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

 

 

April 25, 2006

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

All back up for this agenda is available on the Internet at http://www.lee-county.com. Additional information is available in the Public Resources Office, 1st Floor, Administration Building, 2115 Second St., Fort Myers, FL

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

COMMISSION CHAMBERS, 2120 MAIN STREET, FORT MYERS, FLORIDA

 

9:30 AM

Invocation:

Pastor Walter Still

Peace Lutheran Church ELCA

 

 

 

 

Pledge of Allegiance

 

 

 

 

Presentations:

CP 1

 

·         

Terry Park Centennial Celebration Day (#20060410 – Commissioner Judah)

 

 

 

CP 2

 

·         

Parks & Recreation Accreditation Commission (#20060411 – Commissioner Hall)

 

 

 

CP 3

 

·         

Ira G. Hawk Day (#20060470 – 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

 

 

 

Walk-ons and Carry-overs

 

 

 

Commissioners' Items/Committee Appointments

 

 

 

County Manager Items

 

 

 

County Attorney Items

 

 

 

Public Presentations of Matters by Citizens

 

 

 

Adjourn


CONSENT AGENDA

April 25, 2006

 

1.

COUNTY ADMINISTRATION

2.

CONSTRUCTION AND DESIGN

 

(A)

ACTION REQUESTED/PURPOSE: 

Approve Construction Manager Addendum under RFQ-05-07 COUNTY-WIDE CONTRACT FOR CONSTRUCTION MANAGEMENT, to The Chris-Tel Company of Southwest Florida, Inc., for the Terry Park Batter’s Cage Building project, for a Guaranteed Maximum Price (GMP) of $114,987.00 (includes CM Fee of $10,454.00).  Also, approve the alternate in the amount of $10,450.00.  The total project completion time is 90 days.  Also request 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 the Chairwoman to execute Addendum upon receipt.  Also approve budget transfer in the amount of $150,000.00 from Capital Improvement Fund Reserves to the Terry Park Batter’s Cage Building project and amend FY 05/06-09/10 CIP accordingly. 

WHAT ACTION ACCOMPLISHES: 

Provides Lee County with a Construction Manager to provide concrete, steel, electrical work, painting and site repairs for construction of the Batter’s Cage Building at Terry Park.  An alternate of galvanized steel in lieu of paint was also provided.

MANAGEMENT RECOMMENDATION: 

Approval recommended. (#20060390 – Construction & Design)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Approve Addendum to the Construction Manager Agreement (Contract #2079) for the project known as RFQ-02-02 OAK HILL COMMUNITY PARK (AKA ESTERO COMMUNITY PARK) MAINTENANCE BUILDING, to J.L. Wallace, Inc., with a Guaranteed Maximum Price of $1,758,684.76 (includes CM fee of $99,548.19 or 6%).  At this time it is being requested 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 approve budget Transfer of $1,842,858 from the interfund transfer account used to repay the loan and interest to the General Fund to the Oak Hill Community Park project and amend FY 05/06 – 09/10 CIP accordingly. Also authorize Chairwoman to execute Addendum upon receipt. This project was in future CIP and funds will be available within the budget.

WHAT ACTION ACCOMPLISHES:

Authorizes the Construction Manager, J.L. Wallace, Inc. to begin work for the Oak Hill Community Park for a 2,160 s.f. maintenance building, including a dumpster enclosure, material storage bins, outside storage area, and fencing around the area.

MANAGEMENT RECOMMENDATION: 

Staff recommends approval (#20060394 – Construction & Design)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Approve the Construction Manager (CM) Agreement under RFQ-05-07 COUNTY-WIDE CONTRACT FOR CONSTRUCTION MANAGEMENT, for the project known as ADDITION TO FIRE STATION #2 @ TERRY PARK to Lodge Construction, Inc., for a total Guaranteed Maximum Price (GMP) of $474,199.00 (includes CM fee of $35,695.27), with a total completion time of three (3) 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. This project was anticipated and funds are available within the budget. Further authorize Chairwoman to execute the CM Agreement.

