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District #1 Bob Janes Vice Chair |
District #2 Douglas St. Cerny |
District #3 Ray Judah
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District #4 Tammy Hall Chairwoman |
District #5 John E. Albion |
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Donald D. Stilwell County Manager |
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David M. Owen County Attorney |
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August 22, 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
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9:30 AM |
Invocation: |
Pastor Joseph Gabriel |
Full Gospel Assembly |
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Pledge of Allegiance |
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Presentations: |
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CP 1 |
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South County Regional Library 10th Anniversary – (Commissioner Albion - #20061065) |
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Recap |
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Public Comment on the Consent and Administrative Agenda |
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Items to be pulled for discussion by the Board |
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Motion to approve balance of items |
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Consideration of items pulled for discussion |
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Walk-ons and Carry-overs |
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Commissioners' Items/Committee Appointments |
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County Manager Items |
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County Attorney Items |
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9:30 AM |
Public Hearings |
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ACTION REQUESTED/PURPOSE: Conduct a Public Hearing to adopt a Resolution on Petition to Vacate a 12-foot wide Public Utility Easement located at 5261 and 5271 Doug Taylor Cir., Pine Island Center (Case No. VAC2006-00026) (S28-T44S-R22E) (#1). WHAT ACTION ACCOMPLISHES: To provide for a Future Industrial Building and parking 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 (#20060894 – Community Development)
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Adjourn until 5:00 PM |
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August 22, 2006
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ACTION REQUESTED/PURPOSE: Approve budget transfer of $50,000 from Tourist Development Council beach projects reserves (Fund 30101); and approve budget amendment resolution for the Tourist Development Tax Fund (Fund 17400) to accept the $50,000 transfer from Fund 30101. These additional funds will be used to aid in the County’s effort to impact water management issues in Southwest Florida. WHAT ACTION ACCOMPLISHES: Provides additional funding for consultants to assist the County’s efforts related to water management issues that impact our local ecosystem and tourism economy. MANAGEMENT RECOMMENDATION: Recommend Approval. (#20061003 – Visitor and Convention Bureau)
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ACTION REQUESTED/PURPOSE: Accept donation of Olympus BX40 Microscope from Dr. Barbara Wolf of the Medical Examiner’s Office to Lee County for use in the Medical Examiner’s Office. WHAT ACTION ACCOMPLISHES: Provides an additional microscope for use in the Medical Examiner’s Office. MANAGEMENT RECOMMENDATION: Approve donation. (#20061050 – County Administration)
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ACTION REQUESTED/PURPOSE: Award Professional Services Agreement under RFQ-06-05 LEHIGH ACRES COMPREHENSIVE PLANNING STUDY, to Wallace Roberts & Todd, LLC, in the total not-to-exceed amount of $550,000.00. Also authorize Chairwoman to execute Agreement on behalf of the Board. WHAT ACTION ACCOMPLISHES: Provides Lee County with a Consultant to develop a proactive program of development and re-development of land uses and infrastructure so that Lehigh Acres can become a balanced community. MANAGEMENT RECOMMENDATION: Approval recommended. (#20060960 – Community Development)
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ACTION REQUESTED/PURPOSE: Amend Lee County Contract C-3381 between the BOCC and Southwest Florida GWI Housing X, Inc. (Goodwill) to incorporate the U. S. Dept of Housing and Urban Development’s (HUD) new interpretation of rules regarding secondary financing which clarifies that all changes are subject to HUD’s approval. WHAT ACTION ACCOMPLISHES: The county provided supplemental Hurricane Housing Recovery (HHR) funding to a HUD financed development for very-low income disabled rental households. HUD considers this supplemental funding as secondary financing and requires that the county incorporate the attached amendments into its contracts. MANAGEMENT RECOMMENDATION: Approve (#20061064 – Community Development)
