District #1

Bob Janes

District #2

Brian Bigelow

District #3

Ray Judah

District #4

Tammy Hall

District #5

Frank Mann

Donald D. Stilwell

County Manager

David M. Owen County Attorney

November 28, 2006

9:30 AM

Invocation:

Pastor Doug Wahlberg

Faith Evangelical Lutheran Church

Pledge of Allegiance

Presentations:

CP 1

· 

Ceremonial Resolution recognizing Employee Learning Week (#20061554-Commissioner Hall)

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

1.

COUNTY ADMINISTRATION

2.

CONSTRUCTION AND DESIGN

(A)

ACTION REQUESTED/PURPOSE: 

Approve Change Order No. 5 to Kone, Inc. under RFQ-03-02 ELEVATOR MAINTENANCE AND MODERNIZATION SERVICES for the addition of the Admin. East Building maintenance in the amount of $4448.76 each per year for three (3) passenger elevators and authorize contract renewal for an additional (1) year period.  Also, approval of an additional one (1) year renewal period for various county facilities.

WHAT ACTION ACCOMPLISHES: 

Provides Lee County with elevator maintenance at various locations in Lee County.

MANAGEMENT RECOMMENDATION: 

Approval recommended. (#20061504 – Construction and Design)

3.

COUNTY COMMISSIONERS

4.

COMMUNITY DEVELOPMENT

5.

HUMAN SERVICES

6.

INDEPENDENT

(A)

ACTION REQUESTED/PURPOSE:

Purchasing is rejecting Quote # IT070002 and requesting Board authority to team with Fleet Management to negotiate with Creel Tractor Company, the exclusive New Holland distributor in our locale, for the purchase of four New Holland Tractors (two models TC45A and two models TS115A) for DOT/Parks & Recreation with a not-to-exceed grand total cost for all four tractors of $160,000.00.

WHAT ACTION ACCOMPLISHES:

Allows Fleet Management to obtain these tractors that are the established standard for this type of equipment.

MANAGEMENT RECOMMENDATION:

Approve as stated. (#20061417 – Fleet Management)

(B)

ACTION REQUESTED/PURPOSE:

Accept by donation, a perpetual and non-exclusive easement for the Palmetto Point MSBU project, Lee County Ordinance #89-26; authorize the Division of County Lands to handle and accept all documentation necessary; authorize payment of recording fees.

WHAT ACTION ACCOMPLISHES:

Acquisition of Perpetual Easement for landscaping and irrigation systems under the existing MSBU project, Lee County Ordinance #89-26.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested.(#20061461 – County Lands)

(C)

ACTION REQUESTED/PURPOSE:

Accept Perpetual Beach Storm Damage Reduction Easement for Parcel 160 for the Gasparilla Island Beach Restoration Project No. 3023; authorize the Division of County Lands to handle and accept all necessary documentation; authorize payment of necessary recording fees.

WHAT ACTION ACCOMPLISHES:

Secures permanent easements along Boca Grande on Gasparilla Island for the proposed beach renourishment project.

MANAGEMENT RECOMMENDATION:

Approve (#20061487 – County Lands)

(D)

ACTION REQUESTED/PURPOSE:  

Approve Purchase Agreement for acquisition of Parcel 318, Ortiz Avenue Project 4072, in the amount of $5,000, pursuant to the terms and conditions set forth in the Agreement. Authorize payment of costs to close and the Division of County Lands to handle and accept all documentation necessary to complete this transaction.

WHAT ACTION ACCOMPLISHES: 

The Board must accept all real estate conveyances to Lee County.

MANAGEMENT RECOMMENDATION: 

Approve. (#20061488 – County Lands)

(E)

ACTION REQUESTED/PURPOSE:

Accept Quit-Claim Deed for Parcel 121 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 Deed from benefited property owner.

MANAGEMENT RECOMMENDATION:

Approve. (#20061496 – County Lands)

7.

PUBLIC SAFETY

(A)

ACTION REQUESTED/PURPOSE: 

Approve and authorize Chairwoman to execute three-year agreement with Joseph Lemmons, D.O., for EMS Medical Director at the Division of Public Safety in the amount of $125,000.00 annually.

WHAT ACTION ACCOMPLISHES: 

Provides Lee County Emergency Medical Services with a medical director as required by Chapter 401, Florida Statutes.

MANAGEMENT RECOMMENDATION: 

Staff recommends approval. (#20061498 – Public Safety)

(B)

ACTION REQUESTED/PURPOSE: 

Approve acceptance and donations of funds towards match requirement for Just Drive Stay Alive Grant M6060 for $2,400.00 to defray costs of match.  Approve Budget Amendment Resolution in like amount. 