WHAT ACTION ACCOMPLISHES: 

Provides Lee County with a Construction Manager for the addition of living quarters to Fire Station #2 @ Terry Park to include, but not limited to site clearing, development and construction.

MANAGEMENT RECOMMENDATION: 

Staff Recommends Approval. (#20060455 – Construction & Design)

 

3.

COUNTY COMMISSIONERS

4.

COMMUNITY DEVELOPMENT

5.

HUMAN SERVICES

 

(A)

ACTION REQUESTED/PURPOSE:

Approve amendments to Administrative Code 15-1, Community Action Agency/Neighborhood District Committee and Administrative Code 15-2, Citizen Participation Plan for the U.S. Department of Housing and Urban Development (HUD) Consolidated Plan.  Sign the HUD transmittal letter. Adopt resolution relating to the amendments to Administrative Codes 15-1 and 15-2.

WHAT ACTION ACCOMPLISHES:

Adds the HUD Emergency Shelter Grant (ESG) entitlement to the scope of the Lee County HUD Citizen Participation Plan and the scope of the Community Action Agency Neighborhood District Committee; minor changes are needed to coordinate the language describing the scope of the Community Action Agency Neighborhood District Committees with description of that committee in the Lee County HUD Citizen Participation Plan.

MANAGEMENT RECOMMENDATION:

Add the new HUD ESG entitlement program to the scope of the Community Action Agency Neighborhood District Committees and the Lee County HUD Citizen Participation Plan; coordinate the language describing the scope of the Community Action Agency Neighborhood District Committees and the Lee County HUD Citizen Participation Plan.

(#20060469 – Human Services)

 

6.

INDEPENDENT

 

(A)

ACTION REQUESTED/PURPOSE: 

Authorize:  1) the Division of County Lands to make a binding offer to property owner in the amount of $285,000 for Parcels 103 – 109WPE, Corkscrew Road Water Treatment Plant Wellfield Expansion, Project No. 7097, pursuant to the Purchase Agreement; 2) payments of costs to close and the Division of County Lands to handle and accept all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner.

MANAGEMENT RECOMMENDATION: 

Approve. (#20060382 – County Lands)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Adopt a resolution authorizing compliance with Federal Transit Administration program requirements and allow authorized staff to submit and manage grants through the TEAM system.

WHAT ACTION ACCOMPLISHES:

Adopts a resolution authorizing compliance with FTA grant requirements and authorizing LeeTran to complete and submit the necessary Federal Transit Administration forms to apply for and manage grant funds and projects electronically through the Transportation Electronic Award Management (TEAM) system upon receiving BOCC approval.

MANAGEMENT RECOMMENDATION:

Adopt the proposed resolution allowing the completion of FTA grant management procedures and electronic grant management through TEAM. (#20060457 – Transit)

 

7.

PUBLIC SAFETY

 

(A)

ACTION REQUESTED/PURPOSE:

Adopt a resolution to approve changing a street name on a platted street: as recorded a portion of Apple Blossom Dr. (between lots 201 and 230) in instr #2005-166038; to be changed to Yellow Wood Dr.

WHAT ACTION ACCOMPLISHES:

This will eliminate the multiple intersections with the same name.

MANAGEMENT RECOMMENDATION:

Staff recommends approval (#20060449 – Public Safety)

 

 

(B)

ACTION REQUESTED/PURPOSE: 

Approve transfer from All Hazards Protection Fund 182 Reserves in the amount of $49,920.00 for Sunbelt Rentals to reserve and guarantee delivery of seven generators within 72 hours from order.  Also amend FY05/06 All Hazards Protection Fund 182 budget accordingly.

WHAT ACTION ACCOMPLISHES: 

Allows the Division of Public Safety to secure emergency generators for 2006 Hurricane Season targeted facilities requiring emergency power.  Board approval is required for any transfer from reserves. 

MANAGEMENT RECOMMENDATION: 

Staff recommends approval. (#20060475 – Public Safety)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

(A)

ACTION REQUESTED/PURPOSE: 

Approve Change Order No. 5 under B-02-15 Transport of Municipal Solid Waste with Carlos Trucking, Inc. (Lee County Contract No. 2124) to extend the contract for the transfer of solid waste from the Lee and Lee/Hendry County transfer stations for one additional year at the current rates.

