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

 

 

June 13, 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 Tony Cubello

Branch of Life Christian Fellowship 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 until 5:00 PM


CONSENT AGENDA

June 13, 2006

 

1.

COUNTY ADMINISTRATION

2.

CONSTRUCTION AND DESIGN

3.

COUNTY COMMISSIONERS

4.

COMMUNITY DEVELOPMENT

5.

HUMAN SERVICES

 

(A)

ACTION REQUESTED/PURPOSE:

A.  Approve medical consultations, performed to determine evidence of child abuse or neglect, as an allowable expense to be paid by Lee County.

B.  Sign attached amendment to contract 3319 between Lee County and Children’s Advocacy Center of Southwest Florida, Inc.

WHAT ACTION ACCOMPLISHES:

Approval of the amendment would add an additional billable service (medical consultations) to the current Lee County contract (# 3319).

MANAGEMENT RECOMMENDATION: 

Recommend Approval (#20060686 – Human Services)

 

6.

INDEPENDENT

 

(A)

ACTION REQUESTED/PURPOSE: 

Authorize:  1) Board to declare 1,937 square feet of County-owned Conservation 2020 property within the City of Bonita Springs, located adjacent to 5100 Esplanade Street, known as a portion of STRAP No. 31-47-25-B3-00408.0390 as surplus property; 2) Resolution for Sale of Surplus Property; 3) Division of County Lands to negotiate a private sale, according to Lee County Ordinance 02-34, Section 5, D, with Buyer to pay all closing costs.

WHAT ACTION ACCOMPLISHES:

Declares parcel surplus and grants permission to sell property at private sale to the only adjacent property owners.

MANAGEMENT RECOMMENDATION:

Approve (#20060572 – County Lands)

 

 

(B)

ACTION REQUESTED/PURPOSE: 

Approve Purchase Agreement for acquisition of Parcel 126, Burnt Store Road Widening Project No. 4088, in the amount of $150,000; authorize payment of costs to close and the Division of County Lands to handle all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES: 

The purchase of the property during the voluntary acquisition phase of the project.

MANAGEMENT RECOMMENDATION: 

Approve. (#20060594 – County Lands)

 

 

(C)

ACTION REQUESTED/PURPOSE: 

Approve Purchase Agreement for acquisition of Parcel 104, Burnt Store Road Widening Project No. 4088, in the amount of $150,000; authorize payment of costs to close and the Division of County Lands to handle all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES: 

The purchase of the property during the voluntary acquisition phase of the project.

MANAGEMENT RECOMMENDATION: 

Approve. (#20060698 – County Lands)

 

7.

PUBLIC SAFETY

8.

SOLID WASTE-NATURAL RESOURCES

 

(A)

ACTION REQUESTED/PURPOSE: 

Approve and authorize the Chairwoman to sign Change Order No. 4 to the Professional Service Agreement (PSA) with Burns and Roe Enterprises, Inc. (Lee Contract No. 2821) providing for additional design work for a dolomitic lime ash conditioning system as contemplated in the original basis of design.  This equipment is required for the WTE expansion project as established in the Amended and Restated Operations Agreement with Covanta Energy.  Total Change Order amount is not to exceed $150,957.00.

WHAT ACTION ACCOMPLISHES: 

Provides the required dolomitic lime ash conditioning system design for the existing and expanded waste to energy facility.

MANAGEMENT RECOMMENDATION: 

Staff recommends approval of the requested motion. (#20060709 – Solid Waste)

 

 

(B)

ACTION REQUESTED/PURPOSE: 

Approve an addition of $10,162.00 to Purchase Order No. 74571 to Standard Industrial Structures Corp. (SISCORP), for the purpose of changing door sizes and adding removable panels to the steel building housing the air pollution control equipment (WTE expansion project), as specified by the County’s design engineer. Total price will now amount to $981,731.00 prior to adjustments due to steel cost indexing as allowed by the original order.

WHAT ACTION ACCOMPLISHES: 

Provides change to PO 74571 reflecting revised purchase price including cost for changes/additions.

MANAGEMENT RECOMMENDATION: 

Staff recommends the action requested. (#20060723 – Solid Waste)

 

 

(C)

ACTION REQUESTED/PURPOSE: 

Approve Change Order No. 6 under RFP 01-02, Disaster Recovery Services, with Crowder Gulf Joint Venture, (Lee Contract No. 1848), providing for an amended comprehensive scope of services and an extension of the contract term for an additional five (5) years with the current contract pricing structure.

