LEE COUNTY BOARD: Agenda for Tuesday, April 28, 2009

District #1 District #2 District #3 District #4 District #5

Bob Janes Brian Bigelow Ray Judah Tammy Hall Frank Mann

Chairman Vice Chair

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Donald D. Stilwell David M. Owen

County Manager County Attorney

April 28, 2009

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:

Invocation: Pastor Becky Robbins/Penniman, Lamb of God Church

Pledge of Allegiance

Ceremonial Presentations

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

9:30 AM CEREMONIAL PRESENTATION

1. Ceremonial presentation Fort Myers SWFL Florida Fashion Week. (#20090407-Commissioner Judah)

CONSENT AGENDA

1. COUNTY ADMINISTRATION

2. ADMINISTRATIVE SERVICES

A) ACTION REQUESTED/PURPOSE:

Approve use of new Tourist Tax subfund (17401) for distribution of excess revenues after payment of debt service for the Lee County Sports Complex. Approve transfer and budget amendment.

(#20090389-ADMINISTRATIVE SERVICES)

FUNDING SOURCE:

Tourist Tax.

WHAT ACTION ACCOMPLISHES:

Creates a new subfund for excess debt service funds remaining after payment of debt for the Lee County Sports Complex.

MANAGEMENT RECOMMENDATION:

Approve.

3. COMMUNITY DEVELOPMENT

A) ACTION REQUESTED/PURPOSE:

Amend External Fees Manual (EX 2-0) to adjust building fees (including permits, plan review and inspection fees). Fees have not been adjusted since 1995 and the base permit fees have remained the same since 1988.

(#20090384-COMMUNITY DEVELOPMENT)

FUNDING SOURCE:

N/A.

WHAT ACTION ACCOMPLISHES:

The adjusted fees will provide revenues to help offset the cost of providing service.

MANAGEMENT RECOMMENDATION:

Approve.

B) ACTION REQUESTED/PURPOSE:

Approve award of Formal Quotation No. Q-090190 Lot Mowing for Code Enforcement for the Department of Community Development, to the low quoters meeting specifications, Superior Landscaping and Lawn Service, Inc. and Brook Valley Inc. at the prices listed on the attached Lee County Tabulation Sheet. 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 the low quoters are 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 lowest quoter(s) Funding will come from the individual department or division’s budget whom will be responsible for monitoring their individual expenditures. Community Development estimates annual expenditures will exceed $100,000.

(#20090391-COMMUNITY DEVELOPMENT)

FUNDING SOURCE:

Fund: Unincorporated MSTU, Program: Community Development/Code Enforcement, Other Professional Services.

WHAT ACTION ACCOMPLISHES:

Allows Community Development to obtain necessary mowing service on an as needed basis.

MANAGEMENT RECOMMENDATION:

Approve.

3. COMMUNITY DEVELOPMENT (Continued)

C) ACTION REQUESTED/PURPOSE:

Approve bald eagle management plan for nest LE-026A & LE-026B for residential and commercial development at the Enclave at Eagles Nest Property in North Fort Myers as recommended by Lee County Environmental Sciences and Eagle Technical Advisory Committee (ETAC). (#20090401-COMMUNITY DEVELOPMENT)

FUNDING SOURCE:

N/A.

WHAT ACTION ACCOMPLISHES:

Board approval is required to accept a Southern Bald Eagle management plan under the County’s Eagle Protection Ordinance.

MANAGEMENT RECOMMENDATION:

Approve.

4. CONSTRUCTION AND DESIGN

5. COUNTY COMMISSIONERS

6. COUNTY LANDS

A) ACTION REQUESTED/PURPOSE:

Accept donation of two remnant right of way parcels located at the southeast and southwest corners of the intersection of Milwaukee Boulevard and Preston Street, Lehigh Acres, Florida.

(#20090366-COUNTY LANDS)

FUNDING SOURCE:

Fund: Transportation Trust Fund; Program: DOT-Engineering Services, Planning and Fund: Transportation Capital Improvement; Program: Capital Projects; Project – ROW Opportunities.

WHAT ACTION ACCOMPLISHES:

Provides additional right of way area along Milwaukee Boulevard.

MANAGEMENT RECOMMENDATION:

Approve.