WHAT ACTION ACCOMPLISHES:

Provides additional solid waste transfer services for hurricane-related volume increases from Hendry County.

MANAGEMENT RECOMMENDATION:

Staff recommends approval. (#20060415 – Solid Waste)

 

9.

TRANSPORTATION

10.

UTILITIES

 

(A)

ACTION REQUESTED/PURPOSE:

Approve final acceptance, by Resolution and recording of one (1) Utility Easement, as a donation of one (1) 6’’ diameter fire line, one (1) fire hydrant one (1) sewer service and two (2) water services serving Gladiolus Commons to provide potable water service, fire protection and sanitary sewer service to this recently constructed commercial building. This is a Developer Contributed asset project located on the southwest corner of Gladiolus Drive and Preserve Blvd.

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. (#20060294 – Utilities)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Approve final acceptance as a donation of one (1) 8’’diameter fire line, one (1) fire hydrant and two (2) water services serving Sanibel Harbour Yacht Club to provide potable water service and fire protection to this recently reconstructed boat storage facility and commercial building. This is a Developer Contributed asset project located on the west side of Harbour Point Drive approximately 1,000’ north of Punta Rassa 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. (#20060296 – Utilities)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Approve final acceptance, by Resolution and recording of one (1) Utility Easement, as a donation of one (1) 6’’ diameter fire line and one (1) water service serving Raymond Building Supply  to provide potable water service and fire protection to this recently constructed commercial building. This is a Developer Contributed asset project located on the southwest side of Interstate Court approximately 500’ northwest of East Street.

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. (#20060305 – Utilities)

 

 

(D)

ACTION REQUESTED/PURPOSE:

Approve final acceptance, by Resolution, and recording of one (1) utility easement as a donation of one (1) fire hydrant serving Magnolia Landing f/n/a The Club at Heron’s Glen temporary fire hydrant to provide fire protection to this recently constructed maintenance building. This is a Developer contributed asset project located on the east side of N. Tamiami Trail 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. (#20060327 – Utilities)

 

 

(E)

ACTION REQUESTED/PURPOSE:

Approve construction of a water main and force main extension serving Alico 14 of SW Florida, Inc. to provide potable water service, fire protection and sanitary sewer service to this proposed industrial subdivision. This is a Developer Contributed asset project located along the west side of Gator Road approximately 1,000‘ north of Alico 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. (#20060336 – Utilities)

 

 

(F)

ACTION REQUESTED/PURPOSE:

Approve construction of two (2) 10’’ diameter master meter assemblies, one (1) gravity main connection and one (1) force main connection serving Palazzo Del Sol to provide potable water service, fire protection and sanitary sewer service to this proposed 365 unit, multi-family residential community. This is a Developer Contributed asset project located at the southwest corner of McGregor Boulevard 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. (#20060337 – Utilities)

 

 

(G)

ACTION REQUESTED/PURPOSE:

Approve construction of a water main and gravity main extension serving Verandah, Fairway Cove to provide potable water service, fire protection and sanitary sewer service to this phase of the proposed single-family residential development. This is a Developer Contributed asset project located on the south side of SR 80 approximately 1-1/2 miles west of Buckingham 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. (#20060361 – Utilities)

 

11.

PARKS AND RECREATION

12.

COUNTY ATTORNEY

13.

HEARING EXAMINER

14.

PORT AUTHORITY

15.

CONSTITUTIONAL OFFICERS

 

(A)

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.  Compliance with the requirements of FS 136.06(1).

MANAGEMENT RECOMMENDATION:

Approve  (#20060412 – Clerk of Court)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Present financial report for information purposes.

WHAT ACTION ACCOMPLISHES:

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 Statutes, 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.  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:

Approve  (#20060413 – Clerk of Court)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant- Diamond Title, 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  (#20060459 – Clerk of Court)

 

 

(D)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant- Blackford.  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  (#20060460 – Clerk of Court)

 

 

(E)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant- Swearingen.  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  (#20060461 – Clerk of Court)

 

 

(F)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant- Swearingen.  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  (#20060462 – Clerk of Court)

 

 

ADMINISTRATIVE AGENDA

April 25, 2006

 

1.