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ACTION REQUESTED/PURPOSE: Accept Quit-Claim Deeds for Parcels 107 and 109 being right-of-way necessary for the Homestead Lane Road Paving MSBU #5059 for pavement of Homestead Lane; authorize the Division of County Lands to handle and accept all documentation necessary; authorize payment of recording fees. WHAT ACTION ACCOMPLISHES: Acquisition of right-of-way via Quit-Claim Deeds from benefited property owners. MANAGEMENT RECOMMENDATION: Approve. (#20061000 – County Lands)
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ACTION REQUESTED/PURPOSE: Approve award of Project No. EX060631 for the Purchase of Tools, Hand Held and Hand Held Power Tools from all the vendors and authorized distributors listed for the prices as stated on Florida State Contract # 445-001-07-1. The expiration date of this contract is July 29, 2009 with possible extensions; therefore, permission is requested to utilize these contracts until they expire if in the best interest of Lee County. Total annual expenditures for tools is approximately $150,000. (Approval of this project will supersede #EX030555 – Board approved 9/16/03). Also request authority to continue utilizing future Florida State Contracts for the purchase of tools, if in the best interest of Lee County, and an increase in future overall expenditures of approximately 5% annually. WHAT ACTION ACCOMPLISHES: Allows Countywide purchase of tools at competitive prices. MANAGEMENT RECOMMENDATION: Approve as stated. (#20061020 – Purchasing)
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ACTION REQUESTED/PURPOSE: Approve the proposed pay plan for fiscal year 2006-2007, effective with the first full pay period beginning October 12th, 2006. Provide a 4.3% Cost of Living Adjustment to eligible employees - within their prospective pay ranges - based on the Consumer Price Index (CPI). The purpose is to maintain a competitive pay structure consistent with good compensation practices compared to the change in the CPI from July 1st of 2005 through June 30th of 2006, as well as the 2006 Lee County Annual Salary Survey. WHAT ACTION ACCOMPLISHES: Maintains ability to attract, retain and motivate employees. MANAGEMENT RECOMMENDATION: Approve (#20061057 – Human Resources)
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ACTION REQUESTED/PURPOSE: Approve the award of Project # EX060637 the purchase of Cisco networking hardware and maintenance in the amount of $103,857.90 via the Florida State Contract from Kent Technologies, Inc.; along with the purchase of servers and related hardware from Dell in the amount of $40,818.19 via a piggyback of the Western States Contracting Alliance agreement (PB040670 – approved by the Board on 9/28/04) for Public Safety. Grand total cost: $144,676.09. Permission is also requested to purchase the annual maintenance for the useful life of this hardware after expiration of the initial 1 year warranty. Board approval is also requested to expend a not-to-exceed amount of $30,000 for miscellaneous and incidental items that may be required, including, but not limited to – cables, cards, installation, training, etc. If needed these items/services would be purchased via the most economical and expedient methodology available. WHAT ACTION ACCOMPLISHES: Allows for the purchase of the IT hardware necessary to support the EOC network redesign. This redesigned network will provide: higher speed communication between the ambulances and the EOC; self-sufficiency should the EOC site lose connectivity with the County network; increased security; and improved data retrieval and delivery to and from ambulances and the Mobile Response Unit. MANAGEMENT RECOMMENDATION: Approve as stated. (#20061032 – Public Safety)
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ACTION REQUESTED/PURPOSE: Approve attached Resolution, totaling $1,007,225, to the West Coast Inland Navigation District (WCIND) requesting funding for FY06/07 for the projects listed in priority order, as a replacement to previously approved Resolution 06-05-46. WHAT ACTION ACCOMPLISHES: WCIND rules require a resolution requesting grant funding. MANAGEMENT RECOMMENDATION: Staff recommends approval. (#20061034 – Natural Resources)