7. HUMAN SERVICES

A) ACTION REQUESTED/PURPOSE:

Approve and execute the contract with the Department of Community Affairs, (DCA) and the Budget Resolution for the Weatherization Assistance Program to establish funding for the Weatherization for FY 09.

(#20090390-HUMAN SERVICES)

FUNDING SOURCE:

Department of Community Affairs grant to general fund.

WHAT ACTION ACCOMPLISHES:

Allows the Department of Human Services to accept $49,720 for the weatherization and energy conservation of homes of low-income households in Lee County.

MANAGEMENT RECOMMENDATION:

Approve.

7. HUMAN SERVICES (Continued)

B) ACTION REQUESTED/PURPOSE:

1). Approve criteria for the FY 2009-2010 Partnering for Results (PFR) process; Approve set aside of Partnering for Results funding to meet the State child care match requirement for income eligible/working poor; Authorize 7.5% of allocated funds be set aside for the implementation of the 10 Year Plan to End Homelessness.

2). Confirm the included list of individuals submitted from participating organizations to serve on the 2009-2010 Partnering For Results Proposal Review Panel. (#20090393-HUMAN SERVICES)

FUNDING SOURCE:

FY 2009-2010 General Fund dollars to be allocated for Partnering For Results to be determined during the budget process and subject to availability of County general funds.

WHAT ACTION ACCOMPLISHES:

Provides policy for the Partnering for Results Proposal process.

MANAGEMENT RECOMMENDATION:

Approve moving forward with the RFP process with the caveat that funds may not be available or may be dramatically decreased due to the availability of County general funds.

8. INDEPENDENT

9. NATURAL RESOURCES/ SOLID WASTE

A) ACTION REQUESTED/PURPOSE:

Award B-09-12 KICKAPOO CREEK IMPROVEMENTS to the lowest responsive, responsible bidder, utilizing Alternate No. 1, Boran, Craig, Barber, Engel Construction, Inc., in the lump sum amount of $200,271.00 with a total project completion time of 150 calendar days. Also, authorize Chairman to execute contract on behalf of the Board upon receipt. (#20090315-NATURAL RESOURCES)

FUNDING SOURCE:

Funds: Capital Improvement Fund & General Fund; Program: Water Resources Capital & Major Maintenance Projects; Project: Culvert Replacement Project & Neighborhood Improvement Project.

WHAT ACTION ACCOMPLISHES:

Provides the County with a Contractor to perform improvements and upgrades of the storm water system at the Lee Civic Center. The work will include replacing/installing control structures and replacing lake interconnects.

MANAGEMENT RECOMMENDATION:

Approve.

10. PARKS AND RECREATION

A) ACTION REQUESTED/PURPOSE:

Approve the second edition of the Imperial Marsh Preserve (IMP) Land Stewardship Plan.

(#20090370-PARKS AND RECREATION)

FUNDING SOURCE:

N/A.

WHAT ACTION ACCOMPLISHES:

Approval of the IMP Land Stewardship Plan establishes guidelines for restoration, stewardship activities and use of the Preserve.

MANAGEMENT RECOMMENDATION:

Approve.

11. PUBLIC SAFETY

A) ACTION REQUESTED/PURPOSE:

Award the Service Provider Agreement for RFQ-08-10 PROVISION OF EMERGENCY MEDICAL SERVICE STOCK, to LeeSar Regional Service Center with an expected annual cost of the outsourcing of $1,500,000.00 for a contract term of three (3) years with two, one-year renewal options. Also, authorize Chairman to execute the Service Provider Agreement, Participation Agreement and Distribution Services Agreement on behalf of the Board upon receipt. (#20090383-PUBLIC SAFETY)

FUNDING SOURCE:

Fund: General Fund; Program: Public Safety-Logistics; Project: Other Professional Services (EMS Stock).

WHAT ACTION ACCOMPLISHES:

Provides a firm that has the ability to order, warehouse, issue, package in specified kits or as open stock, and distribute medical supplies for the provisioning of Lee County Emergency Medical Services (EMS) and remove and dispose of biomedical waste. Provider shall also package and distribute “jump bags” with medical supplies for pre-hospital patient treatment by the County.

MANAGEMENT RECOMMENDATION:

Approve.

B) ACTION REQUESTED/PURPOSE:

Authorize Chair to accept E911 State Grant Award in the amount of $345,000.00 in funding to upgrade the E-911 telephone equipment at the 9-1-1 Public Safety Answering points. No County Match required. Approve Budget Amendment Resolution in the amount of $345,000 and approve the expenditures in the like amount.

