District #1

Bob Janes

Chairman

District #2

Brian Bigelow

 

District #3

Ray Judah

Vice Chair

District #4

Tammy Hall

 

District #5

Frank Mann

 

Donald D. Stilwell

County Manager

 

David M. Owen County Attorney

 

 

December 5, 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 Joseph Gabriel

Full Gospel Assembly

 

 

 

 

Pledge of Allegiance

 

 

 

 

Presentations:

CP #1

 

·         

Estero Bay Aquatic Preserve (#20061579 – 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

December 5, 2006 

 

1.

COUNTY ADMINISTRATION

 

(A)

ACTION REQUESTED/PURPOSE: 

Request Board of County Commissioners to adopt a resolution authorizing the borrowing of up to $2,300,000 from the Tax Exempt Commercial Paper Program for the upgrading of selected roads in the Western Acres subdivision.

WHAT ACTION ACCOMPLISHES: 

MSBU projects must be included in a resolution prior to funding the improvements with Commercial Paper.

MANAGEMENT RECOMMENDATION:

Approve. (#20061561 – Budget Services)

 

2.

CONSTRUCTION AND DESIGN

 

(A)

ACTION REQUESTED/PURPOSE: 

Approve Addendum to the Construction Manager Agreement under RFQ-05-07 COUNTY-WIDE CONTRACT FOR CONSTRUCTION MANAGEMENT, for the project known as Cypress Lake High School Dugouts, to Westco Builders of Florida, Inc., Contract No. 3166, for a Guaranteed Maximum Price of $239,163.00 (includes CM Fee of $21,500.00), with a total completion time of 120 days.  Also request the Board approve waiving of the formal process (if needed) and authorize the use of 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.  Further authorize Chairwoman to execute the CM Agreement upon receipt.  This project was anticipated and funds are available.

WHAT ACTION ACCOMPLISHES: 

Provides Lee County with a Construction Manager for the demolition of the 4 existing dugouts (2 at the baseball field and 2 at the softball field), and construction of 4 new dugouts.

MANAGEMENT RECOMMENDATION: 

Approval recommended. (#20061373 – Construction & Design)

 

 

(B)

ACTION REQUESTED/PURPOSE: 

Approval to return 45-hour General Maintenance part-time position #01447 to full time 80-hour regular status.

WHAT ACTION ACCOMPLISHES: 

Board approval is required when changing a part-time position to full time position.

MANAGEMENT RECOMMENDATION: 

Management recommends approval. (#20061520 – Facilities Management)

 

 

(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 PINE MANOR COMMUNITY CENTER RENOVATION to Made in Rio, Inc., for a total Guaranteed Maximum Price (GMP) of $131,528.89 (includes CM fee of $13,152.89), 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 Pine Manor Community Center Renovation.

MANAGEMENT RECOMMENDATION: 

Staff Recommends Approval. (#20061535 – Construction & Design)

 

 

(D)

ACTION REQUESTED/PURPOSE: 

Approve Change Order No. 23 to BSSW Architects, Inc. under CN-01-03 LEE COUNTY JUSTICE CENTER EXPANSION, Contract No. 1785, in the amount of $977,000.00, for design services of the Parking Structure.  Authorize Chairwoman to execute Change Order on behalf of the Board.

WHAT ACTION ACCOMPLISHES: 

The Change Order provides Lee County with design services of a 1,100 to 1,200 car parking structure located adjacent to the existing Justice Center.

MANAGEMENT RECOMMENDATION: 

Staff recommends approval. (#20061501 – Construction and Design)

 

3.

COUNTY COMMISSIONERS

4.

COMMUNITY DEVELOPMENT

 

(A)

ACTION REQUESTED/PURPOSE:

Authorize an amendment to Contract C-3071 between the Board of County Commissioners and the Bonita Springs Area Housing Development Corp. (BSHDC), to extend the contract to May 31, 2007 and change the project scope from constructing 5 houses (3 very-low income and 2 low-income households) to 4 houses (3 very-low income and 1 low-income household).

