Ray Judah

District #4

Tammy Hall

Chairwoman

District #5

John E. Albion

Donald D. Stilwell

County Manager

David M. Owen County Attorney

May 02, 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, 1^st 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 Richard E. Riley	Emmanuel Baptist Church

	Pledge of Allegiance

	Presentations:
CP 1		·	Salvation Army Week – (#20060458 – Commissioner Albion)

CP 2		·	National Safe Kids Week – (#20060491 – Commissioner Judah)

CP 3		·	Comer Taylor Appreciation – (#20060512 – 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

	Adjourn

CONSENT AGENDA

May 02, 2006

1.	COUNTY ADMINISTRATION
		(A)	ACTION REQUESTED/PURPOSE: Present to the Board for information and filing the Object Code #504015 Expenditure Detail Report for the second quarter of FY05-06 (January through March 2006) as required by Lee County Ordinance #90-18. WHAT ACTION ACCOMPLISHES: Allows Board to monitor expenditures being made by County Departments and Divisions to this object code. MANAGEMENT RECOMMENDATION: Approve (#20060472 – County Manager)
		(B)	ACTION REQUESTED/PURPOSE: Request Board execute Agreement between the Lee County Board of County Commissioners and the School Board of Lee County for the Driver’s Education Program and authorize release of $90,000.00 from the funds collected through Lee County Ordinance #02-28 Dori Slosberg Driver Safety Education Act. Authorize Chairwoman to execute agreement upon receipt from the School Board of Lee County. WHAT ACTION ACCOMPLISHES: Provides approval for the release of funds collected for use of the Driver’s Education Program with the School Board of Lee County. MANAGEMENT RECOMMENDATION: Staff recommends approval. (#20060482 – Budget Services)
		(C)	ACTION REQUESTED/PURPOSE: Approve the Interlocal Agreement between Lee County (“County”) and the City of Sanibel (“City”) for the County’s financial participation in the construction costs of the City’s Recreational Complex. Authorize Chairwoman’s signature on the Interlocal Agreement. WHAT ACTION ACCOMPLISHES: Finalizes the Interlocal Agreement for funding with the City of Sanibel. MANAGEMENT RECOMMENDATION: County staff recommends approval. (#20060488 – County Manager)
		(D)	ACTION REQUESTED/PURPOSE: Request Board execute Agreement between the Lee County Board of County Commissioners and Bishop Verot High School for the Driver’s Education Program and authorize release of $20,000.00 from the funds collected through Lee County Ordinance #02-28 Dori Slosberg Driver Safety Education Act. Authorize Chairwoman to execute agreement upon receipt from Bishop Verot High School. WHAT ACTION ACCOMPLISHES: Provides approval for the release of funds collected for use of the Driver’s Education Program with Bishop Verot High School. MANAGEMENT RECOMMENDATION: Staff recommends approval. (#20060497 – Budget Services)

		(E)	ACTION REQUESTED/PURPOSE: Request amendment to Administrative Code AC-3-21 and adopt resolution authorizing the amendment. WHAT ACTION ACCOMPLISHES: Authorizes meal reimbursements for hired consultants, advisors and other contracted professionals to be paid in accordance with the most recent Runzheimer Travel Guide. MANAGEMENT RECOMMENDATION: Recommend approval. (#20060506 – Budget Services)
2.	CONSTRUCTION AND DESIGN
		(A)	ACTION REQUESTED/PURPOSE: Approve the Construction Manager (CM) Agreement under RFQ-05-07 COUNTY-WIDE CONTRACT FOR CONSTRUCTION MANAGEMENT, for the project known as RIVERDALE HIGH SCHOOL HURRICANE SHELTER PROJECT to Westco Builders of Florida, Inc., for a total Guaranteed Maximum Price (GMP) of $209,725.00 (includes CM fee of $17,850.00), with a total completion time of 60 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. Funds are available for this project. Further authorize Chairwoman to execute the CM Agreement. WHAT ACTION ACCOMPLISHES: Provides Lee County with a Construction Manager for the Riverdale High School Hurricane Shelter Project to include, but not limited to: installation of new mechanically operated rolling shutters. MANAGEMENT RECOMMENDATION: Staff Recommends Approval. (#20060477 – Construction & Design)
		(B)	ACTION REQUESTED/PURPOSE: Approve the Construction Manager (CM) Agreement under RFQ-05-07 COUNTY-WIDE CONTRACT FOR CONSTRUCTION MANAGEMENT, for the project known as DIPLOMAT ELEMENTARY SCHOOL GENERATOR PROJECT to Westco Builders of Florida, Inc., for a total Guaranteed Maximum Price (GMP) of $164,262.00 (includes CM fee of $14,482.00), with a total 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. Funds are available for this project. Further authorize Chairwoman to execute the CM Agreement. WHAT ACTION ACCOMPLISHES: Provides Lee County with a Construction Manager for the Diplomat Elementary School Generator Project to include, but not limited to: installation of a new 250 kw generator and automatic transfer switch adjacent to the equipment room and modifications to the shutters. MANAGEMENT RECOMMENDATION: Staff Recommends Approval. (#20060478 – Construction & Design)
3.	COUNTY COMMISSIONERS

