District #1

Bob Janes

District #2

Douglas St. Cerny

Chairman

District #3

Ray Judah

District #4

Tammy Hall

Vice Chair

District #5

John E. Albion

Donald D. Stilwell

County Manager

David M. Owen

County Attorney

September 13, 2005

9:30 AM

Invocation:

Pastor Russell Howard

McGregor Baptist 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

9:30 AM

Public Hearings

PH 1

ACTION REQUESTED/PURPOSE:

Conduct a public hearing on September 13, 2005, at 9:30 a.m., or as soon thereafter as possible, and adopt an ordinance creating the Catalina at Winkler Preserve Community Development District.

WHAT ACTION ACCOMPLISHES:

Adopts an ordinance to establish the Catalina at Winkler Preserve Community Development District pursuant to the petitioned request of D.R. Horton, Inc.  Creates an independent special district that provides an alternative method to manage and finance basic services for community development.

MANAGEMENT RECOMMENDATION:

Approve  (#20051191-County Attorney)

Adjourn until 5:00 PM

1.

COUNTY ADMINISTRATION

(A)

ACTION REQUESTED/PURPOSE:

Approve Extension Agreement between Lee County and the City of Sanibel for the interim funding of the Sanibel Library during the time of the referendum and until September 30, 2006.  Authorize Chairman’s signature on the Extension Agreement.

WHAT ACTION ACCOMPLISHES:

The current agreement expires on September 30, 2005.  An extension will allow for continued county funding until September 30, 2006.

MANAGEMENT RECOMMENDATION:

Staff recommends approval.  (#20051241-County Manager)

(B)

ACTION REQUESTED/PURPOSE:

Support County Manager’s Management Improvement Task Force of retired executives.

WHAT ACTION ACCOMPLISHES:

The Task Force will evaluate the county’s road development process for ways to streamline/shorten the process (see attached write-up).

MANAGEMENT RECOMMENDATION:

Approve  (#20051246-County Manager)

2.

CONSTRUCTION AND DESIGN

(A)

ACTION REQUESTED/PURPOSE:

Approve expenditures that will exceed the County Manager’s approval level ($50,000) for Quote IW030481, Janitorial Service for the City County Annex Building to the awarded vendor, Prather Enterprises, Inc, for the annual grand total price of $52,895.  The quote amount was originally $44,200. but with the additional cleaning space of Public Safety on the third floor and the annual CPI increase has prompted the need for board approval.  This quote is in its second year of a three-year contract; also request authority to renew this quote for an additional two-year period, at the same terms and conditions, if in the best interest of Lee County.

WHAT ACTION ACCOMPLISHES:

Allows Facilities Management to provide reliable janitorial service.

MANAGEMENT RECOMMENDATION:

Staff recommends approval  (#20051209-Facilities Management)

3.

COUNTY COMMISSIONERS

4.

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 $43,826 for the Low Income Home Energy Assistance Program (LIHEAP); approve a budget amendment resolution.

WHAT ACTION ACCOMPLISHES:

Will provide a total of $485,302 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.  (#20051230-Human Services)

6.

INDEPENDENT

(A)

ACTION REQUESTED/PURPOSE:

Accept Beach Storm Damage Reduction Easement for Parcel 134, for the Estero Island Beach Restoration Project No. 3022; authorize payment of recording fees; authorize the Division of County Lands to handle and accept all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

Enables County to pursue Federal funding for the project.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested.  (#20051153-County Lands)

(B)

ACTION REQUESTED/PURPOSE:

Authorize: (1) approval of Easement Purchase Agreement for acquisition of Parcel 607, Imperial Street Widening, Project 4060, in the amount of $1,000; (2) Chairman, on behalf of the Board, to sign the Purchase Agreement; (3) payment of costs and fees to close; (4) Division of County Lands to handle and accept all documentation necessary to complete this transaction and grant time extension to close, if necessary.