WHAT ACTION ACCOMPLISHES:

Approval of this amendment would allow adaptation to current economic conditions and consistency with the SHIP Plan. 

MANAGEMENT RECOMMENDATION:

Approve (#20061534 – Community Development)

 

5.

HUMAN SERVICES

6.

INDEPENDENT

 

(A)

ACTION REQUESTED/PURPOSE: 

Approve Right of Way Consent Agreement and Memorandum of Right of Way Consent Agreement for a parcel in Plantation Road Extension Project #4065, authorize payment of costs to record the Memorandum and the Division of County Lands to handle all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES: 

Provides the County with the ability to enter into an FPL Easement for the purpose of installing and maintaining a sidewalk/bikepath.

MANAGEMENT RECOMMENDATION: 

Approve (#20061485 – County Lands)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Adopt a County Resolution enacting the Conservation 20/20 “Leave a Legacy” Program.

WHAT ACTION ACCOMPLISHES:

Provides an incentive through a recognition program to owners of exceptional conservation lands to become willing sellers to the Conservation 20/20 Land Acquisition Program.

MANAGEMENT RECOMMENDATION:

Approve the “Leave a Legacy” program (#20061516 – County Lands)

 

 

(C)

ACTION REQUESTED/PURPOSE: 

Approve award of Formal Quotation No. Q-060701 Temporary Personnel Services County-Wide to the low quoter meeting specifications, Remedy Staffing, at the prices listed on the attached Lee County Tabulation Sheet. Also, approve award of Option A per attached specification.  In the event that the low quoter is unable to establish the effectiveness of their product/service, request the Purchasing Director be given authority to act on behalf of the Board in the event of vendor non-compliance so that the Purchasing Director can proceed to the next low quoter.   The initial term of this quote is one year; also request authority to renew this quote for four additional one-year periods, at the same terms and conditions, if in the best interest of Lee County.  Funding will come from the individual department or division’s budget whom will be responsible for monitoring their individual expenditures.  County-Wide estimated expenditures; approximately $350,000 annually for Temporary Personnel Services.

WHAT ACTION ACCOMPLISHES: 

Allows County Departments/Divisions to obtain temporary personnel services on an as-needed basis.

MANAGEMENT RECOMMENDATION:

Approve as stated. (#20061530 – Purchasing)

 

 

(D)

ACTION REQUESTED/PURPOSE:

Approve changing the Boca Grande Reference Room librarian position (#01853) from part-time to full-time.

WHAT ACTION ACCOMPLISHES:

Authorizes changing position #51240-01853 from part-time to full-time.

MANAGEMENT RECOMMENDATION:

Approval (#20061550 – Library)

 

 

(E)

ACTION REQUESTED/PURPOSE: 

Approve changes to the health/dental plan for calendar year 2007. 

Health Plan:  Raise the individual stop loss coverage from $300,000 per individual in calendar year to $350,000 per individual.

Dental/Medical Plan Integration: This would be an enhanced dental benefit for pregnant women, and persons with diabetes or coronary artery disease.  Members in these categories, who have both health and dental insurance, would receive education explaining the correlation between their condition and periodontal disease.  They would also receive additional preventive dental benefits.   Aetna would be responsible for the integration of the benefit between the medical and dental plan.

WHAT ACTION ACCOMPLISHES:

(1)  By assuming more risk, Lee County saves about 8% over current premiums, and $185,000 over renewal premiums for stop loss.  This action was recommended by our health care consultant.  (2)  Affords members with certain risk factors opportunities for preventing complications from their conditions.

MANAGEMENT RECOMMENDATION: 

Approval (#20061555 – Human Resources)

 

7.

PUBLIC SAFETY

8.

SOLID WASTE-NATURAL RESOURCES

 

(A)

ACTION REQUESTED/PURPOSE: 

(1) Approve Change Order # 2 to the contract with Casey Industrial Inc. (Lee Contract #3334) for a not-to-exceed amount of $343,371.95 primarily for premium time for pipe installation.  (2) Authorize staff to allocate any unspent portion of this change order to the existing County controlled contract contingency line item, WTE Expansion Project.