4.	COMMUNITY DEVELOPMENT
		(A)	ACTION REQUESTED/PURPOSE: Approve purchase awards for the Reconfiguration Project for the second and third floors of the County/City Annex to include: Formal Quotation no.: EX060406 from the State of Florida Contract no.: 425-001-06-1 for the purchase of office furniture from Herman Miller, to include design and installation, for the cost of $196,146.85; Informal Quotation IT060407 for the voice and data cabling from Building Network Solutions for the amount of $40,550.00; Internal remodel work for counters, etc. for $15,000.00; For future configuration and furniture of three conference rooms for $50,000.00; and 10% for incidentals, to include but not limited to: internal signage, Muzak relocation, temporary moving services, additional cleaning services, etc. Total project cost is estimated to be $331,867.00 of which $175, 000.00 in funds have already been transferred from bluesheet #20060159 (2/28/06 agenda), so an additional $156,867.00 in funds from reserves is requested at this time. WHAT ACTION ACCOMPLISHES: Provides workstations and a more efficient work flow to accommodate additional staff hired over the last two years for the record number of building inspections, and additional code enforcement. MANAGEMENT RECOMMENDATION: Approve as stated. (#20060483 – Community Development)
		(B)	ACTION REQUESTED/PURPOSE: Concur with the ranking of Consultants by the Qualification Selection Committee for RFQ-06-05 LEHIGH ACRES COMPREHENSIVE PLANNING STUDY, in the following order of ranking, and authorize contract negotiations to commence with the number one ranked firm: (1) Wallace Roberts & Todd, LLC; (2) The RMPK Group; ((3) EDAW, Inc.; and (4) Carter Burgess. WHAT ACTION ACCOMPLISHES: Provides Lee County with a Consultant to develop a proactive program of development and redevelopment of land uses and infrastructure so that Lehigh Acres can become a balanced community. MANAGEMENT RECOMMENDATION: Approval recommended. (#20060508 – Community Development)
5.	HUMAN SERVICES
		(A)	ACTION REQUESTED/PURPOSE: Amend a contract between the State of Florida Department of Community Affairs and the Board of County Commissioners to receive an additional $387,188 for the Low Income Home Energy Assistance Program (LIHEAP); approve a budget amendment resolution. WHAT ACTION ACCOMPLISHES: Will provide a total of $860,492 in grant funds for assistance with energy costs to qualified Lee County households MANAGEMENT RECOMMENDATION: Approve and sign a Modification of Agreement between Florida Department of Community Affairs and Lee County Board of County Commissioners to receive additional Low Income Home Energy Program funds; approve a budget amendment resolution. (#20060500 – Human Services)