WHAT ACTION ACCOMPLISHES: 

Board approval required for acceptance of donations of funds. 

MANAGEMENT RECOMMENDATION:

Staff recommends approval. (#20061511 – Public Safety)

8.

SOLID WASTE-NATURAL RESOURCES

(A)

ACTION REQUESTED/PURPOSE:

Approve and authorize the Chairman to sign the “Standard Large Generator Interconnection Agreement” with Florida Power & Light (FPL) that includes a cost estimated by FPL of $146,000.00 for construction of FPL facilities.  Authorize a contingency allowance of an additional $25,000.00 should FPL’s estimate be insufficient.  Note:  the agreement provides that the County will pay for FPL’s cost for construction.

WHAT ACTION ACCOMPLISHES:

Allows FP&L to construct and maintain the necessary transmission system connection for the WTE Expansion Project generator.

MANAGEMENT RECOMMENDATION: 

Staff recommends approval (#20061457 – Solid Waste)

(B)

ACTION REQUESTED/PURPOSE:

Approve an addition of $22,365 to Purchase Order No. 83567 to Carter & Crawley, Inc. (Electric Control and Auxillary Control Panels), for the supply of additional switches, relays, hardware and engineering to allow final fabrication and shop assembly after receiving all third-party control parameters.  Approval will authorize an addition $11,982 for final equipment changes as $109,783 was approved by the Board on the original blue sheet.  Final PO amount will now be $121,765.00. 

WHAT ACTION ACCOMPLISHES: 

Provides revision to PO 83567 for additions and changes.

MANAGEMENT RECOMMENDATION: 

Staff recommends the action requested. (#20061483 – Solid Waste)

9.

TRANSPORTATION

(A)

ACTION REQUESTED/PURPOSE: 

Request Board authorize the Chairwoman to sign the attached agreements to (1.) authorize payment of $567,125.57 to Florida Power & Light (FPL) for their costs of the design and relocation of facilities within their easement due to the proposed widening of Summerlin Rd. from Cypress Lake Dr. to Boyscout Rd. and (2.) for the subordination of utility interests to allow Lee Co. to construct improvements associated with the roadway within the FPL easement.

WHAT ACTION ACCOMPLISHES: 

Eliminates conflicts with FPL transmission line guys and allows for improvements within the FPL easement for the six lane improvement of Summerlin Rd.

MANAGEMENT RECOMMENDATION: 

Approve (#20061129 – Transportation)

(B)

ACTION REQUESTED/PURPOSE:  

Award B-06-31 SIGNALIZATION FOR DEL PRADO BOULEVARD AND CORONADO PARKWAY to the lowest responsive, responsible bidder, Southwest Signals, Inc., in the not-to-exceed amount of $196,863.26 with a project completion time of 180 calendar days.   Also, authorize Chairwoman to execute agreement 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 removal of existing signal and installation of new signalized intersection.  Work will include four new mast arms and all necessary equipment.

MANAGEMENT RECOMMENDATION: 

Approval recommended. (#20061480 – Transportation)

(C)

ACTION REQUESTED/PURPOSE: 

Award B-06-35 RE-ADVERTISEMENT FOR COUNTY-WIDE MINOR SIGNALIZATION to the two (2) lowest responsive/responsible bidders meeting all bidding requirements – Kent Technologies, Inc. and Southwest Signal, Inc., based on individual unit prices, for a total not-to-exceed annual amount of $300,000.00, with an annual contract time of 360 days.  Also, authorize Chairwoman to execute agreements on behalf of the Board upon receipt.  This project was anticipated and funds are available.

WHAT ACTION ACCOMPLISHES: 

Provides Lee County with two (2) contractors for traffic signalization and street light work county-wide.  It consists of construction (installation/re-installation) and rebuilding of traffic signals and street lights.  This contract will also be utilized in the event of a natural or man-caused hazard.

MANAGEMENT RECOMMENDATION: 

Approval recommended. (#20061482 – Transportation)

(D)

ACTION REQUESTED/PURPOSE:  

Approve Change Order No. 4, with Cella Molnar & Associates, Inc, under CN-02-04 SR 739 (US BUSINESS 41) FROM MARIANA AVENUE TO LITTLETON, (Contract #2129), for a total not-to-exceed amount of $232,870.00.  Further approve transfer of funds from District 02 Road Impact Fee-Reserves in the amount of $300,000 to Project 4020 Business 41 from Pine Island Road to Littleton Road.  Amend the FY 2006/07 – 2010/11 CIP accordingly.  Also, authorize Chairwoman to execute Change Order on behalf of the Board.

