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

 

 

October 11, 2005

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 in the Public Resources Office, 1st Floor, Administration Building

Additional information is available on the Internet at http://www.lee-county.com

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 Elliott Penn

Fort Myers Christian Center

 

 

 

 

Pledge of Allegiance

 

 

 

 

Presentations:

CP 1

 

·         

Project H.O.P.E. Resolution

 

 

(Commissioner Judah-#20051316)

CP 2

 

·         

Emergency Nurses Week Resolution

 

 

(Commissioner Albion #20051391)

CP 3

 

·         

Length of Service Awards

 

 

(Human Resources-#20051330)

 

 

 

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 until 5:00 PM


CONSENT AGENDA

October 11, 2005

 

1.

COUNTY ADMINISTRATION
 

 

(A)

ACTION REQUESTED/PURPOSE:

Accept the sole Proposal received from BVK for RFP-05-04 TOURISM ADVERTISING, PROGRAM PLANNING, CREATION AND IMPLEMENTATION, and authorize contract negotiations to commence with this firm.  Further, authorize Chairman to execute an agreement for an amount up to $6,000,000.00, upon approval of additional funding, with a contract period of October 1, 2005 through September 30, 2008 with the option of renewal for two (2) one (1) year periods.

WHAT ACTION ACCOMPLISHES:

The selected proposer shall be the principal advisor and provider to the Visitor & Convention Bureau (VCB) for the following advertising services:  Development of a strategic advertising plan; creative strategy, creation and production of all advertising; placement of advertising, regardless of type, at the lowest competitive rate; development and coordination of media plans; brand marketing; create and implement cooperative advertising programs; and develop promotions in order to stretch the reach of the advertising budget.

MANAGEMENT RECOMMENDATION:

Approval Recommended.  (#20051311 – County Administration)

 

2.

CONSTRUCTION AND DESIGN

 

 

(A)

ACTION REQUESTED/PURPOSE:

Approve lease with DeLaCruz Properties, LLC for 5,600 square feet of space at 3114 Lee Boulevard, Building B, Unit #1 in Lehigh Acres to be utilized by the Tax Collector’s office.  Lease is for 5 years with one, 5 year renewal period upon the same terms and conditions.  Base rental cost is $18.00 per square foot or $100,800 per year with CAM cost of $2.50 per square foot or $14,000 per year.  Annual increases to the base rental cost will be 3%.  Lease can be terminated upon giving 3 months written notice to Lessor.  Also approve Budget transfer from General Fund Reserves in the amount of $37,000 to cover the additional cost above their current space lease amount.

WHAT ACTION ACCOMPLISHES:

Allows Tax Collectors office to expand their offices in Lehigh Acres.

MANAGEMENT RECOMMENDATION:

Approve  (#20051337-Facilities Management)

 

 

(B)

ACTION REQUESTED/PURPOSE: 

Award Professional Services Agreement for CN-05-15 LEE COUNTY SHERIFF EVIDENCE FACILITIES, Contract No. 3214 to Architectural Concepts, Inc. for a Lump Sum amount of $566,000.00.  Also approve budget transfer from Capital Improvement Fund Reserves in the amount of 566,000 to the Evidence Facility project and amend FY 05/06 -09/10 CIP accordingly. Further authorize Chairman to execute the Professional Services Agreement.

WHAT ACTION ACCOMPLISHES: 

The selected consultant will provide design services for a 60,000 square foot building which will serve as the new facilities for the Lee County Sheriff's Department.

MANAGEMENT RECOMMENDATION:

Staff recommends approval (#20051373 – Construction and Design)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Approve First Amendment to Lease with Richard Martin Fuller, Esquire whose office is located at 2000 Main Street, Ft. Myers in the Justice Center Annex.  First Amendment is to extend his lease for one year or until December 31, 2006 and to change the location of his office from Suite 205 on the second floor to Suite 510 on the fifth floor of the building.  All other terms and conditions of the original lease will remain the same.

WHAT ACTION ACCOMPLISHES:

Allows for Lessee to relocate to another suite of comparable size due to construction beginning on the second floor of the building. Also allows Lessee to extend his lease for an additional year.

MANAGEMENT RECOMMENDATION:

Approve  (#20051375-Facilities Management)

 

 

(D)

ACTION REQUESTED/PURPOSE: 

Approve Change Order No. 19 to BSSW Architects, Inc. under CN-01-03 LEE COUNTY JUSTICE CENTER EXPANSION, Contract No. 1785, in the amount of Sixty Four Thousand, Nine Hundred and Thirty Five Dollars ($64,935.00), for revisions to construction documents to incorporate "Value Engineering" recommendations.

WHAT ACTION ACCOMPLISHES: 

The Change Order provides Lee County with “Value Engineering” recommendations (revisions made to +/- 80% Construction Documents) for the Lee County Justice Center Expansion project. 

