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

May 8, 2007

9:30 AM

Invocation:

Pastor Steve Hess

Zion Lutheran Church

Pledge of Allegiance

Presentations:

CP 1

·        

Ceremonial Resolution Recognizing Letter Carrier’s National Food Drive Day

(#20070689 – Commissioner Judah)

CP 2

·        

Ceremonial Resolution Recognizing Babcock Ranch Preserve

(#20070690 – Commissioner Janes)

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

9:30 AM

Update on Courts and Corrections Planning from consultant David Bennett.

(#20070496 – County Administration)

Walk-ons and Carry-overs

Public Hearings

Commissioners' Items/Committee Appointments

County Manager Items

County Attorney Items

Recess until 5:00 PM
 

9:30 AM

Public Hearings

PH 1

ACTION REQUESTED/PURPOSE: 

Adopt an ordinance providing for the reinstatement of certain residential building permits.

FUNDING SOURCE:

n/a

WHAT ACTION ACCOMPLISHES: 

Authorizes the Lee County Building Official to reinstate certain expired residential building permits to avoid potential financial hardship.

MANAGEMENT RECOMMENDATION:                                                                    

Approve (#20070674 – County Attorney)

1.

COUNTY ADMINISTRATION

2.

CONSTRUCTION AND DESIGN

(A)

ACTION REQUESTED/PURPOSE:  

Approve the Construction Manager (CM) Agreement under RFQ -05-07 County-Wide Contract for Construction Management, for multiple projects under the project known as LAKES PARK TRAIN DEPOT MULTI PURPOSE BUILDING to Karr Group, Inc. d/b/a Casey Construction (Contract #3157), for a total Guaranteed Maximum Price (GMP) of $784,760.10 (includes a CM fee of $53,854.35) with a project completion time of two hundred ten (210) days.  Approve waiving of the formal process (if needed) and authorize the use of the Direct Materials Purchase Orders as provided 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.  Authorize Chairman to execute Agreement on behalf of the Board upon receipt.  Approve a Budget Amendment Resolution for $50,000 in the Capital Improvement Fund (30100) from the Friends of the “Railroad Museum of South Florida’s Train Village” contribution and amend the FY 06/07 – 10/11 CIP accordingly.

FUNDING SOURCE: 

Fund – Regional Park Impact Fees; Program – Capital Projects; Project – Lakes Park Master Plan

Fund – Capital Improvement Fund; Program – Capital Projects; Project – Lakes Park Master Plan

Fund – Capital Improvement Fund; Program – Capital Projects; Project –Lakes Park ADA Restrooms

WHAT ACTION ACCOMPLISHES: 

Provides Lee County Parks and Recreation with a Construction Manager to complete Re-roofing of five buildings, ADA Restrooms and Train Depot Multi Purpose Building.

MANAGEMENT RECOMMENDATION: 

Approve (#20070244 – Construction & Design)

(B)

ACTION REQUESTED/PURPOSE: 

Approve Addendum to the Construction Manager Agreement under RFQ-05-07 COUNTY-WIDE CONTINUING CONTRACT FOR CONSTRUCTION MANAGEMENT, for the project known as Hammond Stadium Main South Deck Coating, to Karr Group, Inc. d/b/a Casey Construction, for a total Guaranteed Maximum Price (GMP) of $273,070.34.00 (includes CM Fee of $22,255.00), with a project completion time of two (2) calendar months.  Also request that the Board approve waiving of the formal process (if needed) and authorize the use of the Direct Materials 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.  Also, authorize Chairman to execute Addendum upon receipt.

FUNDING SOURCE: 

Fund – General Fund; Program – Major Maintenance; Project – Sports Complex Concourse Floor Deck Coating.

WHAT ACTION ACCOMPLISHES:  

Provides Lee County with a Construction Manager for the installation of a Neoguard Pedestrian Waterproofing System with an integral 8” cove base to the main south walkway deck and restrooms.  Existing 2” expansion joints will be removed and replaced and the concrete will be restored to a sound condition in six (6) known areas.

MANAGEMENT RECOMMENDATION: 

Approve (#20070636 – Facilities)

(C)

ACTION REQUESTED/PURPOSE: 

Approve termination of Lease, First Amendment to Lease and Second Amendment to Lease, effective April 30, 2007, for Richard Martin Fuller, Esquire who occupies Suite 501 in the Justice Center Annex located at 2000 Main Street, Ft. Myers, Florida.   

FUNDING SOURCE: 

Funding is not required

WHAT ACTION ACCOMPLISHES: 

Allows tenant to terminate Lease, First Amendment to Lease and Second Amendment to Lease, per Section 22.15 of the Second Amendment to Lease.

MANAGEMENT RECOMMENDATION: 

Approve (#20070662 – Facilities)

3.

COUNTY COMMISSIONERS

4.

COMMUNITY DEVELOPMENT

5.

HUMAN SERVICES

6.