WHAT ACTION ACCOMPLISHES: 

Allows County to maintain an agreement with a demonstrated competent contractor providing disaster recovery services.

MANAGEMENT RECOMMENDATION: 

Staff recommends approval of the requested motion. (#20060724 – Solid Waste)

 

 

(D)

ACTION REQUESTED/PURPOSE:

Execute Amendment No. 1 to DEP Agreement 05LE1 with the Florida Department of Environmental Protection (FDEP) for the Blind Pass Restoration project.

WHAT ACTION ACCOMPLISHES:

The amendment allows for reimbursement of design and permitting for tasks authorized in February 2004 and additional tasks authorized in February 2006. The amendment also extends the expiration date from October 1, 2006 to May 30, 2007. Board approval is required for this agreement.

MANAGEMENT RECOMMENDATION:

Management recommends approval. (#20060726 – Natural Resources)

 

9.

TRANSPORTATION

 

(A)

ACTION REQUESTED/PURPOSE:  

Award B-06-15 IMPERIAL STREET (CR 850) 4-LANING FROM BONITA BEACH ROAD TO EAST TERRY STREET to the lowest responsive, responsible bidder, Posen Construction, Inc., in the not-to-exceed amount of $12,487,130.32.  Also, authorize Chairwoman to execute contract on behalf of the Board upon receipt.  This project was anticipated and funds are available.

WHAT ACTION ACCOMPLISHES: 

Provides Lee County with a Contractor for the reconstruction of 1.01 miles of existing Imperial Street as a four lane divided roadway, construction of a 217’ long four lane bridge over the Imperial River, sidewalks on both sides of roadway, water management system, signalization at Dean and East Terry Streets and improvements at the approaches to Imperial Street and East Terry Street.

MANAGEMENT RECOMMENDATION: 

Approval recommended. (#20060660 – Transportation)

 

 

(B)

ACTION REQUESTED/PURPOSE:  

Approve execution of the Mutual Nondisclosure Agreement, Maintenance and Professional Services Agreement, Software and License Agreement & Software Escrow Agreement associated with CN-05-06, Toll Violation Enforcement System (VES).

WHAT ACTION ACCOMPLISHES: 

Provides Lee County the ability to move forward with implementation of the Violation Enforcement System.

MANAGEMENT RECOMMENDATION:  

Approval. (#20060679 – Transportation)

 

 

(C)

ACTION REQUESTED/PURPOSE:  

Approve the second amendment to the Second Joint Supplemental Interlocal Agreement between Lee County and the City of Bonita Springs under its Master Transportation Agreement related to the Imperial Street Four Lane Capital Improvement Project.  Also, approve Budget Amendment Resolution in the amount of $6,590,481.00 and amend the FY 05/06-09/10 Capital Improvement Program accordingly.

WHAT ACTION ACCOMPLISHES:  

Allows County to enter into a modification of an existing Interlocal Agreement with the City of Bonita Springs to reflect an additional funding commitment by the City of Bonita Springs.

MANAGEMENT RECOMMENDATION:  

Approve. (#20060717 – Transportation)

 

10.

UTILITIES

 

(A)

ACTION REQUESTED/PURPOSE:

Approve construction of a water distribution and gravity collection systems serving Bella Terra, Phase 4A-1 to provide potable water service, fire protection and sanitary sewer service to this phase of this proposed single-family and multi-family residential development. This is a Developer contributed asset project located on the south side of Corkscrew Road approximately one mile east of Wildcat Run.

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.  (#20060607 – Utilities)

 

 

(B)

ACTION REQUESTED/PURPOSE:

1) Approve construction of a water main and force main extensions serving a project named Ben Hill Griffin Parkway Water and Force Main Extensions; and, 2)  Authorize Chairwoman, on behalf of the BOCC, to execute a cost-sharing agreement between Lee County Board of County Commissioners and Southwest Florida Equities Corporation for over- sizing improvements to the proposed water main.  The developer has agreed to proceed with construction of the up-sized water main allowing reimbursement for a not-to-exceed amount of $238,530.00 for the upsized portion of the water main extension. The force main will be constructed at the sole expense of the developer and contributed to Lee County upon completion of construction.  This is a Developer Contributed asset project located along the east and west sides of Ben Hill Griffin Parkway from the intersection of Terminal Access Road and Ben Hill Griffin Parkway to approximately 1/2 mile south of Alico Road.  This project will provide potable water service, fire protection and sanitary sewer service to future development along this corridor.