MANAGEMENT RECOMMENDATION: 

Staff recommends approval. (#20051387 – Construction and Design)

 

 

(E)

ACTION REQUESTED/PURPOSE: 

Approve First Amendment to Lease with SunTrust Bank to reduce their base rental cost for the space they occupy in the Justice Center Annex, 2000 Main Street, Ft. Myers. The reduction is due to the loss of their nine dedicated parking spaces adjacent to the building, which were included in their original lease document.  Construction requirements to the building initiated this action. The base rental cost will be reduced 25% to $6,718.58 per month after the October 1, 2005 (annual 3%) base rental increase.   All other terms and conditions of the original lease will remain the same. 

WHAT ACTION ACCOMPLISHES: 

Allows for a reduction in rental cost for SunTrust Bank for eliminating the terms of the original lease whereby they were given nine dedicated parking spaces in the lot adjacent to the Justice Center Annex and their rental space.  Also allows construction schedules to the building to be maintained.

MANAGEMENT RECOMMENDATION: 

Approve (#20051395 – Construction and Design)

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

5.

HUMAN SERVICES

 

 

(A)

ACTION REQUESTED/PURPOSE:

Approve FY 2006 contracts for the Partnering for Results program as adopted at the final public hearing on September 22, 2005 and authorize the Chairman to sign the contracts once completed by the community agencies.  (2) Authorize Human Services to negotiate adjustments in unit rates and/or units purchased.  (3) Approve FY 2006 contract for United Way of Lee County in the amount of $42,000 for Information and Referral Services (211) and authorize the Chairman to sign the contract once completed by United Way of Lee County.

WHAT ACTION ACCOMPLISHES:

Provides County funding for social service programs as a fixed unit rate.

MANAGEMENT RECOMMENDATION:

Recommend Approval  (#20051288-Human Services)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Approve a budget resolution to receive $203,798 in Community Services Block Grant (CSBG) funds.  An agreement between the Board of County Commissioners and the Department of Community Affairs was signed by the BOCC on August 2, 2005 on blue sheet #20051065.  A budget resolution was not adopted at that time.

WHAT ACTION ACCOMPLISHES:

Provides $203,798 for case management, vocational training and supportive services to facilitate economic self-sufficiency for eligible Lee County households.

MANAGEMENT RECOMMENDATION:

Adopt the attached budget resolution.  (#20051371-Human Services)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Approve and execute a contract between the State of Florida, Department of Health and the Lee County Board of County Commissioners for services to be provided by the Lee County Health Department from October 1, 2005 through September 30, 2006, providing $1,467,648 in cash and additional in-kind resources.

WHAT ACTION ACCOMPLISHES:

Provides county funding and support to the Lee County Health Department in the amount of $1,467,648 for public health services, retention of the county assessed portion of public health fees and other revenues and in-kind services.  Funds were approved during the FY 2006 Budget Public Hearings.

MANAGEMENT RECOMMENDATION:

Recommend Approval  (#20051388-Human Services)

 

6.

INDEPENDENT

 

 

(A)

ACTION REQUESTED/PURPOSE:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $675,000 for Parcel 2, Matlacha Park Expansion Project, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested  (#20050525-County Lands)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $800,000 for Parcel 3, Matlacha Park Expansion Project, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete transaction.  Approve transfer from Regional Park Impact Fee Reserves to the Matlacha Park Expansion Project in the amount of $775,000 and amend the FY05/06-FY09/10 CIP accordingly.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested  (#20051228-County Lands)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Approve acceptance of $2,500 literacy grant from Wal-Mart for use in the Lee County Library System’s literacy program at the Cape Coral library.

WHAT ACTION ACCOMPLISHES:

Te budget amendment accepts $2,500 as unanticipated revenue, and designates grant expenditures.

MANAGEMENT RECOMMENDATION:

Approval.  (#20051279-Library)

 

 

(D)

ACTION REQUESTED/PURPOSE:

Approve Purchase Agreement and Temporary Construction Easement Agreement for acquisition of Parcels 209, 209SE, and 209TCE Corkscrew Road Service Area (CRSA) MSBU Road Widening Project No. 4723, in the amount of $43,037; authorize payment of costs to close and the Division of County Lands to handle all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

Acquisition of property necessary for the widening of Corkscrew Road.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested.  (#20051286-County Lands)

 

 

(E)

ACTION REQUESTED/PURPOSE:

Authorize: 1) the Division of County Lands to make a binding offer to property owner in the amount of $166,000 for Parcel 267, Three Oaks Extension Project No. 4043, pursuant to the Purchase Agreement; 2) the Division of County Lands to handle and accept all documentation necessary to complete transaction; 3) authorize payment of costs to close.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested  (#20051299-County Lands)

 

 

(F)

ACTION REQUESTED/PURPOSE:

Approve Agreement for Purchase and Sale of Real Estate in Lieu of Condemnation for acquisition of Parcel 320 Three Oaks Parkway South Extension Project No. 4043, in the amount of $230,000; authorize payment of costs to close and the Division of County Lands to handle all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

The acquisition of property required for the Three Oaks Parkway South Extension, without the necessity of an eminent domain action.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested.  (#20051302-County Lands)

 

 

(G)