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ACTION REQUESTED/PURPOSE: Approve and authorize the Chairwoman to sign Change Order No. 5 to the Professional Service Agreement (PSA) with Burns and Roe Enterprises, Inc. (Lee Contract No. 2821) providing for additional design work for the water treatment system. This equipment is required for the WTE expansion project. Total Change Order amount is not to exceed $175,445.00. WHAT ACTION ACCOMPLISHES: Provides the final design for the water treatment system for the existing and expanded waste to energy facility. Implementation of this design is expected to reduce operating cost by approximately $85,000.00 per year. MANAGEMENT RECOMMENDATION: Staff recommends approval of the requested motion. (#20061051 – Solid Waste)
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ACTION REQUESTED/PURPOSE: Approval to remove accounts receivable balances considered to be inactive and uncollectible for Public Works/Community Development: Department of Transportation, $8,708.33, Community Development, $320.00, and Solid Waste, $655.69. WHAT ACTION ACCOMPLISHES: Annual reduction of accounts receivable balances by the accounts identified as uncollectible. Uncollectibles result when customer’s bills remain unpaid for various reasons. MANAGEMENT RECOMMENDATION: Approve (#20061016 – Transportation)
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ACTION REQUESTED/PURPOSE: Approval to remove account balances for Fiscal Year 05/06 considered uncollectible for Lee County Utilities System in the amount of $141,876.21 which is less than 1% (.21%) of annual water and sewer revenues. WHAT ACTION ACCOMPLISHES: Adjusts accounts receivable balance to reflect anticipated collections. MANAGEMENT RECOMMENDATION: Approval. (#20060986 – Utilities)
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ACTION REQUESTED/PURPOSE: Concur with the selection by the Qualification Selection Committee for RFQ-06-07, CONTROL, TELEMETRY & SCADA INTEGRATION SERVICES CONTINUING CONTRACT, and authorize staff to negotiate on a project-by-project basis with the following four (4) firms: Blackburn Controls Inc. d/b/a BCI Technologies ; Byrd Automation Services Inc. ; DCR Engineering Services, Inc.; and McKim & Creed, PA for a contract period of three (3) years with the option of renewal for two (2) additional 12-month periods. Authorize Chairwoman to execute the Construction Contract Agreement upon completion. WHAT ACTION ACCOMPLISHES: Provides the County with four (4) SCADA contractors or systems integrators to provide various repairs, services and new installations of telemetry instrumentation and related equipment in Lee County on an as-needed basis. MANAGEMENT RECOMMENDATION: Staff recommends approval. (#20061053 – Utilities)
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ACTION REQUESTED/PURPOSE: Concur with the selection by the Qualification Selection Committee for RFQ-06-08, ELECTRICAL CONTRACTORS CONTINUING CONTRACT, and authorize staff to negotiate on a project-by-project basis with the following two (2) firms: E.B. Simmonds Electrical Inc. and Gulf States Inc. for a contract period of three (3) years with the option of renewal for two (2) additional 12-month periods. Authorize Chairwoman to execute the Construction Contract Agreement upon completion. WHAT ACTION ACCOMPLISHES: Provides the County with two (2) contractors to perform electrical installations and repairs at LCU’s water, waste water, distribution, collections, or other designated County systems in Lee County on an as-needed basis. MANAGEMENT RECOMMENDATION: Staff recommends approval. (#20061054 – Utilities)
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ACTION REQUESTED/PURPOSE: Approve the proposed Pay Plan for the County Attorney’s Office for Fiscal Year 2006-2007, effective October 12, 2006 which provides a 4.3% Cost of Living Adjustment to eligible employees within their prospective pay ranges based on the Consumer Price Index and which is consistent with County Administration’s 2006-2007 Pay Plan. WHAT ACTION ACCOMPLISHES: Updates the County Attorney’s Office Pay Plan with new minimum/maximum salary ranges for attorneys and support staff positions consistent with the Pay Plan submitted by County Administration. MANAGEMENT RECOMMENDATION: Approve the above requested action. (#20061056 – County Attorney)
