks will replace Asset # 019608 which is ten years old and has met all of Fleet Management’s replacement criteria.

MANAGEMENT RECOMMENDATION

Approve as stated.(#20060178 – Transportation)

 

 

(F)

ACTION REQUESTED/PURPOSE

Approve Local Agency Program Agreement with the Florida Department of Transportation and Tri-party Cooperative Agreement with the Federal Highway Administration, The Florida Department of Transportation and Lee County for the Value Pricing Study of the Sanibel Bridge & Causeway.  Also approve authorizing resolutions for Chairwoman to execute agreements as well as a budget amendment resolution and amend the FY 05-06 – 09-10 CIP accordingly.  Approve a transfer from Gas Tax reserves in the amount of $25,000.

WHAT ACTION ACCOMPLISHES: 

Allows DOT to proceed with a value pricing study for the Sanibel Bridge & Causeway.

MANAGEMENT RECOMMENDATION

Approve.  (#20060194 – Transportation)

 

 

(G)

ACTION REQUESTED/PURPOSE

Approve Change Order No. 2 to Contract #2585 for CN-02-31 Burnt Store Road-Veterans Parkway-Colonial Boulevard Corridor Study with Post, Buckley, Schuh, and Jernigan, Inc. in the amount of $1,052,178.00 for the PD&E Study for Colonial Boulevard.   Also, approve transfer from reserves in the amount of $100,000.00 in Road Impact Fees, Central District to Project 205054, Colonial/McGregor and amend FY06-FY10 Capital Improvements Program.  This STA was anticipated and funds will be available upon execution of Request for Transfer of Funds.

WHAT ACTION ACCOMPLISHES

This change order allows for Project Development & Environment (PD&E) Study for CR 884/SR 884 (Colonial Blvd) elevated expressway from west of McGregor to east of Metro in order to maintain eligibility for federal funding.

MANAGEMENT RECOMMENDATION

Staff Recommends Approval (#20060197 – Transportation)

 

10.

UTILITIES

 

(A)

ACTION REQUESTED/PURPOSE:

Approve construction of a force main extension serving Mar Mas Professional Center to provide sanitary sewer service to this proposed commercial building. This is a Developer Contributed asset project located along the east side of San Carlos Boulevard, approximately 900’ south of Gladiolus 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.(#20060153 – Utilities)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Authorize the Chairwoman, on behalf of the BOCC, to execute Subordination of Utility Interests Agreement and Resolution documents requested by the Florida Department of Transportation (FDOT).

WHAT ACTION ACCOMPLISHES:

Subordinates Lee County easement interests to FDOT at each property.  Lee County Utilities will continue to have utility rights at this property, except now it is subject to the control of FDOT.

MANAGEMENT RECOMMENDATION:

Approval.(#20060160 – Utilities)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Approve construction of a gravity main extension serving Paradise Shops of Estero, Phase 1 to provide sanitary sewer service to this proposed commercial subdivision.  This is a Developer Contributed asset project located along the west side of US 41 South, between Williams Road and Pelican Sound 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. (#20060161 – Utilities)

 

 

(D)

ACTION REQUESTED/PURPOSE: 

Approve an increase to P.O. #73320 in the amount of $72,500.00 for additional costs associated with the after-the fact Emergency under E-05-02 for the Utilities Division to Cabana Construction Co., Inc., for emergency sewer repair on S.R. 80.

WHAT ACTION ACCOMPLISHES: 

Provides for additional emergency work on a major sewer line that was getting ready to collapse.

MANAGEMENT RECOMMENDATION: 

Staff recommends approval (#20060187 – Utilities)

 

 

(E)

ACTION REQUESTED/PURPOSE: 

Award and authorize staff to enter into a Construction Manager Agreement for RFQ-06-03 PINEWOODS WATER TREATMENT PLANT WELLS & RAW WATER MAIN AND CORKSCREW WATER TREATMENT PLANT WELLS & RAW WATER MAIN, to MWH, for the sum of five (5%) percent of the total construction cost of the project.  Also request Board approve waiving of any formal process (if needed) and authorize the use of the Direct Material Purchase Orders based on CM’s competitive process, which allows the County to purchase directly from suppliers of equipment and/or materials as a cost/time saving measure. Also, authorize the Chairwoman to execute the Construction Management agreement upon receipt.

WHAT ACTION ACCOMPLISHES: 

Provides Construction Management services and construction for four (4) raw water supply wells and 6,700 linear feet of raw water supply mains to provide water supply for the Lee County Utilities Pinewoods WTP. Also provides Construction Management services and construction for the expansion of the Corkscrew WTP wellfield and the construction of the required raw watermain for the Corkscrew WTP.

MANAGEMENT RECOMMENDATION:

Staff recommends approval (#20060204 – Utilities)

 

11.

PARKS AND RECREATION

 

(A)

ACTION REQUESTED/PURPOSE:  

Approve and execute agreement between Lee County and the Estero Island Historical Society for Lease of Land at Matanzas Pass Preserve.