WHAT ACTION ACCOMPLISHES: 

Authorizes payment to Contractor to expedite certain pipe installation tasks that have been delayed due to late receipt of equipment vendor information and changes in detail design, along with other minor project changes/additions.

MANAGEMENT RECOMMENDATION: 

Staff recommends approval. (#20061416 – Solid Waste)

 

 

(B)

ACTION REQUESTED/PURPOSE:

(1)  Approve an addition of $5,718.00 to Purchase Order No. 77421 to Delta Ducan Conveying Technology, for the purpose of adding speed sensor switches, inspection ports and changing paint and material specifications for the ash conditioning equipment (WTE expansion project), as specified by the County’s Construction Manager.  (2)  Authorize the Division Director to approve additional changes/additions, if necessary, for minor changes up to $20,000.00, total.  Total price will now amount to $485,933.00, with allowable to $505,933.00.

WHAT ACTION ACCOMPLISHES: 

Provides change to PO 77421 reflecting the purchase of additional lime handling and control equipment.

MANAGEMENT RECOMMENDATION: 

Staff Recommends the action requested. (#20061558 – Solid Waste)

 

9.

TRANSPORTATION

10.

UTILITIES

 

(A)

ACTION REQUESTED/PURPOSE:

Approve final acceptance, by Resolution as a donation of water and gravity main extensions to provide potable water service, fire protection and sanitary sewer service to Shops at Verandah, a recently constructed commercial development.  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. (#20061459 – Utilities)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Approve final acceptance, by Resolution and recording of one (1) Utility Easement, as a donation of a water main and force main extension, to provide potable water service, fire protection and sanitary sewer service to Reserve at Estero – Entrance/Temporary Sales Center, a recently constructed sales facility. This is a Developer Contributed asset project located along the north side of Estero Parkway approximately 1 mile east of U.S. 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. (#20061490 – Utilities)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Approve construction of water and gravity main extensions serving Somerset, to provide potable water service, fire protection and sanitary sewer service to this proposed Multi-family development.  This is a Developer contributed asset project located on the east side of Cypress View Drive approximately ¼ of a mile north of Estero Parkway. 

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. (#20061505 – Utilities)

 

 

(D)

ACTION REQUESTED/PURPOSE:

Approve final acceptance, by Resolution, as a donation of a water distribution and gravity collection systems, to provide potable water service, fire protection and sanitary sewer service to Reserve at Estero, Phases 1A & 1B, a phased single-family residential development. This is a Developer Contributed asset project located along the north side of Estero Parkway approximately 1 mile east of U.S. 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. (#20061509 – Utilities)

 

11.

PARKS AND RECREATION

12.

COUNTY ATTORNEY

 

(A)

ACTION REQUESTED/PURPOSE: 

Approve and authorize execution and recording of an Agreement between Stoneybrook at Gateway Homeowners Association, Inc., the Lee County Sheriff and the County for the exercise of County jurisdiction over certain roads within Stoneybrook for traffic control purposes.

WHAT ACTION ACCOMPLISHES: 

Memorializes a three-party Agreement for the County’s exercise of jurisdictional control over certain private roads for traffic control purposes by the Sheriff.  

MANAGEMENT RECOMMENDATION: 

Approve Agreement. (#20061515 – 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  (#20061565 – Clerk of Court)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – Grace. 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  (#20061566 – Clerk of Court)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – Herdt. 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  (#20061567 – Clerk of Court)

 

 

ADMINISTRATIVE AGENDA

December 5, 2006 

 

1.

COUNTY ADMINISTRATION

2.

CONSTRUCTION AND DESIGN

3.

COUNTY COMMISSIONERS

4.

COMMUNITY DEVELOPMENT

5.

HUMAN SERVICES

6.