WHAT ACTION ACCOMPLISHES: 

Provides for a time extension and additional man-hours and expenses for construction engineering inspection and administration functions for the project widening of Business 41.

MANAGEMENT RECOMMENDATION: 

Approval recommended. (#20061499 – Transportation)

10.

UTILITIES

(A)

ACTION REQUESTED/PURPOSE:

Approve construction of water distribution and gravity collection systems serving Pine Forest Subdivision, to provide potable water service, fire protection and sanitary sewer service to this proposed single-family subdivision.  This is a Developer contributed asset project located on the North side of Pine Road., approximately 1,500’ West of US 41 South. 

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. (#20061450 – Utilities)

(B)

ACTION REQUESTED/PURPOSE:

Approve final acceptance, by Resolution as a donation of water and gravity collection system to provide potable water service, fire protection and sanitary sewer service to Commercial Parcel at Verandah, Phases 1 & 2, a recently constructed commercial subdivision.  This is a Developer Contributed asset project located on the south side of State Road 80, approximately ½ mile east of State Road 31.

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. (#20061451 – Utilities)

(C)

ACTION REQUESTED/PURPOSE:

Approval of additional funds in the amount of $100,313.84 to pay FDOT per the Florida Department of Transportation (FDOT) Utility Agreement Resolution, Utility Work Agreement, and Memorandum of Agreement for utility adjustments along Metro Parkway (SR 739) from Hanson Street to State Road 82 (documents approved under Blue Sheet No. 20040089-UTL).

WHAT ACTION ACCOMPLISHES:

The non-reimbursable utility relocation portion of the apparent low bid is $100,313.84 greater than the estimated $381,266.00 previously paid to FDOT.  Per the Memorandum of Agreement, Lee County agreed to pay the difference if the selected bidder exceeded the already deposited amount.

MANAGEMENT RECOMMENDATION:

Approval. (#20061503 – Utilities)

11.

PARKS AND RECREATION

12.

COUNTY ATTORNEY

(A)

ACTION REQUESTED/PURPOSE:   

Adopt a Resolution approving the issuance of Lee County Industrial Development Authority Private Activity Revenue Bonds in an aggregate principal amount not to exceed $2,400,000.00, the proceeds from the sale of which will be used to make a loan to Crestwell Higher Learning, Inc., in a principal amount equal to the principal amount of said Bonds for the primary purposes of financing the acquisition, construction and equipping of additional educational facilities to be owned and operated by Crestwell Higher Learning, Inc., at 1899 and 1901 Park Meadows Drive, Fort Myers.                              

WHAT ACTION ACCOMPLISHES:   

Provides for 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.

(#20061526 – County Attorney)

(B)

ACTION REQUESTED/PURPOSE: 

Approve the Resolution rescinding Lee County Resolution No. 90-07-21, adopted by the Board of County Commissioners of Lee County, Florida, which defined the Community Redevelopment areas, and created the Community Redevelopment Agency.

WHAT ACTION ACCOMPLISHES:

Approval by the Board of County Commissioners will dissolve the Community Redevelopment Area.

MANAGEMENT RECOMMENDATION:

Approve the Resolution to rescind Lee County Resolution No. 90-07-21.

(#20061527 – 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 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  (#20061517 – 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  (#20061518-Clerk of Court)

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

(A)

ACTION REQUESTED/PURPOSE:  

Approve an amendment to the Daniels Parkway Controlled Access Resolution to add a connection point on the south side of Daniels Parkway at STA 272+40+/-50.

WHAT ACTION ACCOMPLISHES:  

Addition of the connection point satisfies a court order and provides reasonable access to the parcel at 8300 Daniels Parkway.

MANAGEMENT RECOMMENDATION: 

Approve the amendment adding the connection point. (#20061424 – Transportation)

10.

UTILITIES

11.

PARKS AND RECREATION

12.

COUNTY ATTORNEY

13.

HEARING EXAMINER

14.

PORT AUTHORITY

15.