WHAT ACTION ACCOMPLISHES:

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

MANAGEMENT RECOMMENDATION:

Approval. (#20060689 – Utilities)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Approve final acceptance, by Resolution and recording of one (1) Utility Easement, as a donation of one (1) 6’’ fire line and one (1) 3’’ water service serving Daniels Galleria East, Lot 3 to provide potable water service and fire protection to this recently constructed commercial building. This is a Developer Contributed asset project located on the northeast corner of Daniels Parkway and

I-75.

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. (#20060690 – Utilities)

 

 

(D)

ACTION REQUESTED/PURPOSE:

Approve final acceptance, by Resolution and recording of one (1) Utility Easement, as a donation of one (1) 6 inch diameter fire line serving Cross Way Baptist Church to provide fire protection to this recently constructed parish hall addition. This is a Developer Contributed asset project located on the south side of Pine Road approximately 2,300’ west of US 41.

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. (#20060692 – Utilities)

 

11.

PARKS AND RECREATION

 

(A)

ACTION REQUESTED/PURPOSE:  

Rescind previous award to Arbor One Incorporated for Formal Quotation Q-040507 Mowing Parks. Please see the background section of this sheet for explanation of why the vendor has resigned from the quote.

WHAT ACTION ACCOMPLISHES:  

Allows Vendor to withdraw from quotation.

MANAGEMENT RECOMMENDATION:  

Approve as stated. (#20060714 – Parks & Recreation)

 

12.

COUNTY ATTORNEY

 

(A)

ACTION REQUESTED/PURPOSE:  

Request authorization to advertise for and conduct a Public Hearing on Tuesday, August 8, 2006, at 5:00 p.m. in Chambers to consider the adoption and execution of the proposed Ordinance amending Lee County Ordinance #03-24, entitled, “Sanibel Causeway, Cape Coral, and Mid-Point Memorial Toll Facilities”.

WHAT ACTION ACCOMPLISHES: 

Schedules Public Hearing for Board to formally adopt Ordinance at an advertised Public Hearing.

MANAGEMENT RECOMMENDATION: 

Approve Public Hearing date and time for Tuesday, August 8, 2006 at 5:00 p.m.

(#20060650 – 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. 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  (#20060730 – Clerk of Court)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Authorize Chairwoman to execute Edward Byrne Memorial Justice Assistance Grant application for a proposed Pharmaceutical Investigations Law Enforcement Strategy (PILS) Unit and sign letter of support for the project. This will allow the Lee County Sheriff’s Office to serve as implementing agency.

WHAT ACTION ACCOMPLISHES:

Authorization allows Lee County to apply for the Edward Byrne Memorial Justice Assistance Grant and distribute $164,331 in funds for the PILS Unit.

MANAGEMENT RECOMMENDATION:

Approve  (#20060732 – Sheriff)

 

 

ADMINISTRATIVE AGENDA

June 13, 2006 

 

1.

COUNTY ADMINISTRATION

2.

CONSTRUCTION AND DESIGN

3.

COUNTY COMMISSIONERS

4.

COMMUNITY DEVELOPMENT

5.

HUMAN SERVICES

6.

INDEPENDENT

 

(A)

ACTION REQUESTED/PURPOSE: 

Terminate the award of Section A – OEM Product, of Formal Quote No. Q-060062, Annual Purchase of Printing Supplies for the Library, to Upstate Computers Corp. 

WHAT ACTION ACCOMPLISHES: 

This award was approved by the Board on March 14, 2006; therefore, Board approval is required to terminate.

MANAGEMENT RECOMMENDATION: 

Approve as stated. (#20060725 – Library)

 

7.

PUBLIC SAFETY

8.

SOLID WASTE-NATURAL RESOURCES

9.

TRANSPORTATION

10.

UTILITIES

11.

PARKS AND RECREATION

12.

COUNTY ATTORNEY

 

(A)

ACTION REQUESTED/PURPOSE:  

Approve an exchange of real property interests under §125.37, F.S., for utility easements located on the Gulf Coast Hospital site on Metro Parkway, authorize the Chairwoman to sign all documents necessary to complete the exchange and authorize the Office of the County Attorney to do those things necessary to complete the transaction.

WHAT ACTION ACCOMPLISHES:  

Authorizes an exchange of real property interests under §125.37, F.S., and authorizes the Chairwoman to sign and accept documents to complete the transaction.

MANAGEMENT RECOMMENDATION:  

Approve (#20060683 – County Attorney)

 

 

(B)

ACTION REQUESTED/PURPOSE:

1) Approve and execute Settlement Agreement between Lee County and Ginn-LA Naples Ltd., LLLC to resolve issues related to a South Florida Water Management District (SFWMD) Consumptive Water Use Permit issued to Ginn; and 2) Execute two (2) well easements and one (1) access easement related to the proposed settlement.

