LEE COUNTY COMMISSION: Agenda for Tuesday, June 9, 2009, meeting

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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Karen Hawes David M. Owen

Interim County Manager County Attorney

June 09, 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: Dr. Gerald Wise, First Presbyterian Church of Ft. Myers

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

Recess Until 5:00 PM

9:30 AM CEREMONIAL PRESENTATION

1. Award presentation to the Commissioners from 1000 Friends. (#20090538-Commissioner Judah)

CONSENT AGENDA

1. COUNTY ADMINISTRATION

2. ADMINISTRATIVE SERVICES

3. COMMUNITY DEVELOPMENT

A) ACTION REQUESTED/PURPOSE:

Approve extensions, from June 30, 2009 to November 30, 2009, for the following two contracts providing affordable housing under the SHIP (State Housing Initiatives Partnership) Program.

• Bonita Springs Area Housing Development Corp. (BSHDC) - Contract C-4712

• Lee County Housing Development Corp (LCHDC) - Contract C-3572

(#20090542-COMMUNITY DEVELOPMENT)

FUNDING SOURCE:

No funds requested for the contract extensions; funding is available under existing contracts.

WHAT ACTION ACCOMPLISHES:

Allows for the adaptation to current economic conditions and timely expenditures of funds.

MANAGEMENT RECOMMENDATION:

Approve.

B) .ACTION REQUESTED/PURPOSE:

Approve Resolution authorizing the Development Services Director to accept easements required pursuant to development orders and zoning resolutions on behalf of Lee County.

(#20090524-COMMUNITY DEVELOPMENT)

FUNDING SOURCE:

N/A.

WHAT ACTION ACCOMPLISHES:

Allows Director of Development Services to accept easements on behalf of Lee County when those easements were a condition of zoning or development order approval.

MANAGEMENT RECOMMENDATION:

Approve.

4. CONSTRUCTION AND DESIGN

A) ACTION REQUESTED/PURPOSE:

Approve the Addendum to the Construction Manager Agreement under RFQ-05-07 COUNTY-WIDE CONTINUING CONTRACT FOR CONSTRUCTION MANAGEMENT, for the project known as HAMMOND STADIUM BOWL CAULKING to Karr Group, Inc. d/b/a Casey Construction, Contract No. 3157, for a total Guaranteed Maximum Price (GMP) of $343,054.13 (includes CM Fee of $24,097.93 or 8.55%), with a total project completion time of four (4) months. Also, authorize Chairman to execute Addendum on behalf of the Board. Further request that the Board approve waiting 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. Further authorize Chairman to execute Addendum on behalf of the Board upon receipt.

(#20090518-CONSTRUCTION AND DESIGN)

FUNDING SOURCE:

Fund – Capital Improvement – Stadiums R&R; Program – Major Maintenance Project; Project – Stadiums Maintenance and Improvement.

WHAT ACTION ACCOMPLISHES:

Provides a Construction Manager for the waterproofing of the Hammond Stadium Seating Bowl seams. Work shall include the removal and replacement of all existing caulking and backer rods, removal and replacement of all lower bowl seating to access joints and removal and replacement of all floating concrete steps.

MANAGEMENT RECOMMENDATION:

Approve.

5. COUNTY COMMISSIONERS

6. COUNTY LANDS

7. HUMAN SERVICES

8. INDEPENDENT

9. NATURAL RESOURCES/ SOLID WASTE

A) ACTION REQUESTED/PURPOSE:

Award B-09-24 CONSTRUCTION OF A COMPOSTING FACILITY AT THE LEE/HENDRY LANDFILL to the lowest responsive, responsible bidder, COMPASS CONSTURCTION Inc. (a local contractor), in the lump sum amount of $3,647,776.00 with a total project completion time of 150 calendar days and authorize the Chairman to execute contract on behalf of the Board upon receipt. Also request that the Board approve waiving of the formal process (if needed) and authorize the use of the Direct Materials Purchase Orders which allows the County to purchase directly from suppliers of equipment and/or materials as a cost/time saving measure. Further authorize chairman execute contract on behalf of the Board upon receipt. (#20090531-SOLID WASTE)

FUNDING SOURCE:

Funds: Solid Waste Management; Program: Solid Waste Capital Projects; Project: Solid Waste Processing Equipment.

WHAT ACTION ACCOMPLISHES:

Provides the County with a Contractor to perform construction of an asphalt and crushed rock pad, erection of pre-fabricated metal/fabric buildings, associated storm water features and issuance of direct purchase orders for support equipment and/or building components.

MANAGEMENT RECOMMENDATION:

Approve.

10. PARKS AND RECREATION

11. PUBLIC SAFETY

A) ACTION REQUESTED/PURPOSE:

Approve and execute agreements between Lee County and Palm Plaza and Raymary Grill; Our Lady of the Miraculous Medal Catholic Church; Winn-Dixie; VFW; Flaming Bay; and First Baptist Church of St. James City; and Crossroads Baptist Church for emergency response, relief and recovery efforts.

(#20090536-PUBLIC SAFETY)

FUNDING SOURCE:

N/A.