COUNTY ADMINISTRATION

2.

CONSTRUCTION AND DESIGN

 

(A)

ACTION REQUESTED/PURPOSE: 

Approve the First Amendment to the Land Lease Agreement between Lee County and the Island School, Inc. for the Boca Grande Charter School.  Authorize the Chairwoman’s signature on the First Amendment.

WHAT ACTION ACCOMPLISHES: 

Board of County Commissioners’ approval is required to finalize the agreement with the Island School, Inc. (“School”).  Approval will allow the School to contract directly with the construction contractor (Casey Construction, Inc.) so that construction of the new school may commence.  Approval will also allow the School to continue using the community center, while the new school is constructed.

MANAGEMENT RECOMMENDATION: 

Staff recommends approval of the First Amendment to the Lease Agreement.

(#20060464 – Construction & Design)

 

3.

COUNTY COMMISSIONERS

4.

COMMUNITY DEVELOPMENT

 

(A)

ACTION REQUESTED/PURPOSE: 

Approve an agreement with the Captiva Property Owners Association, Inc. to provide financial support up to $25,000 for the drafting of an additional Lee Plan policy and Land Development Code regulations to further implement the Captiva Community Plan.

WHAT ACTION ACCOMPLISHES: 

Sets forth requirements for the issuance of Sector Planning funds to the Captiva Property Owners Association, Inc. for the drafting of an additional Lee Plan policy and Land Development Code regulations.

MANAGEMENT RECOMMENDATION:

Approval of the community planning agreement.  (#20060465 – Community Development)

 

5.

HUMAN SERVICES

6.

INDEPENDENT

7.

PUBLIC SAFETY

8.

SOLID WASTE-NATURAL RESOURCES

 

(A)

ACTION REQUESTED/PURPOSE:  

Review Project Cooperation Agreements (PCAs) with the Department of the Army (Corps of Engineers) for the restoration of beaches on Gasparilla Island and Estero Island.  Approve and authorize Chairwoman to execute both agreements.

WHAT ACTION ACCOMPLISHES:  

Formalizes the project partnership between Lee County and the Army for implementation of the Shore Protection Project; defines responsibilities of each party including federal reimbursement of County expenses.

MANAGEMENT RECOMMENDATION: 

The Board of County Commission passed a motion to enter into the agreement with the Corps of Engineers at the April 11, 2006 meeting. (#20060468 – Natural Resources)

 

9.

TRANSPORTATION

10.

UTILITIES

11.

PARKS AND RECREATION

12.

COUNTY ATTORNEY

 

(A)

ACTION REQUESTED/PURPOSE: 

Adopt a resolution amending the Deep Lagoon Marina DRI Development Order to increase the building height from 42 feet to 48 feet.

WHAT ACTION ACCOMPLISHES: 

If the Resolution is adopted, it will serve to amend the Deep Lagoon Marina DRI Development Order, through an expedited process in accordance with Florida Statutes and the Lee County Land Development Code, to increase the building height from 42 feet to 48 feet.

MANAGEMENT RECOMMENDATION:

Approve (#20060421 – County Attorney)

 

13.

HEARING EXAMINER

14.

PORT AUTHORITY

15.

CONSTITUTIONAL OFFICERS

 

WALK ON AGENDA

April 25, 2006
 

#1

Walk On

 

ACTION REQUESTED/PURPOSE:
Meet as Board of Directors of the Lee County Governmental Leasing Corporation to hold Annual Meeting and approve 2006 Annual Report in accordance with Chapter 617, Florida Statutes.
WHAT ACTION ACCOMPLISHES:
Maintains non-profit corporate status.
MANAGEMENT RECOMMENDATION:
Approve 2006 Annual Report of the Lee County Governmental Leasing Corporation
REASON FOR WALK ON
The Annual Report for the Leasing Corporation must be filed with the State of Florida by May 1, 2006. Therefore, in consideration of the stated time frame, it is necessary to hold the Corporation’s annual meeting on April 25th. (#20060511 – County Attorney)