(#20090404-PUBLIC SAFETY)

FUNDING SOURCE:

911/User Fees/E-911 State Grant Program.

WHAT ACTION ACCOMPLISHES:

Provides funding to offset costs of upgrading 9-1-1 call taking equipment.

MANAGEMENT RECOMMENDATION:

Approve.

12. PUBLIC WORKS ADMINISTRATION

13. TRANSPORTATION

A) ACTION REQUESTED/PURPOSE:

Approve Addendum to the Construction Manager Agreement under RFQ-05-07 for the project known as PERSIMMON RIDGE ROAD, TIMBER BRIDGE REPLACEMENT, to Karr Group, Inc. d/b/a Casey Construction, Contract No. 3157, for a Guaranteed Maximum Price (GMP) of $311,410.96 (includes CM Fee of $23,215.96 or 8.92%), with a total completion time of 300 calendar days. 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 materials directly from suppliers of equipment and/or materials as a cost/time saving measure. Further, authorize Chairman to execute Addendum on behalf of the Board upon receipt. (#20090375-TRANSPORTATION)

FUNDING SOURCE:

Fund – Transportation Capital Improvement; Program – Capital Projects; Project – Persimmon Ridge Bridge.

WHAT ACTION ACCOMPLISHES:

Provides Lee County with a Construction Manager for the Persimmon Ridge Road Timber Bridge Replacement project.

MANAGEMENT RECOMMENDATION:

Approve.

13. TRANSPORTATION (Continued)

B) ACTION REQUESTED/PURPOSE:

Approve and authorize Chairman to execute the attached five (5) authorizing resolutions and Florida Department of Transportation (FDOT) Local Agency Program Agreements for Buckingham Road Paved Shoulders, Daniels at Bell Tower Improvements, Homestead Road at Milwaukee Road Improvements, Summerlin (McGregor Boulevard) at Sanibel Toll Plaza Improvements and Sunshine at Lee Boulevard Improvements. Also, approve a budget amendment resolution and amend the FY 2008/09-2013/14 CIP accordingly.

(#20090395-TRANSPORTATION)

FUNDING SOURCE:

Revenue – American Recovery and Reinvestment Act Funds (Stimulus Funds).

WHAT ACTION ACCOMPLISHES:

Approves 5 LAP Agreements and allows Lee County to receive $2,535,969 in Federal funds for DOT projects.

MANAGEMENT RECOMMENDATION:

Approve.

C) ACTION REQUESTED/PURPOSE:

Approve STA No. 6 (Continuation of STA 1) under CN-06-12 MISCELLANEOUS PROFESSIONAL SERVICES, for the Stimulus Plans Update and Post Design - Daniels Parkway and Bell Tower Drive Intersection, to AIM Engineering & Surveying, Contract No. 3606, in the amount of $29,881.93. This STA will bring the project amount to $116,419.93. Also authorize Chairman to execute STA on behalf of the Board.

(#20090403-TRANSPORTATION)

FUNDING SOURCE:

Fund – Transportation Capital Improvement; Program – Major Maintenance Projects; Project – Master Signal Project.

WHAT ACTION ACCOMPLISHES:

Provides a Consultant to update plans and provide post design services.

MANAGEMENT RECOMMENDATION:

Approve.

14. UTILITIES

A) ACTION REQUESTED/PURPOSE:

Developer Contributed Asset-Schandler Hall Park, Ph 2 (BS 20090364/11348, MMM/SDG): Approve final acceptance, by Resolution, as a donation of one fire hydrant branch line to provide fire protection to 'SCHANDLER HALL PARK, PHASE 2', an addition to an existing county park. This is a Lee County Department of Construction and Design contributed asset and the project is located along the east side of Royal Palm Park Road approximately 600' north of Palm Beach Boulevard. (#20090364-UTILITIES)

FUNDING SOURCE:

No funds required.

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.