WHAT ACTION ACCOMPLISHES:

Authorize Lee County temporary use of the properties for emergency response, relief and recovery efforts.

MANAGEMENT RECOMMENDATION:

Staff recommends approval.

12. PUBLIC WORKS ADMINISTRATION

13. TRANSPORTATION

A) ACTION REQUESTED/PURPOSE:

Award RFP-08-08 EMERGENCY CLEARANCE OF ROADS AND STREETS FOR LEE COUNTY, to the proposers whose proposals were evaluated by the Evaluation Committee as being in the best interest of Lee County: Crowder Disaster Recovery; Crowder Gulf; Dave Foote Environmental Construction Inc. (local); Gulf Paving Co., Inc. (local); Stevens & Layton Inc. (local); and Tony Alvarez Land Clearing Inc. (local), for the fees indicated in the pricing proposals submitted by each Contractor, for a contract period of five (5) years from the date of award. Authorize Chairman to execute the Contracts on behalf of the Board upon receipt.

(#20090546-TRANSPORTATION)

FUNDING SOURCE:

To be paid from individual department budgets, if needed.

WHAT ACTION ACCOMPLISHES:

For the initial clean up work of roads and streets in the event the area is struck by a hurricane or other natural or man caused hazard. The purpose of this proposal is to line up local and out of town contractors who can start up immediately after the disaster event, if their services are required.

MANAGEMENT RECOMMENDATION:

Approve.

14. UTILITIES

A) ACTION REQUESTED/PURPOSE:

Vehicle Future Replacements Budget Transfer Form (BS 20090522/11559, OF/SDG): 1) Approve transfer of $177,280 from the Utilities Operating Fund #48700 to the Utilities Vehicle Replacement Fund #48703. 2) Also, approve Budget Amendment Resolution for $177,280 in the Utilities Vehicle Replacement Fund #48703. (#20090522-UTILITIES)

FUNDING SOURCE:

Fund: Lee County Utilities Operating; Programs: Utilities Engineering, Systems Maintenance, Wastewater Treatment Plants; Project: Vehicles and Rolling Stock.

WHAT ACTION ACCOMPLISHES:

Establishes budget for the future purchase of replacement vehicles.

MANAGEMENT RECOMMENDATION:

Approval.

B) ACTION REQUESTED/PURPOSE:

Renew existing Reuse Agreement-Myerlee Circle: (BS 20090544/11584, SIV/SDG): Authorize Chair, on behalf of the BOCC, to execute and approve recording of the "Agreement for the Delivery and Use of Reclaimed Effluent Water" (which does NOT include a utility easement) between Lee County and Myerlee Circle Condominium Association, Inc., for a project known as 'MYERLEE CIRCLE'. The project is located on Myerlee Country Club Blvd. off Winkler Rd. in South Fort Myers. (#20090544-UTILITIES)

FUNDING SOURCE:

No funds required.

WHAT ACTION ACCOMPLISHES:

Provides for disposal of treated effluent from the ‘Fiesta Village Wastewater Plant’.

MANAGEMENT RECOMMENDATION:

Approval.

14. UTILITIES (Continued)

C) ACTION REQUESTED/PURPOSE:

Renew existing Reuse Agreement-Cypress Lake CC: (BS 20090545/11585, SIV/SDG): Authorize Chair, on behalf of the BOCC, to execute and approve recording of the "Agreement for the Delivery and Use of Reclaimed Effluent Water" (which does NOT include a utility easement) between Lee County and Cypress Lake Country Club, Inc., for a project known as 'CYPRESS LAKE CC/GOLF'. The project is located on Winkler Rd. south of Cypress Lake Dr. in South Fort Myers. (#20090545-UTILITIES)

FUNDING SOURCE:.

No funds required.

WHAT ACTION ACCOMPLISHES:

Provides for disposal of treated effluent from the ‘Fiesta Village Wastewater Plant’.

MANAGEMENT RECOMMENDATION:

Approval.

15. COUNTY ATTORNEY

A) ACTION REQUESTED/PURPOSE:

Request authorization to advertise for and conduct a public hearing on Tuesday, June 23, 2009, at 5:00 p.m., in Chambers to consider the adoption and execution of the proposed ordinance for Operation of Golf Carts on Designated Roads on Captiva Island. (#20090521-COUNTY ATTORNEY)

FUNDING SOURCE:

No funds required.

WHAT ACTION ACCOMPLISHES:

Allows County staff to proceed with advertising and scheduling a public hearing and places the item on the June 23, 2009 agenda for a public hearing to be conducted at 5:00 p.m. or as soon thereafter as it may be heard.

MANAGEMENT RECOMMENDATION:

Set public hearing date and time for Tuesday, June 23, 2009, at 5:00 p.m. to allow the process to go forward.

16. HEARING EXAMINER

17. CONSTITUTIONAL OFFICERS

A) ACTION REQUESTED/PURPOSE:

Approve issuance of purchase order in the amount of $300,000 to the Lee County Property for postage and printing of the "Notice of Proposed Property Taxes" (TRIM Notice) mailing and approve necessary funds transfer from reserves. (#20090535-PROPERTY APPRAISER)

FUNDING SOURCE:

The postage expenses are payable in advance to the Lee County Property Appraiser and funds are available in CE5130400100.504211 (General Fund, Property Appraiser, Support to Property Appraiser, Postage.)