INDEPENDENT

(A)

ACTION REQUESTED/PURPOSE: 

Approve the Purchase Agreement for acquisition of Parcel 115, consisting of 6,534 square feet

(± .15 acre) of vacant land located along Church Road, in Hendry County, for the Church Road Extension Project No. 0919, in the amount of $3,500; authorize payment of necessary fees to close; authorize the Division of County Lands to handle and accept all documentation necessary to complete the transaction.

FUNDING SOURCE: 

Fund: Solid Waste Management; Program: Capital Project; Project: Church Road Extension

WHAT ACTION ACCOMPLISHES:  

Acquires property for the Church Road Extension Project without the necessity of an eminent domain action.

MANAGEMENT RECOMMENDATION: 

Approve (#20070659 – County Lands)

(B)

ACTION REQUESTED/PURPOSE: 

Approve and execute a utility easement to Florida Power and Light Company for the Justice Center. Authorize Division of County Lands to handle all documentation necessary to complete the transaction.

FUNDING SOURCE: 

Fund: Capital Improvement Fund  Program: Capital Projects; Project: Justice Center Expansion

WHAT ACTION ACCOMPLISHES: 

Provides an easement for electric service to the Justice Center.

MANAGEMENT RECOMMENDATION: 

Approve (#20070666 – County Lands)

7.

PUBLIC SAFETY

(A)

ACTION REQUESTED/PURPOSE: 

Authorize Chair to execute an agreement with the State of Florida, Division of Emergency Management which provides funding in the amount of $1,480,839 to offset preliminary costs for the construction of a new Emergency Operations Center (EOC).  Approve Budget Amendment Resolution in the general fund for FY07 in the amount of $1,480,839.

FUNDING SOURCE: 

General Fund-Grant Funded

WHAT ACTION ACCOMPLISHES: 

Provides funding to assist in the construction of a new EOC.

MANAGEMENT RECOMMENDATION: 

Approve (#20070606 – Public Safety)

8.

SOLID WASTE-NATURAL RESOURCES

(A)

ACTION REQUESTED/PURPOSE: 

Approve Agreement between the West Coast Inland Navigation District and Lee County to fund a project for the Lee County Sheriff’s Office (LCSO) in the amount of $60,000 for the purchase of a law enforcement vessel. Approve Agreement between Lee County and the Lee Co. Sheriff’s Office to administer this grant. Approve Budget Amendment Resolution for FY 06-07 in the amount of $60,000 for project 403135, W-Marine Law Enforcement.

FUNDING SOURCE: 

WCIND Lee County Countywide Navigation Improvement Fund (CNIF).

WHAT ACTION ACCOMPLISHES: 

Approves funding source from WCIND. Approves subgrant agreement for grant management between Lee County and LCSO.

MANAGEMENT RECOMMENDATION: 

Approve (#20070650 – Natural Resources)

9.

TRANSPORTATION

10.

UTILITIES

(A)

ACTION REQUESTED/PURPOSE: 

Approve payment in the amount of $3,540,629.09 to the City of Fort Myers for the first two quarters of FY06-07 wastewater treatment costs.

FUNDING SOURCE:

Lee County Utilities Operating; Program: Wastewater Treatment Contract; Project: Other Contracted Services.

WHAT ACTION ACCOMPLISHES: 

Authorizes Lee County Utilities to pay for the first two quarters of FY 06/07 estimated wastewater treatment costs based on the City of Fort Myers’ flow estimates. 

MANAGEMENT RECOMMENDATION: 

Approval. (#20070664 – Utilities)

11.

PARKS AND RECREATION

12.

COUNTY ATTORNEY

13.

HEARING EXAMINER

14.

PORT AUTHORITY

15.

CONSTITUTIONAL OFFICERS

(A)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant.  Pursuant to Florida Statute Chapter 197; the Board is to hold unclaimed overbid funds from Delinquent Tax sales for a period of two years on behalf of the original property owner.

FUNDING SOURCE:

Delinquent Tax Property sale proceeds in excess of the taxes owed, held on behalf of the former property owner by the Board.

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  (#20070682 – Clerk of Court)

(B)

ACTION REQUESTED/PURPOSE: 

Approve the Minutes for the following meetings of the Board of County Commissioners held for the week of April 2nd through April 6th, 2007:

April 03, 2007 (Regular)                              April 05, 2007 (Budget Workshop)

FUNDING SOURCE:

Not Applicable.

WHAT ACTION ACCOMPLISHES: 

Approval of the Board Minutes, pursuant to Florida Statute 286.011

MANAGEMENT RECOMMENDATION: 

Approve (#20070683 – Minutes)

(C)

ACTION REQUESTED/PURPOSE: 

Approve the Minutes for the following meetings of the Board of County Commissioners held for the week of April 9th through April 13th, 2007:

April 09, 2007 (M&P)                              April 10, 2007 (Regular)

April 11, 2007 (Comp Plan)

FUNDING SOURCE:

Not Applicable.