WHAT ACTION ACCOMPLISHES:

Allows the County to proceed with the project without resorting to Eminent Domain proceedings.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested  (#20051154-County Lands)

(C)

ACTION REQUESTED/PURPOSE:

Approve Purchase Agreement for the acquisition of the property at 8152 Hart Drive and 8153 Suncoast Drive, North Fort Myers for the Suncoast Neighborhood Task Force Site Acquisition Project in the amount of $125,000, pursuant to terms and conditions set forth in the Purchase 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 purchase of land for the Suncoast Neighborhood Task Force Site Acquisition Project.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested.  (#20051177-County Lands)

7.

PUBLIC SAFETY

8.

SOLID WASTE-NATURAL RESOURCES

(A)

ACTION REQUESTED/PURPOSE:

Approve the Inter-agency Delegation Agreement between Lee County and the South Florida Water Management District (“District”) for the delegation of enforcement responsibility of the District to the County.  Authorize Chairman’s signature on the Delegation Agreement.

WHAT ACTION ACCOMPLISHES:

Board of County Commissioners’ approval is required to finalize the agreement with the South Florida Water Management District.

MANAGEMENT RECOMMENDATION:

Management recommends approval. Promotes consistent enforcement of rules and regulations governing the water well construction program for all water wells in Lee County.  (#20051166-Natural Resources)

(B)

ACTION REQUESTED/PURPOSE:

Execute Amendment No. 1 to Contract No. OT040966 with South Florida Water Management District (SFWMD) for the East Lee County Creek Restoration Project (Project No. 8586).  Amendment No. 1 extends the term of the agreement to December 20, 2005 and revises Exhibit D, Payment and Deliverable Schedule, to coincide with the new expiration date.

WHAT ACTION ACCOMPLISHES:

Provides additional time to complete contract deliverables.

MANAGEMENT RECOMMENDATION:

Staff supports approval.  (#20051222-Natural Resources)

(C)

ACTION REQUESTED/PURPOSE:

Concur with the ranking of Consultants by the Competitive Negotiations Committee for CN-05-18 NORTH FORT MYERS SURFACE WATER MANAGEMENT PLAN, in the following order of ranking, and authorize contract negotiations to commence with the number one ranked firm: (1) Boyle Engineering Corp; (2) URS; (3) Stanley Consultants Inc.

WHAT ACTION ACCOMPLISHES:

Provide an overall assessment of the North Fort Myers region of the County with regard to surface water management.  Develop a surface water management plan to cover all watersheds in the region.

MANAGEMENT RECOMMENDATION:

Staff recommends approval.  (#20051225-Natural Resources)

9.

TRANSPORTATION

(A)

ACTION REQUESTED/PURPOSE:

Award B-05-18 County-Wide Minor Signalization Improvements to the two (2) lowest responsive/responsible bidders meeting all bidding requirements-E.B. Simmonds Electrical, Inc. and Kent Technologies, Inc., based on individual unit prices, for a total not-to-exceed annual contract amount of $300,000.00, with a final project completion time of 360 days.  Also, authorize Chairman to execute contract on behalf of the Board.  This contract 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 streetlights.  This contract will also be utilized in a natural or man-caused hazard.

MANAGEMENT RECOMMENDATION:

Approval recommended.  (#20051193-Transportation)

10.

UTILITIES

(A)

ACTION REQUESTED/PURPOSE:

Approve final acceptance, by Resolution, as a donation of one 6’’ fire line, one single water service and one fire hydrant relocation serving Eighty-one Hundred a.k.a. Six Mile Commercial Park, Lot 17 & 18 to provide potable water service and fire protection to this newly constructed Industrial building. This is a Developer Contributed asset project located on the north side of Independence Circle approximately 200’ east of Banner Drive.

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.  (#20051117-Utilities)

(B)

ACTION REQUESTED/PURPOSE:

Approve Supplemental Task Authorization (STA) No. 1 to WilsonMiller Inc., under CN-04-14 MISCELLANEOUS UTILITY ENGINEERING DESIGN AND/OR INSPECTION SERVICES: 30-inch Water Main Relocation for Daniels/I-75 Interchange Improvements. Contract No. 2931, in the amount of $73,400. This project was in the CIP and funds are available within the budget.