WHAT ACTION ACCOMPLISHES:

Provides the funding for printing and mailing of “Notices of Proposed Property Taxes or TRIM Notices.”

MANAGEMENT RECOMMENDATION:

Approve.

B) ACTION REQUESTED/PURPOSE:

The Lee County Sheriff's Office is requesting approval to submit application requesting funding through the Bulletproof Vest Partnership grant issued by the Bureau of Justice Assistance. (#20090547-SHERIFF)

FUNDING SOURCE:

Bureau of Justice Assistance.

WHAT ACTION ACCOMPLISHES:

Federal regulations controlling the grant require authorization for application from the Board of County Commissioners. Authorization affords the LCSO the opportunity to purchase the bulletproof vest with grant funds.

MANAGEMENT RECOMMENDATION:

Approve.

17. CONSTITUTIONAL OFFICERS (Continued)

C) ACTION REQUESTED/PURPOSE:

Authorize Lee County Sheriff's Office (LCSO) to submit an application and receive funds on behalf of Lee County for the Edward Byrne Memorial JAG Program American Recovery and Reinvestment Act of 2009 in the amount of $1,155,329. LCSO also requests the BoCC sign letter of support for the project. This will allow the Lee County Sheriff's Office to serve as implementing agency. (#20090556-SHERIFF)

FUNDING SOURCE:

Florida Department of Law Enforcement Office of Criminal Justice Grants via the U.S. Department of Justice.

WHAT ACTION ACCOMPLISHES:

Authorize Lee County Sheriff’s Office (LCSO) to submit application and receive funds on behalf of Lee County for the Edward Byrne Memorial JAG Program American Recovery and Reinvestment Act of 2009 and distribute funds to enhance Lee County’s forensics capabilities.

MANAGEMENT RECOMMENDATION:

Approve.

D) ACTION REQUESTED/PURPOSE:

Approve the Minutes for the following meetings of the Board of County Commissioners held during the week of May 25 2009 through May 29, 2009:

May 26, 2009 (Regular)

(#20090557-MINUTES)

FUNDING SOURCE:

Not Applicable.

WHAT ACTION ACCOMPLISHES:

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

MANAGEMENT RECOMMENDATION:

Approve.

E) 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. (#20090559-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).

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

A) ACTION REQUESTED/PURPOSE:

Terminate Contract #4620 with Goodwill Industries of Southwest Florida, Inc. (#20090548-HUMAN SERVICES)

FUNDING SOURCE:

US Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG).

WHAT ACTION ACCOMPLISHES:

Terminates CDBG Subrecipient Contract #4620 with Goodwill Industries of Southwest Florida and allows deobligation of CDBG Public Services dollars to achieve compliance with HUD.

MANAGEMENT RECOMMENDATION:

Approve.

8. INDEPENDENT

9. NATURAL RESOURCES/ SOLID WASTE

10. PARKS AND RECREATION

11. PUBLIC SAFETY

12. PUBLIC WORKS ADMINISTRATION

13. TRANSPORTATION

14. UTILITIES

A) ACTION REQUESTED/PURPOSE:

NFMU Acquisition Termination (BS 20090550/11590, DLM/SDG): 1) Concur with termination of further negotiations regarding acquisition of North Fort Myers Utilities (NFMU) by Lee County Utilities (LCU).

2) LCU is also requesting authorization to request proposals from North Fort Myers Utilities and the City of Cape Coral to provide an interconnection and bulk service rate agreement for wastewater service for the Waterway Estates area. (#20090550-UTILITIES)

FUNDING SOURCE:

Not Applicable.

WHAT ACTION ACCOMPLISHES:

Allows LCU to move forward in determining the best alternative for expanded wastewater service capacity for Waterway Estates service area per the directive of the Florida Department of Environmental Protection (FDEP) Consent Order.

MANAGEMENT RECOMMENDATION:

Approval.

15. COUNTY ATTORNEY

16. HEARING EXAMINER

17. CONSTITUTIONAL OFFICERS

18. PORT AUTHORITY AND OTHER GOVERNING BOARDS

PUBLIC AGENDA - 5:05 PM

1. ACTION REQUESTED/PURPOSE:

Conduct first public hearing regarding an ordinance amending Lee County Land Development Code (LDC) Chapters 1, 2, 6, 10, 14, 22, 26, 30, 33 and 34; Direct the proposed ordinance to a second public hearing on June 23, 2009 at 5:05 p.m. in the Commission Chambers. (#20090543-COUNTY ATTORNEY)

FUNDING SOURCE:

N/A.

WHAT ACTION ACCOMPLISHES:

Satisfies the Board policy to hold two public hearings to amend the LDC. Complies with the Board’s request to bring forward the omnibus round of Land Development Code amendments approximately every 18 months.

MANAGEMENT RECOMMENDATION:

Approve.

Public Presentation of Matters by Citizens

Adjourn

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