INDEPENDENT

 

(A)

ACTION REQUESTED/PURPOSE: 

Authorize: (1) approval of the purchase of Parcel 288 (404 acres), Conservation 20/20 Land Acquisition Program, Project No. 8800, located East of I-75 and North of Corkscrew Road in Southeast Lee County, in the amount of $5,900,000; (2) the Chairwoman on behalf of the Board of County Commissioners to execute the Purchase Agreement; (3) payment of necessary costs and fees to close; and (4) the Division of County Lands to handle and accept all documentation necessary to complete this transaction.

WHAT ACTION ACCOMPLISHES: 

The acquisition of one of the properties recommended by the Conservation Land Acquisition and Stewardship Advisory Committee (CLASAC) on February 9, 2006.

MANAGEMENT RECOMMENDATION: 

Approve (#20061427 – County Lands)

 

7.

PUBLIC SAFETY

8.

SOLID WASTE-NATURAL RESOURCES

9.

TRANSPORTATION

10.

UTILITIES

11.

PARKS AND RECREATION

12.

COUNTY ATTORNEY

 

(A)

ACTION REQUESTED/PURPOSE:  

Approve a Grant Agreement between the Sierra Club (National) and the Board of County Commissioners to challenge the issuance of the Federal Permit (under Section 404 of the Clean Water Act) and the final Environmental Impact Statement (“FEIS”) for the 16,000 acre “Ona” Phosphate Mine.                                                          

WHAT ACTION ACCOMPLISHES:   

Provides Grant funding up to $150,000.00 to the Sierra Club to pursue legal action(s) concerning the issuance of the Section 404 Permit and FEIS for the “Ona” Mine.

MANAGEMENT RECOMMENDATION:  

Consider approval of the Grant Agreement. (#20061244 – County Attorney)

 

 

(B)

ACTION REQUESTED/PURPOSE: 

Review and approve the Lee County School District Capital Improvement Plan for Impact Fee Revenues.

WHAT ACTION ACCOMPLISHES:  

Compliance with Land Development Code (LDC) provisions governing documentation of the planned use of school impact fee revenue.  Lee County LDC requires that the Lee County School Board present the Capital Improvements Program for Educational Facilities to the Board of County Commissioners for approval each year.

MANAGEMENT RECOMMENDATION: 

Approve (#20061559 – County Attorney)

 

 

(C)

ACTION REQUESTED/PURPOSE: 

Consider adoption of a County Resolution of “No Objection” to the establishment of an Independent Special District in Lee County and Charlotte County for development of the Babcock Ranch Community.

WHAT ACTION ACCOMPLISHES: 

Intended to inform our legislative delegation and the State legislature of the County Commission’s position regarding establishment of an Independent Special District for infrastructure development for the Babcock Ranch Community.

MANAGEMENT RECOMMENDATION:

Approve (#20061569 – County Attorney)

 

13.

HEARING EXAMINER

14.

PORT AUTHORITY

15.

CONSTITUTIONAL OFFICERS

  

WALK ON AGENDA

December 05, 2006

 

#1

Walk On

 

ACTION REQUESTED/PURPOSE:
Establish policy for providing office space for Legislators and Not-for-profit agencies with in County government facilities.
WHAT ACTION ACCOMPLISHES:
Provides directions when providing space to Legislators/Not-for-profits.
MANAGEMENT RECOMMENDATION:
Approve Legislator/Not-for-profit office policy and when applicable, charge market rate for available space. 
REASON FOR WALK ON:
Issue is time sensitive. (#20061634 – County Manager)
 

#2

Walk On

 

ACTION REQUESTED/PURPOSE:
Adopt resolution encouraging the swift passage of the Water Resources Development Act (WRDA).
WHAT ACTION ACCOMPLISHES:
Encourages Congress to pass WRDA before the holiday recess.
MANAGEMENT RECOMMENDATION:
Adopt resolution.
REASON FOR WALK ON:
Board requested resolution at the November 28, 2006 regular meeting.
(#20061637 – County Administration)