6.	INDEPENDENT
		(A)	ACTION REQUESTED/PURPOSE: Approve Supplemental Task Authorization (STA) No. 5 under CN-04-03 MSBU MASTER CONTRACT for the Emily Lane Water and Sewer Systems project, to JRI Engineering, Inc., in the amount of $110,500.00. Also authorize Chairwoman to execute STA on behalf of the Board. This STA was anticipated and funds are available. WHAT ACTION ACCOMPLISHES: Provides Lee County with a Consultant to research, survey, top, coordinate meeting, prepare engineering calculations, base sheet and profiles, engineering design and drafting, specifications, shop drawing review, construction observation and final certifications for the Emily Lane Water and Sewer Systems project. MANAGEMENT RECOMMENDATION: Approval recommended. (#20060473 – MSTBU Services)
		(B)	ACTION REQUESTED/PURPOSE: Authorize LeeTran to submit a grant proposal to the US Department of Transportation, Federal Transit Administration requesting funding for a planning study under the Alternative Transportation in the Parks and Public Lands Program. WHAT ACTION ACCOMPLISHES: Allows LeeTran staff to submit a grant proposal to fund a planning study. MANAGEMENT RECOMMENDATION: Recommend approval and authorization to proceed with the application process. (#20060509 – Transit)
7.	PUBLIC SAFETY
8.	SOLID WASTE-NATURAL RESOURCES
9.	TRANSPORTATION
		(A)	ACTION REQUESTED/PURPOSE: Approve Change Order No. 4, under CN-98-08 THREE OAKS PARKWAY FROM 6,500+/- FEET NORTH OF ALICO ROAD TO FIDDLESTICKS BOULEVARD AND WIDENING OF FIDDLESTICKS BOULEVARD FROM TWO (2) LANES TO FOUR (4) LANE TO DANIELS PARKWAY, to Avalon Engineering, Inc. in the amount of $410,728.00. This Change Order also includes an increase in the Consultants' fees. 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 Consultant to revise typical section of Three Oaks Parkway to include curb and gutter, drainage, sidewalks and bike lane, revise alignment in the southern portion to avoid future location of the SW Fla. International Airport 1-75 access interchange, revise the Indian Paint/Indian Pony intersection and include curb and gutter, closed drainage, sidewalks and bike lane, lake addition, surveying and additional soil boring. MANAGEMENT RECOMMENDATION: Approval recommended. (#20060442 – Transportation)

		(B)	ACTION REQUESTED/PURPOSE: Approve Change Order No. 2 to Contract 3036, project B-05-04 SUMMERLIN ROAD SIX LANING in the amount of $447,871.76 for additional work requested by Lee County DOT and Lee County Utilities. Also approve budget transfer in the amount of $25,000.00 from Lee County Utilities Capital Improvement Fund Reserves to the Water/Sewer Line Relocation – Summerlin Widening project and amend FY 05/06 – 09/10 CIP accordingly. Also, authorize Chairwoman to execute Change Order on behalf of the Board. This Change Order was anticipated and funds will be available upon execution of the attached Request For Transfer of Funds. WHAT ACTION ACCOMPLISHES: Provides Lee County with a Contractor to perform additional work on the Summerlin Road Six Laning project. Also allows Contractor additional time to perform the requested work. MANAGEMENT RECOMMENDATION: Approval recommended. (#20060467 – Transportation)
		(C)	ACTION REQUESTED/PURPOSE: Declare an Emergency (E-06-03) and approve an after-the–fact expenditure to Pavement Management, Inc., of up to $300,000.00 for emergency repairs to various streets in Lehigh Acres. WHAT ACTION ACCOMPLISHES: Provides Lee County with a Contractor to repair various streets in Lehigh Acres, allowing mail service to resume to Lehigh Acres residents. MANAGEMENT RECOMMENDATION: Approval recommended. (#20060486 – Transportation)
10.	UTILITIES
11.	PARKS AND RECREATION
		(A)	ACTION REQUESTED/PURPOSE: Initiate rezonings on four FCT projects (San Carlos Bay – Bunche Beach Preserve, Caloosahatchee Creeks Preserve, Prairie Pines Preserve, and Wild Turkey Strand Preserve). Zoning designations should be changed to Environmentally Critical to reflect the use of the property and not conflict with the Future Land Use Map. WHAT ACTION ACCOMPLISHES: The rezonings are requirements of the Florida Communities Trust grant program for the four grants received by Lee County totaling $11,688,669.70. MANAGEMENT RECOMMENDATION: To direct the Division of Planning to change the zoning category to Environmentally Critical. (#20060480 – Parks & Recreation)
		(B)	ACTION REQUESTED/PURPOSE: Approve updated management plan for the Matanzas Pass Preserve. WHAT ACTION ACCOMPLISHES: Provides a modern, updated management plan for the Matanzas Pass Preserve. MANAGEMENT RECOMMENDATION: Management recommends the Board approve the updated management plan for Matanzas Pass Preserve. (#20060490 – Parks & Recreation)