WHAT ACTION ACCOMPLISHES:

Formally resolves issues raised by Lee County concerning the issuance of a Consumptive Water Use Permit issued to Ginn.

MANAGEMENT RECOMMENDATION:

Approval and execution of Settlement Agreement and easements.

(#20060703 – County Attorney)

 

 

(C)

ACTION REQUESTED/PURPOSE:  

Approve negotiated settlement with United States Services Industries, Inc. (USSI) for fire damage to the Constitutional Officers Complex.

WHAT ACTION ACCOMPLISHES: 

Settles all claims for losses due to fires of June 13 and 14, 2005 at the Constitutional Officers Complex.

MANAGEMENT RECOMMENDATION: 

Approve settlement. (#20060707 – County Attorney)

 

13.

HEARING EXAMINER

14.

PORT AUTHORITY

15.

CONSTITUTIONAL OFFICERS

 

WALK ON AGENDA
June 13, 2006
 

#1

Walk On

 

ACTION REQUESTED/PURPOSE:
Select and approve a name for the new community park and facility located in Estero.
WHAT ACTION ACCOMPLISHES:
Establishes a name for the new community park and facility.
MANAGEMENT RECOMMENDATION:
Approve the name Estero Community Park for the new community park in Estero.
REASON FOR WALK ON
At the June 6, 2006 Board of County Commissioners meeting, the Commissioners made a request for a blue sheet to be walked on at the June 13 meeting.  (#20060778 – Parks and Recreation)


PUBLIC AGENDA

June 13, 2006

 

5:00 PM

#1

Public Hearing

 

ACTION REQUESTED/PURPOSE: 

Conduct a Public Hearing and consider the adoption and execution of the proposed Emergency Shelters for Sexual Predators and Offenders Ordinance.

WHAT ACTION ACCOMPLISHES:

Board to formally adopt Ordinance at a scheduled, advertised, Public Hearing.

MANAGEMENT RECOMMENDATION: 

Adopt Ordinance. (#20060638 – County Attorney)

 

 

#2

Public Hearing

 

 

ACTION REQUESTED/PURPOSE: 

Conduct a Public Hearing and consider the adoption of an Ordinance repealing and replacing Lee County Ordinance No. 00-15, entitled, Lee County Well Code.

WHAT ACTION ACCOMPLISHES:

Board to formally adopt an Ordinance at a scheduled, advertised, Public Hearing.

MANAGEMENT RECOMMENDATION: 

Adopt Ordinance. (#20060658 – County Attorney)

 

 

             #3

Public Hearing

 

 

ACTION REQUESTED/PURPOSE:

Approve Resolutions to Assess:

     A.  Cherry Blueberry Improvement Unit of $51.39 per lot

     B.  Country Estates Unit 3, Streetlighting Unit for an assessment of $27.81 per lot

     C.  Country Lakes Streetlighting for an assessment of $34.64 per lot

     D.  Golden Lake Heights Streetlighting for an assessment of $32.47 per lot

     E.   Pine Lake Streetlighting Unit for an assessment of $72.31 per lot

     F.   Sheltering Pines Mobile Home Village Special Improvement Unit for an assessment    

           of $46.87 per lot

     G.  Dewberry Lane Special Improvement Unit for an assessment of $118.11 per lot

     H.  Anchorage Intercoastal Canal Dredging for an assessment of $2036.26 per lot

     I.   University Overlay Landscaping O&M for an assessment of $1.50 per front foot

     J.   Western Acres Improvement Unit for an assessment of $0.6924 per front foot

WHAT ACTION ACCOMPLISHES:

Provide funding for FY 2006-2007

MANAGEMENT RECOMMENDATION: 

Approve (#20060496 – Public Resources)

 

 

5:05 PM

 

#1

Public Hearing

 

 

ACTION REQUESTED/PURPOSE:

Conduct second public hearing; adopt an ordinance amending Lee County Land Development Code (LDC) Chapter 34 pertaining to duplex residential units.

WHAT ACTION ACCOMPLISHES:

Satisfies the Board policy to hold two public hearings to amend the LDC. If adopted, the regulations will establish countywide standards for duplex residential units, specifically requiring driveways and landscaping.

MANAGEMENT RECOMMENDATION:

Adoption of the proposed ordinance. (#20060706 – County Attorney)

 

 

5:05 PM

Public Presentation of Matters by Citizens

 

 

Adjourn