WHAT ACTION ACCOMPLISHES: 

Board approval is required for agreements. 

MANAGEMENT RECOMMENDATION:

Approve and execute agreement. (#20060230 – Parks & Recreation)

 

12.

COUNTY ATTORNEY

 

(A)

ACTION REQUESTED/PURPOSE: 

Direct an amendment to Lee County Land Development Code (LDC) Chapter 3 pertaining to development blasting to public hearing as follows:

LPA:    March 27, 2006

1st Public Hearing:   March 28, 2006 at 5:05 p.m.

2nd Public Hearing:  April 11, 2006 at 5:05 p.m.

WHAT ACTION ACCOMPLISHES: 

Satisfies the statutory requirement to hold two public hearings to amend the LDC.    If adopted, the proposed ordinance will serve to incorporate the recommendations of the Blasting Consultant and the Blasting Ad Hoc Committee into the LDC.

MANAGEMENT RECOMMENDATION: 

Approve (#20060186 – County Attorney)

 

 

(B)

ACTION REQUESTED/PURPOSE: 

Consider approval and authorize Chairwoman’s signature on the “Fine Arts Loan Agreement between Lee County and Fort Myers’ Williams Academy-Black History Society” for the loan and public display of a door-size Nigerian artwork at the Williams Academy Museum.

WHAT ACTION ACCOMPLISHES: 

Board of County Commissioner approval is required to finalize the agreement with the Black History Society.  Approval and execution of the agreement will allow the Black History Society to display the artwork at the William Academy Museum for five (5) years.

MANAGEMENT RECOMMENDATION: 

Approval will allow the Black History Society the privilege of displaying this piece at the Museum. (#20060218 – County Attorney)

 

 

(C)

ACTION REQUESTED/PURPOSE:

1) Approve the reinstatement and extension of the Lee County Emergency Resolution Declaring Lee County a Major Disaster Area for the Removal of Hurricane Debris from the Lee County Bridgeless Barrier Islands which authorizes the removal, transportation and disposal of residential hurricane debris and construction and demolition (“C&D”) materials from the Bridgeless Barrier Islands through marinas on Pine Island until August 31, 2006; and 2) Waive certain Land Development Code (LDC) Regulations and their enforcement during the term of the Resolution to facilitate the use of Pine Island marinas for hurricane debris removal from the Barrier Islands.

WHAT ACTION ACCOMPLISHES:

Reinstates and allows for continuances of the Post-Disaster Recovery process for the Bridgeless Barrier Islands until August 31, 2006, in order to insure the safety and welfare of the residents on the Bridgeless Barrier Islands.

MANAGEMENT RECOMMENDATION:

Approve the above requested reinstatement and extension to the Lee County Emergency Resolution, and the waiving of certain LDC Regulations and their enforcement for the use of Pine Island marinas for hurricane debris removal from the Bridgeless Barrier Islands during the term of the Resolution (#20060219 – County Attorney)

 

 

(D)

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.

MANANGEMENT RECOMMENDATION:

(#20060226 – 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 Ronald A. Czarnecki.  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  (#20060220-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.

WHY ACTION IS NECESSARY:

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) – (#20060221 – Clerk of Court)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant-Swearingen & Associates, Inc – David M. Perkins.  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  (#20060222-Clerk of Court)

 

 

(D)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant- Best Ventures, 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  (#20060223-Clerk of Court)

 

 

(E)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant- Marjorie Marcus.  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  (#20060224-Clerk of Court)

 

 

(F)

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  (#20060229-Clerk of Court)

 

 

(G)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant- Thomas George Destache.  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  (#20060228-Clerk of Court)

 

 

(H)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant- Lynn M. Holston.  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  (#20060227-Clerk of Court)

 

 

(I)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant- CKR Properties, LLC.  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  (#20060243-Clerk of Court)

 

 

(J)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant- Joanne Pearson.  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  (#20060251-Clerk of Court)

 

 

(K)

ACTION REQUESTED/PURPOSE:

Presentation to the Board of County Commissioners the Lee County’ Port Authority’s financial statements for fiscal year 2005.

WHAT ACTION ACCOMPLISHES:

Provides public notice of the availability of the audited financial statements to the citizens of Lee County.

MANAGEMENT RECOMMENDATION:

(#20060258 – Clerk of Court)

 

 

(L)

ACTION REQUESTED/PURPOSE:

Presentation to the Board of County Commissioners the Lee County Comprehensive Annual Financial Report (CAFR) for fiscal year 2005.

WHAT ACTION ACCOMPLISHES:

Provides public notice of the availability of the audited financial statements to the citizens of Lee County.

MANAGEMENT RECOMMENDATION:

(#20060259 – Clerk of Court)

 

 

(M)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant- Margaret H Ankney.  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  (#20060225-Clerk of Court)

 

 

ADMINISTRATIVE AGENDA

March 14, 2006

 

 

1.