		(C)	ACTION REQUESTED/PURPOSE: Request Board approve and execute Contractor Agreement between the Southwest Florida Regional Planning Council and Lee County in the amount of $16,000 for the completion of the project “Melaleuca Removal from Pop Ash Creek Preserve”. WHAT ACTION ACCOMPLISHES: Allows completion of the Melaleuca Removal from Pop Ash Creek Preserve. MANAGEMENT RECOMMENDATION: Allows additional funding to assist with the completion of the Melaleuca Removal from Pop Ash Creek Preserve. (#20060492 – Parks & Recreation)
12.	COUNTY ATTORNEY
13.	HEARING EXAMINER
14.	PORT AUTHORITY
15.	CONSTITUTIONAL OFFICERS
		(A)	ACTION REQUESTED/PURPOSE: Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – Diaz. 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 (#20060493 – Clerk of Court)
		(B)	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: Approve (#20060505 – Clerk of Court)

ADMINISTRATIVE AGENDA

May 02, 2006

1.	COUNTY ADMINISTRATION
2.	CONSTRUCTION AND DESIGN
3.	COUNTY COMMISSIONERS
4.	COMMUNITY DEVELOPMENT
5.	HUMAN SERVICES
6.	INDEPENDENT
7.	PUBLIC SAFETY
8.	SOLID WASTE-NATURAL RESOURCES
9.	TRANSPORTATION
10.	UTILITIES
11.	PARKS AND RECREATION
12.	COUNTY ATTORNEY
		(A)	ACTION REQUESTED/PURPOSE: Execute Interlocal Agreement between Lee County and School Board regarding the establishment of an ongoing program allowing for the use of interest accrued on school impact fee collections to fund a partial subsidy for providers of moderate, low, and very low income housing in Lee County, as well as very low, low, and moderate income households. WHAT ACTION ACCOMPLISHES: Allows for 80 percent of the interest accrued on school impact fee each quarter to be placed in a fund earmarked to provide partial subsidies to qualifying applicants. MANAGEMENT RECOMMENDATION: Execute interlocal agreement. (#20060494 – County Attorney)
		(B)	ACTION REQUESTED/PURPOSE: Adopt resolution amending Administrative Code 13-4, which establishes procedures for the partial reimbursement of school impact fees to providers of moderate, low, and very low income housing. WHAT ACTION ACCOMPLISHES: Amendment is necessary to make partial reimbursement available Countywide and to expand its scope to include providers of moderate income households. MANAGEMENT RECOMMENDATION: Approve amendment to Administrative Code 13-4. (#20060495 – County Attorney)
		(C)	ACTION REQUESTED/PURPOSE: Elect three members of the Board of County Commissioners to serve on the 2006 Value Adjustment Board (VAB). Direct an organizational meeting of the Board to be held in June, 2006. WHAT ACTION ACCOMPLISHES: Establishes Board of County Commissioners membership for the 2006 Value Adjustment Board. MANAGEMENT RECOMMENDATION: Management recommends Board approval of the Action Requested. (#20060510 – County Attorney)
13.	HEARING EXAMINER
14.	PORT AUTHORITY
15.	CONSTITUTIONAL OFFICERS

CARRY OVER AGENDA

May 02, 2006

Carry Over

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)
REASON FOR CARRY OVER:
Board directed.

Ray Judah

Chairwoman

May 02, 2006

CP 1

Carry Over