14. UTILITIES (Continued)

B) ACTION REQUESTED/PURPOSE:

Developer Contributed Asset - Pine Ridge Government Complex (BS 20090365/11349, MMM/SDG): Approve final acceptance, by Resolution, as a donation of water and gravity main extensions, one 6'' diameter fire line, three 4'' diameter fire lines and three potable water services, an effluent reuse extension, and one 2" diameter effluent reuse service, to provide potable water service, fire protection, sanitary sewer service and irrigation service to the recently constructed 'PINE RIDGE GOVERNMENT COMPLEX'. This is a Lee County Department of Construction and Design contributed asset project located on the west side of Pine Ridge Road approximately 1200' south of Gladiolus Drive. (#20090365-UTILITIES)

FUNDING SOURCE:

No funds required.

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.

C) ACTION REQUESTED/PURPOSE:

Developer Contributed Asset - McGregor Spa Center (BS 20090368/11399, MMM/SDG): Approve final acceptance, by Resolution and recording of one (1) utility easement, as a donation of one potable water service, one 6'' diameter fire line, one fire hydrant, one force main connection, and a relocation of an existing force main, to provide potable water service, fire protection and sanitary sewer service to 'McGREGOR SPA CENTER', a recently constructed commercial office building. This is a Developer contributed asset project located along the east side of McGregor Boulevard approximately 500' north of A & W Bulb Road. (#20090368-UTILITIES)

FUNDING SOURCE:

No funds required.

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.

15. COUNTY ATTORNEY

16. HEARING EXAMINER

17. CONSTITUTIONAL OFFICERS

A) ACTION REQUESTED/PURPOSE:

Approve the Minutes for the following meetings of the Board of County Commissioners held during the week of April 13, 2009 through April 17, 2009:

April 14, 2009 (Regular)

(#20090408-MINUTES)

FUNDING SOURCE:

N/A.

WHAT ACTION ACCOMPLISHES:

Approval of the Board Minutes, pursuant to Florida Statute 286.011.

MANAGEMENT RECOMMENDATION:

Approve.

17. CONSTITUTIONAL OFFICERS (Continued)

B) ACTION REQUESTED/PURPOSE:

Request Board approves disbursements. The check and wire registers can now be viewed on the Clerk's Website at www.leeclerk.org by accessing the BOCC Minutes and Documents link. (#20090409-FINANCE)

FUNDING SOURCE:

N/A.

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).

C) ACTION REQUESTED/PURPOSE:

Present for information purposes interim reporting on selected financial activity and provide an update on the economic changes in today's market (see background information). (#20090410-FINANCE)

FUNDING SOURCE:

N/A.

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.

MANAGEMENT RECOMMENDATION:

The purpose of the 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.

18. PORT AUTHORITY AND OTHER GOVERNING BOARDS

ADMINISTRATIVE AGENDA

1. COUNTY ADMINISTRATION

2. ADMINISTRATIVE SERVICES

3. COMMUNITY DEVELOPMENT

4. CONSTRUCTION AND DESIGN

5. COUNTY COMMISSIONERS

6. COUNTY LANDS

7. HUMAN SERVICES

8. INDEPENDENT

9. NATURAL RESOURCES/ SOLID WASTE

A) ACTION REQUESTED/PURPOSE:

(1) Review and consider a Purchase and Sales Agreement between Lee County and FL BioFuels, LLC for the construction of a biodiesel processing facility in Lee County, requiring $500,000.00 of funding by the County, and the County's purchase of such biodiesel fuel blend as may be produced by the facility, on a cost plus basis; and, (2) If the Board determines to go forward with the Purchase and Sales Agreement in this Motion, make such decision contingent upon the County receiving at least $500,000.00 from the Federal and/or State government(s) to pay for the County's funding contribution required by the FL BioFuels' Purchase Sales Agreement.

(#20090396-SOLID WASTE)

FUNDING SOURCE:

Undetermined.

WHAT ACTION ACCOMPLISHES:

Would induce a private corporation to build a biodiesel processing facility in Lee County and require the County to purchase biodiesel fuel from such company.

MANAGEMENT RECOMMENDATION:

County Management does not recommend entering into the subject Purchase and Sales Agreement.

10. PARKS AND RECREATION

11. PUBLIC SAFETY

12. PUBLIC WORKS ADMINISTRATION

13. TRANSPORTATION

14. UTILITIES

15. COUNTY ATTORNEY

A) ACTION REQUESTED/PURPOSE:

Approve Offer of Judgment in the eminent domain action of Lee County v. Berti, et al., case no. 05CA-205-G, parcel 102North, in the amount of $77,500. (#20090376-COUNTY ATTORNEY)

FUNDING SOURCE:

Fund: Regional Park Impact Fees; Program: Capital Improvement Projects; Project: Ten Mile Linear Park.