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ACTION REQUESTED/PURPOSE: Adopt a Resolution approving the issuance of Lee County Industrial Development Authority Private Activity Utility System Revenue Bonds, Series 2006B (North Fort Myers Utilities, Inc. Project) in one or more Series pursuant to a plan of finance, for the benefit of North Fort Myers Utilities, Inc., in an aggregate principal amount not to exceed $12,000,000.00 for the primary purposes of (i) financing the cost of the acquisition, construction and equipping of certain capital improvements to its utility system (the “Utility System”) including, but not limited to, the construction of wastewater and reuse water interconnects, construction of additional force and reuse water mains, and certain capital improvements related thereto (the “Project”) and (ii) funding any necessary reserves and paying costs associated with the issuance of the Series 2006B Bonds. WHAT ACTION ACCOMPLISHES: Provides Board consideration of proposed Industrial Development Authority Bonds as required by Internal Revenue Code and Florida Statutes. Board approval will authorize and adopt the approving Bond Issuance Resolution. MANAGEMENT RECOMMENDATION: Approve the adoption of the Resolution with all stated terms and conditions. (#20061061 – County Attorney)
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ACTION REQUESTED/PURPOSE: Requesting the board to approve extension of the 2006 tax roll for mailing and collection in order to provide revenue for taxing authorities while Value Adjustment hearings are being held. WHAT ACTION ACCOMPLISHES: Allows Tax Collector to mail tax notices prior to the conclusion of the Value Adjustment Board (VAB) hearings. MANAGEMENT RECOMMENDATION: Approve (#20061049 – Tax Collector)
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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 (#20061067 – Clerk of Court)
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August 22, 2006
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ACTION REQUESTED/PURPOSE: Hear Bid Protest and consider award of Formal Quotation No. Q-060504, the purchase of One (1) 36’ Hydraulic Excavator for Utilities, to the low quoter meeting specifications, G.S. Equipment, Inc. at a price of $166,711. Utilities is exercising its option not to award Option A (Power Tilt System). WHAT ACTION ACCOMPLISHES: Pursuant to the Lee County Purchasing and Payment Procedures Manual, the Board will hear presentations by the protesting parties and may then decide which quote is in the best interest of Lee County, with articulated reasons for the decision. Ultimately, this purchase will provide Utilities with a new track-type, hydraulic excavator that will be used for digging out soil at job sites such as, but not limited to, water main breaks, force main breaks, gravity line breaks, new water or sewer line installations, and line upgrades and/or replacement within Lee County. MANAGEMENT RECOMMENDATION: Approve as stated; upholding the Dispute Committee’s recommendation (please see Background); and proceed with the award to G.S. Equipment, Inc. (#20061006 – Utilities)
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ACTION REQUESTED/PURPOSE: Approve settlement of parcels 143 and 144, Lee County v. Idlette, et al., Case No. 03-3060-CA, Veronica Shoemaker Boulevard. WHAT ACTION ACCOMPLISHES: Settles all claims except attorney fees. MANAGEMENT RECOMMENDATION: Approval of settlement. (#20061047 – County Attorney)
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ACTION REQUESTED/PURPOSE: Approve mediated settlement in Lee County v. Village at Whiskey Creek Condominium Association, Inc., Case No. 05Ca-2654, parcels 209 and 210 of Summerlin Road. WHAT ACTION ACCOMPLISHES: Settles all claims for the taking of parcels 209 and 210 except fees and costs. MANAGEMENT RECOMMENDATION: Approve settlement. (#20061063 – County Attorney)
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WALK ON AGENDA
August 22, 2006
Walk On |
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ACTION REQUESTED/PURPOSE: Consider providing funding for an appeal to the First District Court of Appeals concerning the recent issuance by the Florida Department of Environmental Protection of the construction and operation permit to the Mosaic Company for phosphate mining at the “Ona Mine” in Charlotte County. WHAT ACTION ACCOMPLISHES: Provides County funding to the Parties for perfecting an appeal to the First District Court of Appeals concerning the “Ona Mine” permit for phosphate mining. MANAGEMENT RECOMMENDATION: Consider providing funding for the appeal taking into account the participation by the other Parties to the administrative challenge (Charlotte County, Sarasota County or both). (#20061081 – County
Attorney) |
CARRYOVER AGENDA
August 22, 2006
Walk On |