WHAT ACTION ACCOMPLISHES:

Contractor to provide 30-inch Water Main Relocation for Daniels/I-75 Interchange.

MANAGEMENT RECOMMENDATION:

Staff recommends approval.  (#20051196-Utilities)

(C)

ACTION REQUESTED/PURPOSE:

Approve construction of a water distribution and gravity collection system serving Colony Trace to provide potable water service, fire protection and sanitary sewer service to this proposed single-family residential development. This is a Developer Contributed asset project located along the east side of Winkler Road approximately one mile south of Summerlin Road.

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.  (#20051197-Utilities)

(D)

ACTION REQUESTED/PURPOSE:

Approve award of Formal Quotation No. Q-050569 Annual Purchase of Carbon Dioxide for Utilities, to the low quoter meeting specifications, Airgas Carbonic, at a cost of $139 per ton as listed on the attached Lee County Tabulation Sheet.  (Note: The apparent low quoter, Air Liquide, was unable to meet the specified insurance requirements.  Please see Attachment # 5.)  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; and to exercise the price escalator clause as per the specifications on an as-needed basis. In the event that the low quoter is unable to establish the effectiveness of their product, 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(s).  Funding will be available from the individual department or division’s budget whom will be responsible for monitoring their individual expenditures.  Utilities estimates expending approximately $60,000 annually for carbon dioxide.

WHAT ACTION ACCOMPLISHES:

Provides Utilities with a reliable source of carbon dioxide to maintain its facilities throughout Lee County.

MANAGEMENT RECOMMENDATION:

Approve as stated.  (#20051199-Utilities)

(E)

ACTION REQUESTED/PURPOSE:

Approval to remove account balances for Fiscal Year 04/05 considered uncollectible for Lee County Utilities System in the amount of $116,864.20, which is less than 1% of annual water and sewer revenues.

WHAT ACTION ACCOMPLISHES:

Adjusts accounts receivable balance to reflect anticipated collections.

MANAGEMENT RECOMMENDATION:

Approval.  (#20051211-Utilities)

11.

PARKS AND RECREATION

(A)

ACTION REQUESTED/PURPOSE:

Approve the recommendation made by the Conservation Land Acquisition and Stewardship Advisory Committee (CLASAC) that $437,813 transferred from the Conservation 20/20 principal in 2001 be spent on management needs for Deep Lagoon Preserve, Pine Lake Preserve and the Conservation 20/20 portions of Hickey’s Creek Preserve and Imperial Marsh Preserve.

WHAT ACTION ACCOMPLISHES:

Provides Conservation 20/20 staff efficiency for implementing restoration projects for four preserves with approved stewardship and restoration plans without having to seek CLASAC and BOCC approval for each task.

MANAGEMENT RECOMMENDATION:

Approve proposal to streamline restoration efforts at four Conservation 20/20 Preserves.  (#20051221-Parks and Recreation)

12.

COUNTY ATTORNEY

(A)

ACTION REQUESTED/PURPOSE:

Direct an ordinance creating the Verandah East Community Development District to public hearing on October 25, 2005 at 9:30 a.m., or as soon thereafter as possible.

WHAT ACTION ACCOMPLISHES:

Verandah Development, LLC, has petitioned the Board to establish the Verandah East community Development District.

MANAGEMENT RECOMMENDATION:

Approve  (#20051208-County Attorney)

13.

HEARING EXAMINER

14.

PORT AUTHORITY

15.

CONSTITUTIONAL OFFICERS

(A)

ACTION REQUESTED/PURPOSE:

Approve disbursements.

WHAT ACTION ACCOMPLISHES:

Florida Statute Chapter 136.06(1) requires that all County disbursements be recorded in the Minutes of the Board.  Compliance with the requirements of FS 136.06(1).

MANAGEMENT RECOMMENDATION:

Approve  (#20051220-Clerk of Court)

1.

COUNTY ADMINISTRATION

2.

CONSTRUCTION AND DESIGN

3.

COUNTY COMMISSIONERS

4.

COMMUNITY DEVELOPMENT

5.