WHAT ACTION ACCOMPLISHES:

Make Offer of Judgment in an effort to limit court costs incurred by Lee County when this action is concluded.

MANAGEMENT RECOMMENDATION:

Approve.

B) ACTION REQUESTED/PURPOSE:

Approve Offer of Judgment in the eminent domain action of Lee County v. Powell, Case No. 04CA-4818-G, parcel 204, Ten Mile Linear Park Project, in the amount of $145,000. (#20090377-COUNTY ATTORNEY)

FUNDING SOURCE:

Fund: Regional Park Impact Fees; Program: Capital Improvement Projects; Project: Ten Mile Linear Park.

WHAT ACTION ACCOMPLISHES:

Make Offer of Judgment in an effort to limit court costs incurred by Lee County when this action is concluded.

MANAGEMENT RECOMMENDATION:

Approve.

C) ACTION REQUESTED/PURPOSE:

Approve Offer of Judgment in the eminent domain action of Lee County v. Bigelow, et al., Case No. 06CA-848-H, parcel 211C, Ten Mile Linear Park Project, in the amount of $32,500. (#20090379-COUNTY ATTORNEY)

FUNDING SOURCE:

Fund: Road Impact Fees; Program: Capital Improvement Projects; Project: Ten Mile Linear Park.

WHAT ACTION ACCOMPLISHES:

Make Offer of Judgment in an effort to limit court costs incurred by Lee County when this action is concluded.

MANAGEMENT RECOMMENDATION:

Approve.

D) ACTION REQUESTED/PURPOSE:

Approve Offer of Judgment in the eminent domain action of Lee County v. Pate, et al., Case No. 05CA-4124, parcels 104, 105, 106, 107, 108, 109A&B, 110, Ten Mile Linear Project, in the amount of $382,510.

(#20090392-COUNTY ATTORNEY)

FUNDING SOURCE:

Fund: Regional Park Impact Fees; Program: Capital Improvement Projects; Project: Ten Mile Linear Park.

WHAT ACTION ACCOMPLISHES:

Make Offer of Judgment in an effort to limit court costs incurred by Lee County when this action is concluded.

MANAGEMENT RECOMMENDATION:

Approve.

16. HEARING EXAMINER

17. CONSTITUTIONAL OFFICERS

A) ACTION REQUESTED/PURPOSE:

Appoint two VAB Board of County Commissioners’ members and one citizen representative to serve on the 2009 Value Adjustment Board (VAB). The organizational meeting of the VAB will be held in June 2009.

(#20090411-MINUTES)

FUNDING SOURCE:

N/A.

WHAT ACTION ACCOMPLISHES:

Provides a citizen representative for the 2009 Value Adjustment Board, and identifies the two Board of County Commissioners representatives for the VAB as required by Florida Statute §194.015.

MANAGEMENT RECOMMENDATION:

Approve.

18. PORT AUTHORITY AND OTHER GOVERNING BOARDS

CARRY OVER AGENDA

1. ACTION REQUESTED/PURPOSE:

Approve list of potential projects to be submitted for the Department of Energy (DOE), Energy Efficiency and Conservation Block grant. Deferred at the April 21, 2009 Board meeting.

(#20090415-COUNTY MANAGER)

FUNDING SOURCE:

N/A.

WHAT ACTION ACCOMPLISHES:

Allows flexibility to choose from a list of BoCC approved projects to submit as grant eligibility requirements are clarified by the DOE.

MANAGEMENT RECOMMENDATION:

Approve.

REASON FOR CARRYOVER:

Deferred at the April 21, 2009 Board meeting.

2. ACTION REQUESTED/PURPOSE:

Approve Fort Myers Beach Renourishment Interlocal Agreement. Deferred at the April 21, 2009 Board meeting. (#20090413-NATURAL RESOURCES)

FUNDING SOURCE:

No funding required at this time. Funds to meet County obligations will need to be transferred from TDC Beach and Shoreline Reserves under separate Board action.

WHAT ACTION ACCOMPLISHES:

Formalizes roles and responsibilities for the Fort Myers Beach Renourishment Project.

MANAGEMENT RECOMMENDATION:

Approve.

REASON FOR CARRYOVER:

Deferred at the April 21, 2009 Board meeting.

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