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ACTION REQUESTED/PURPOSE: Approve advancement from the General Fund Revolving Loan Program – Roads for up to $3,300,000 in FY 06/07 to the Bonita Beach Road (Old 41–Lime Street) right-of-way acquisition as a match to funds proposed to be provided by the City of Bonita Springs and include in proposed FY 06/07 Capital Improvement Program budget. WHAT ACTION ACCOMPLISHES: Provides $3,300,000 million to the Bonita Beach Road Phase II Project in Fiscal Year 06/07. If approved and with an equal amount from the City, right-of-way can be acquired next year. Currently it is not programmed in the 5 year CIP. MANAGEMENT RECOMMENDATION:
Approve for the reasons stated. (#20061027 –
Transportation) |
PUBLIC AGENDA
August 22, 2006
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5:00 PM |
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ACTION REQUESTED/PURPOSE: Conduct a Public Hearing and consider the adoption of an Ordinance repealing and replacing Lee County Ordinance #83-16; entitled “Gasparilla Island Bird and Wildlife Sanctuary”. WHAT ACTION ACCOMPLISHES: Board must formally adopt an Ordinance at a scheduled, advertised Public Hearing. MANAGEMENT RECOMMENDATION: Adopt Ordinance (#20060984 – County Attorney) |
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ACTION REQUESTED: Adopt and certify by Resolution the Special Assessment Rolls for 23 MSBU’s for collection by the Lee County Tax Collector for Fiscal Year 2006-2007. WHAT ACTION ACCOMPLISHES: Allows staff to utilize the annual tax bill for the collection of special assessments. MANAGEMENT RECOMMENDATION: Approve (#20060917 – Public Resources)
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ACTION REQUESTED/PURPOSE: Conduct Public Hearing for Board to adopt and certify by Resolution, the Residential and Commercial Mandatory Solid Waste Collection and Disposal Annual Special Assessment Roll, Disposal Facilities Special Assessment Roll, and MSTU Tax Roll to the Lee County Tax Collector for collection for Fiscal Year 2006-2007. WHAT ACTION ACCOMPLISHES: Complies with Lee County Ordinances, Florida Administrative Code and Florida Statutes that provide for the uniform method of collection for non-ad valorem special assessments and MSTU millage by the Tax Collector. MANAGEMENT RECOMMENDATION: Adopt and certify by Resolution, the Residential and Commercial Solid Waste Annual Special Assessments Rolls and MSTU Tax Roll for fiscal year 2006-2007. (#20060903 – Solid Waste)
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ACTION REQUESTED/PURPOSE: Conduct a Public Hearing and consider the adoption of an Ordinance to amend Lee County Ordinance #98-10; entitled, “Lee County Animal Control”. WHAT ACTION ACCOMPLISHES: Board must formally adopt an Ordinance at a scheduled, advertised Public Hearing. MANAGEMENT RECOMMENDATION: Adopt Ordinance. (#20060772 – County Attorney)
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ACTION REQUESTED/PURPOSE: Conduct a Public Hearing on Tuesday, August 22, 2006, at 5:00 p.m. 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: Amends the “Sanibel Causeway, Cape Coral, and Mid-Point Memorial Toll Facilities” Ordinance to allow for the implementation of a Toll Violations Enforcement System and addresses the recent changes to Florida Statutes governing traffic infractions for non-payment of tolls. MANAGEMENT RECOMMENDATION: Adopt Ordinance amending Lee County Ordinance #03-24, entitled, “Sanibel Causeway, Cape Coral, and Mid-Point Memorial Toll Facilities”. (#20060982 – County Attorney)
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ACTION REQUESTED/PURPOSE: Conduct Public Hearing on August 22, 2006 at 5:00 p.m. and adopt a Resolution approving Petition from Gasparilla Island Water Association, Inc. (GIWA) for a water and sewer services rate adjustment. WHAT ACTION ACCOMPLISHES: Provides required Board approval for GIWA to adjust its water and sewer rates. MANAGEMENT RECOMMENDATION: Approval. (#20060761 – Utilities) |
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ACTION REQUESTED/PURPOSE: Conduct a public hearing to consider elimination of mass transit service for Lee Tran Route 80 – Metro Parkway effective December 21, 2006. WHAT ACTION ACCOMPLISHES: Compliance with Administrative Code AC-11-15 in which route elimination is considered a major service reduction requiring a public hearing. Meets Federal requirements for soliciting public comment regarding the proposed service reduction. MANAGEMENT RECOMMENDATION: Staff recommends the elimination of Route 80 – Metro Parkway effective December 21, 2006. (#20061024 – Transit) |
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5:05 PM |
Public Presentation of Matters by Citizens |
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Adjourn |