HUMAN SERVICES

6.

INDEPENDENT

(A)

ACTION REQUESTED/PURPOSE:

Board to determine and award the appropriate pay-for-performance increases for the Contract Employees (County Manager and Chief Hearing Examiner) based on the individual evaluations completed by each Commission member.

WHAT ACTION ACCOMPLISHES:

To remain consistent with the County philosophy of pay-for-performance throughout the entire employee team.  This will reinforce the fact the Board supports pay-for-performance throughout the organization regardless of the employee’s level, and it rewards the Contract Employees for their performance and contributions to the organization in fiscal year 2004-2005.

MANAGEMENT RECOMMENDATION:

Follow Board’s direction.  (#20051219-Human Resources)

7.

PUBLIC SAFETY

8.

SOLID WASTE-NATURAL RESOURCES

9.

TRANSPORTATION

10.

UTILITIES

11.

PARKS AND RECREATION

12.

COUNTY ATTORNEY

13.

HEARING EXAMINER

14.

PORT AUTHORITY

15.

CONSTITUTIONAL OFFICERS

Walk On

ACTION REQUESTED/PURPOSE:
Approve submittal of a FY 06/07 State Infrastructure Bank (SIB) loan application for $7.9 million for the construction phase of the six-laning of Colonial Boulevard between I-75 and SR 82, and authorize the Chairman to execute a resolution committing to repay the loan with 2% interest in FY 09/10 from District 23 road impact fees.
WHAT ACTION ACCOMPLISHES:
Authorizes pursuit of a low interest loan to fund the Colonial Boulevard six-lane construction phase, thereby freeing up road impact fee funds to advance the Ortiz Avenue widening between SR 82 and SR 80, a critical parallel reliever to I-75.  Execution of resolution satisfies FDOT requirements regarding repayments using local fund sources.

MANAGEMENT RECOMMENDATION:
Approve.  (#20051271-Transportation)

REASON FOR WALK ON:
Deadline to FDOT is 9/16/05
 

(#2)

ACTION REQUESTED/PURPOSE: 
Authorize county staff – through its Smart Growth Director, County Attorney, and Commission Liaison – to participate in discussions toward a four-party agreement relating to the disposition of Babcock Ranch.  The four-party agreement is proposed between Lee and Charlotte counties, the State of Florida (DCA), and Kitson and Partners (Babcock’s prospective buyer).
WHAT ACTION ACCOMPLISHES: 
Allows staff to participate in discussions about preservation/development potential of Babcock Ranch and bring proposals to the Board of Lee County Commissioners for either ratification or denial.  Participation should not be construed to indicate any promises by the county other than development rights already existing on the Babcock property in Lee County.
MANAGEMENT RECOMMENDATION: 
Approve (#20051306 – County Administration)
REASON FOR WALKON:
Per Board Direction
 

5:00 PM

(#1)

Public Hearing

ACTION REQUESTED/PURPOSE:

Adopt and certify by Resolution the Special Assessment Roll for Palm Frond Sewer MSBU for collection by the Lee County Tax Collector for Fiscal Year 2005-2006.

WHAT ACTION ACCOMPLISHES:

Allows staff to utilize the annual tax bill for the collection of special assessments.

MANAGEMENT RECOMMENDATION:

Approve  (#20051192-MSTBU Services)

(#2)

Public Hearing

ACTION REQUESTED/PURPOSE:

Conduct a public hearing to consider and adopt an Ordinance amending and restating Lee County Ordinance No. 96-12, the “Conservation Lands Acquisition Implementation Ordinance” at Sections Three and Four of the Ordinance.

WHAT ACTION ACCOMPLISHES:

Amends certain portions of the original implementing Ordinance for the Conservation Lands Acquisition Program.

MANAGEMENT RECOMMENDATION:

The Conservation Lands Acquisition and Stewardship Advisory Committee (CLASAC), Administrative Staff and the County Attorney’s Office recommend adoption of the Amending and Restating Ordinance.  (#20051189-County Attorney)

5:05 PM

Public Presentation of Matters by Citizens

Adjourn