CONSTITUTIONAL OFFICERS

#1

Walk On

ACTION REQUESTED/PURPOSE:
Adopt resolution requesting appointment of Lee County resident to the Governing Board of the South Florida Water Management District.
WHAT ACTION ACCOMPLISHES: |
Delivers a message to Governor-elect Crist, Lieutenant Governor-elect Kottcamp, and the Lee County Legislative Delegation that the Lee County Commission strongly recommends that a Lee County resident be appointed to the Governing Board of the South Florida Water Management District at the earliest available opportunity.
MANAGEMENT RECOMMENDATION:
Adopt resolution.
REASON FOR WALK ON
Request from the Board at the November 21, 2006 Board meeting.  (#20061580 – Natural Resources)
 

#2

Walk On

ACTION REQUESTED/PURPOSE: 
Approve settlement in Lee County v. Motiva Enterprises, Case No. 04CA-2290-G (Summerlin/Gladiolus Project).

WHAT ACTION ACCOMPLISHES:   
Settles all disputed issues except fees and costs.
MANAGEMENT RECOMMENDATION:  
Accept settlement.
REASON FOR WALK ON
To meet time constraints on settlement proposal from Respondent in conjunction with the closing of their fiscal year. (#20061574 – County Attorney)

#3

Walk On

ACTION REQUESTED/PURPOSE: 
Authorize the Public Works Department to submit three grant applications to the Florida Department of
Environmental Protection (DEP) as follows: (1) An Innovative Recycling Grant, (2) A Bioenergy Development Grant Project, and (3) a Renewable Energy Grant Commercialization Project.  Additions to the 5 year CIP budget will be required if the County is approved for and accepts any of these proposed grant projects with funding source to be determined.
WHAT ACTION ACCOMPLISHES: 
Allows the PW Department to submit grant applications.
MANAGEMENT RECOMMENDATION: 
Staff has prepared the applications for items 1 and 3 above, but has not participated in the preparation of item 2.  Staff recommends approval for submission of these grant applications.
REASON FOR WALK ON:
Request from the Board. (#20061584 – Solid Waste)

#4

Walk On

ACTION REQUESTED/PURPOSE:
(1) Approve FY 2007 contracts for the Partnering for Results program as adopted at the final public hearing on September 21, 2006 and authorize signature of the contracts once completed by the community agencies.  (2) Authorize Human Services to negotiate adjustments in unit rates and/or units purchased.  (3) Approve FY 2007 contract for United Way of Lee County in the amount of $47,600 for Information and Referral Services (211) and authorize signature of the contract once completed by United Way of Lee County.
WHAT ACTION ACCOMPLISHES:
Provides County funding for social service programs as a fixed unit rate.
MANAGEMENT RECOMMENDATION:
Recommend Approval
REASON FOR WALK ON:
Contract execution is necessary in order to pay outstanding invoices in a timely manner.
(#20061592 – Human Services

5:00 PM

#1

Public Hearing

ACTION REQUESTED/PURPOSE:

Conduct a public hearing to consider implementing the standard fixed-route fare structure on LeeTran Route 150 in Bonita Springs and authorize transit staff to implement the fare effective December 21, 2006.

WHAT ACTION ACCOMPLISHES:

Compliance with Administrative Code AC-11-15, which identifies increases in fares for service requires a public hearing.  Meets Federal requirements for soliciting public comment regarding the proposed fare increase.

MANAGEMENT RECOMMENDATION:

Recommend approval to implement the standard fixed-route fare structure on LeeTran Route 150. (#20061522 – Transit)

5:05 PM

#1

Public Hearing

ACTION REQUESTED/PURPOSE:

Conduct second public hearing on the proposed designation of Treeline Boulevard/Ben Hill Griffin Parkway as a controlled access facility between Daniels parkway and Alico Road.

WHAT ACTION ACCOMPLISHES:

The Land Development Code requires that the Board adopt resolutions that designate roadways as controlled access facilities utilizing the same process applicable to the adopting of ordinances affecting the use of land.

MANAGEMENT RECOMMENDATION:

Adopt resolution (#20061471 – Transportation)

#2

Public Hearing

ACTION REQUESTED/PURPOSE:

Conduct second public hearing on proposed amendments to Chapter Two of the Land Development Code (LDC) that provide an administrative variance procedure to address certain nonconformities resulting from the exercise of eminent domain by a governmental authority.         

WHAT ACTION ACCOMPLISHES:

a) Provides relief to owners of improved property whose remaining property has been  rendered nonconforming as to signs, landscaping, buffers, and open space; and, b) may reduce money that governmental authorities must pay in damages to owners of property. 

MANAGEMENT RECOMMENDATION: 

Adopt Ordinance. (#20061513 – County Attorney)

5:05 PM

Public Presentation of Matters by Citizens

Adjourn