WHAT ACTION ACCOMPLISHES: 

Approval of the Board Minutes, pursuant to Florida Statute 286.011

MANAGEMENT RECOMMENDATION: 

Approve (#20070684 – Minutes)

(D)

ACTION REQUESTED/PURPOSE: 

Approve the Minutes for the following meetings of the Board of County Commissioners held for the week of April 16th through April 19th, 2007:

April 16, 2007 (Zoning)                              April 17, 2007 (Regular)

FUNDING SOURCE:

Not Applicable.

WHAT ACTION ACCOMPLISHES: 

Approval of the Board Minutes, pursuant to Florida Statute 286.011

MANAGEMENT RECOMMENDATION: 

Approve (#20070685 – Minutes)

(E)

ACTION REQUESTED/PURPOSE: 

Approve the Minutes for the following meetings of the Board of County Commissioners held for the week of April 23rd through April 27th, 2007:

April 24, 2007 (Regular)                             

FUNDING SOURCE:

Not Applicable.

WHAT ACTION ACCOMPLISHES: 

Approval of the Board Minutes, pursuant to Florida Statute 286.011

MANAGEMENT RECOMMENDATION: 

Approve (#20070686 – Minutes)

(F)

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.

WHAT ACTION ACCOMPLISHES:

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

MANAGEMENT RECOMMENDATION:

Compliance with the requirements of FS 136.06 (1) (#20070687– 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

10.

UTILITIES

11.

PARKS AND RECREATION

12.

COUNTY ATTORNEY

(A)

ACTION REQUESTED/PURPOSE: 

Approve the Resolution of Necessity for the acquisition and condemnation of a parcel required for the Fiesta Village Sewer Collection System Improvement, Project No. 7293.

FUNDING SOURCE: 

Fund: Enterprise Fund; Program: Capital Projects; Project: Fiesta Village Sewer Collection System Improvement

WHAT ACTION ACCOMPLISHES: 

The Resolution of Necessity allows the County to proceed with condemnation, if required, of the necessary parcel for expansion of the Fiesta Village Sewer Collection System. 

MANAGEMENT RECOMMENDATION: 

Approve (#20070647 – County Attorney)

(B)

ACTION REQUESTED/PURPOSE:  

Request Board authorize the continued use of the law firm of Oertel, Fernandez, Cole & Bryant for the defense of Dean & Dean Farms, Inc. vs. Lee County, Case No. 06-CA-5011, and to provide consulting legal services in the case of Schwab Materials, Inc. vs. Lee County, Case No. 06-CA-3003.

FUNDING SOURCE:  

County Attorney and Department of Community Development internal funding.

WHAT ACTION ACCOMPLISHES:  

Provides the County Attorney’s Office with authorization to continue to utilize Ken Oertel, Esq. to pursue the defense of Dean & Dean Farms, Inc. challenging the Pine Island Community Plan and Amendment, and to assist with the “Schwab” case.

MANAGEMENT RECOMMENDATION:  

Approve authorization to continue the defense of the Pine Island Community Plan, and to provide consulting assistance in the “Schwab” case utilizing Ken Oertel, Esq.

(#20070669 – DCD/County Attorney)

13.

HEARING EXAMINER

14.

PORT AUTHORITY

15.

CONSTITUTIONAL OFFICERS

#1

Walk On

ACTION REQUESTED/PURPOSE: 
Award recognition plaque to Ms. Jean Epstein for her generous donation of $50,000 to the Animal Care Trust Fund.
FUNDING SOURCE: 
N/A
WHAT ACTION ACCOMPLISHES: 
Citizen recognition.
MANAGEMENT RECOMMENDATION: 
Approve (#20070709 – Animal Services)

#2

Walk On

ACTION REQUESTED/PURPOSE: 
Adopt Resolution and approve the seventh extension of the Declaration of a State of Local Emergency and the prohibition of the use of open burning and other outdoor ignition sources. 
FUNDING SOURCE: 
N/A
WHAT ACTION ACCOMPLISHES: 
Implements Lee County Ordinance 02-08, prohibiting the use of outdoor ignition sources and extends the State of Local Emergency for an additional seven (7) days.
MANAGEMENT RECOMMENDATION: 
Approve.
REASON FOR WALK ON:
Dry weather conditions have not improved and it is recommended that the State of Local Emergency and burn prohibition be extended another seven (7) days. (#20070703 – Public Safety)
 

5:00 PM

No Items Received

5:05 PM

#1

Public Hearing

ACTION REQUESTED/PURPOSE: 

Conduct first public hearing regarding an ordinance amending Lee County Land Development Code (LDC) Chapters 2, 10, 14, 30, 33, and 34; Direct the proposed ordinance to a second public hearing on  May 22, 2007 at 5:05 p.m. in the Commission Chambers.

FUNDING SOURCE:

WHAT ACTION ACCOMPLISHES: 

Satisfies the Board policy to hold two public hearings to amend the LDC.   If adopted, the regulations will establish development standards specifically applicable to the Greater Pine Island Planning Community.

MANAGEMENT RECOMMENDATION: 

Approve (#20070688 – County Attorney)

5:05 PM

Public Presentation of Matters by Citizens

Adjourn