COUNTY ADMINISTRATION

 

(A)

ACTION REQUESTED/PURPOSE:

Approve in concept threshold changes as outlined in the “Background” below relating to Lee County’s Purchasing Policy and Procedures and Lee County’s Contract Management Policy and Procedures.  Adopt authorizing resolution to change Administrative Codes  AC-4-1  and AC-4-4 accordingly.  Additionally, authorize the County Manager to develop the guidelines for implementing these changes and administratively approve procedural changes to the Purchasing and the Contracts manuals as necessary.

WHAT ACTION ACCOMPLISHES:

Provides a mechanism to facilitate procurement activities while still retaining safeguards (oversight) in the process and authorization thresholds.

MANAGEMENT RECOMMENDATION:  

Approve changes outlined below. (#20060216 - County Administration)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Approval of Memorandom of Understanding between BoCC and FGCU’s Small Business Development Center for their administration of county’s Disadvantaged Business Enterprise program for one (1) year at $65,000.00.  Approve transfer of funds from General Fund in the amount of $15,000 to cover cost of MOU with FGCU for one year.

WHAT ACTION ACCOMPLISHES:

Renews for one (1) year outsourced administration of the County’s Disadvantaged Business Enterprise program.  Provides for education, outreach, training and consulting on various issues faced by small businesses to DBEs, as well as provision of networking and “matchmaking” events.  Requires quarterly and annual reporting of efforts in this regard.

MANAGEMENT RECOMMENDATION:

Staff recommends approval of requested motion. (#20060235 – 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

13.

HEARING EXAMINER

14.

PORT AUTHORITY

15.

CONSTITUTIONAL OFFICERS


WALK ON AGENDA

March 14, 2006
 

#1

Walk On

 

ACTION REQUESTED/PURPOSE:
Approve award of formal quotation (RFP B&R 2661-SE 205) and issuance of a purchase order to Square-D, the low priced proposer meeting all specification requirements for the 480 Volt Motor Control Centers (MCCs) for a not to exceed amount of $303,055.00 plus an allowance of $16,000.00 for adjustments for motor size changes and field technical services if requested by County.
WHAT ACTION ACCOMPLISHES:
Provides the necessary 480 volt motor control centers (MCC) for the Waste To Energy Expansion Project.
MANAGEMENT RECOMMENDATION: 
Staff recommends approval of this request. (#20060273 – Solid Waste)
REASON FOR WALK ON:
Expedited approval is required to avoid future schedule problems during construction.

 

 

PUBLIC AGENDA

March 14, 2006

 

5:00 PM

#1

Public Hearing

 

ACTION REQUESTED/PURPOSE:

Approval of an ordinance creating the Gasparilla Island Municipal Service Taxing Unit and repealing Lee County Ordinance Nos. 81-63 and 92-28.

WHAT ACTION ACCOMPLISHES:

Provides legal authority to expand the current scope of services of the municipal service taxing unit to include invasive exotic animal species control.

MANAGEMENT RECOMMENDATION:

Approve (#20060077 – Public Resources)

 

 

#2

Public Hearing

 

 

ACTION REQUESTED/PURPOSE: 

Adopt a resolution approving a proposed interpretation of Lee Plan Objective 14.2 and Policy 14.2.2, relating to interpretation and implementation of the Pine Island 810/910 rule.

WHY ACTION IS NECESSARY: 

The Board of County Commissioners must render the final decision as to the correct interpretation of provisions of the Lee Plan. (Chapter XIII, Lee Plan)

MANAGEMENT RECOMMENDATION: 

Adopt the resolution. (#20060242 – Community Development)

 

 

5:05 PM

 

#1

Public Hearing

 

 

ACTION REQUESTED/PURPOSE:  

Conduct first public hearing on proposed amendments to Land Development Code (LDC) Chapter 2 pertaining to the Fire and EMS Impact Fee Update.  After hearing, direct ordinance to second public hearing on March 28, 2006.

WHAT ACTION ACCOMPLISHES:  

Public hearings are required under Florida Law.

MANAGEMENT RECOMMENDATION:  

Allows for discussion and public input on proposed amendments (#20060234 - County Attorney)

 

 

#2

Public Hearing

 

 

ACTION REQUESTED/PURPOSE: 

Conduct first public hearing regarding an ordinance amending Lee County Land Development Code (LDC) Chapter 34 pertaining to resource recovery facilities; Direct the proposed ordinance to a second public hearing on March 28, 2006 at 5:05 p.m. in the Commission Chambers.

WHAT ACTION ACCOMPLISHES: 

Satisfies the statutory requirement to hold two public hearings to amend the LDC.  If adopted, this amendment will require the establishment of resource recovery facilities such as wood chipping and similar operations to be first reviewed and approved by the BOCC as part of a planned development.

MANAGEMENT RECOMMENDATION: 

Approve. (#20060214 – County Attorney)

 

 

5:05 PM

Public Presentation of Matters by Citizens

 

 

Adjourn