ACTION REQUESTED/PURPOSE:

Approve Purchase Agreement for acquisition of Parcels 332-RW & 332-SDE, Three Oaks Parkway South Extension Project No. 4043, in the amount of $75,000; authorize payment of costs to close and the Division of County Lands to handle all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

The acquisition of property required for the Three Oaks Parkway South Extension, without the necessity of an eminent domain action.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested.  (#20051303-County Lands)

 

 

(H)

ACTION REQUESTED/PURPOSE:

Authorize the Division of County Lands to make binding offer to property owners in the amount of $1,540,000 for STRAP No. 11-46-23-00-00009.0040, required for the San Carlos Bay/Bunche Beach Preserve Project, pursuant to the Purchase Agreement, and authorize the Division of County Lands to handle and accept all documentation necessary to complete transaction. Approve transfer from Regional Park Impact Fee Reserves to the San Carlos Bay/Bunche Beach Preserve Project in the amount of $460,000 and amend the FY 05/06 – FY 09/10 CIP accordingly.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested.  (#20051312-County Lands)

 

 

(I)

ACTION REQUESTED/PURPOSE:

Authorize: 1) the Division of County Lands to make a binding offer to property owner in the amount of $110,000 for Parcels 203 and 203-SDE, Three Oaks Extension Project No. 4043, pursuant to the Purchase Agreement; 2) the Division of County Lands to handle and accept all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested  (#20051334-County Lands)

 

 

(J)

ACTION REQUESTED/PURPOSE:

Approve Agreement for Purchase and Sale in Lieu of Condemnation Proceedings for the acquisition of Parcel 100 for the Estero Parkway Extension Project No. 5021, in the amount of $629,440; authorize payment of costs and fees to close, and the Division of County Lands to handle all documentation necessary to complete the transaction.

WHAT ACTION ACCOMPLISHES:

Acquires property necessary for the widening of Three Oaks Parkway and Estero Parkway Extension Projects.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested.  (#20051336-County Lands)

 

 

(K)

ACTION REQUESTED/PURPOSE:

Approve Change Order No. 1, to Contract #2686 with Kronos for the automated payroll timekeeping system, in the amount of $94,200.00.  Authorize Chairman to executed said Change Order upon receipt.

WHAT ACTION ACCOMPLISHES:

Will provide continued implementation of the automated payroll timekeeping system for Lee County.

MANAGEMENT RECOMMENDATION:

Staff Recommends Approval  (#20051338-ITG)

 

 

(L)

ACTION REQUESTED/PURPOSE:

Approve Purchase Agreement for acquisition of Parcels 333-RW & 333-SDE, Three Oaks Parkway South Extension Project No. 4043, in the amount of $75,000; authorize payment of costs to close and the Division of County Lands to handle all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

The acquisition of property required for the Three Oaks Parkway South Extension, without the necessity of an eminent domain action.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested.  (#20051344-County Lands)

 

 

(M)

ACTION REQUESTED/PURPOSE:

Approve Purchase Agreement for acquisition of Parcels 200 & 200-SDE, Three Oaks Parkway South Extension Project No. 4043, in the amount of $59,000; authorize payment of costs to close and the Division of County Lands to handle all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

The acquisition of property required for the Three Oaks Parkway South Extension, without the necessity of an eminent domain action.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested.  (#20051348-County Lands)

 

 

(N)

ACTION REQUESTED/PURPOSE:

Approve Agreement for Purchase and Sale of Real Estate in Lieu of Condemnation for acquisition of Parcel 240 Three Oaks Parkway South Extension Project No. 4043, in the amount of $90,000; authorize payment of costs to close and the Division of County Lands to handle all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

The acquisition of property required for the Three Oaks Parkway South Extension, without the necessity of an eminent domain action.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested.  (#20051349-County Lands)

 

 

(O)

ACTION REQUESTED/PURPOSE:

Approve Agreement for Purchase and Sale of Real Estate in Lieu of Condemnation for acquisition of Parcel 226 Three Oaks Parkway South Extension Project No. 4043, in the amount of $125,000; authorize payment of costs to close and the Division of County Lands to handle all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

The acquisition of property required for the Three Oaks Parkway South Extension, without the necessity of an eminent domain action.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested.  (#20051350-County Lands)

 

 

(P)

ACTION REQUESTED/PURPOSE:

Approve and execute a utility easement to Lee County Electric Cooperative, Inc., for the Lee/Hendry Landfill Phase 2 Project.  Authorize Division of county Lands to handle all documentation necessary to complete the transaction.

WHAT ACTION ACCOMPLISHES:

Provides an easement for electric service to the Lee/Hendry Landfill.

MANAGEMENT RECOMMENDATION:

Recommend Approval  (#20051289 County Lands)

 

 

(Q)

ACTION REQUESTED/PURPOSE:

Approve and execute a utility easement to Lee County Electric Cooperative, Inc., for the Lee County DOT Depot 1 LCEC Easement Project No. 8721.  Authorize Division of County Lands to handle all documentation necessary to complete the transaction.

WHAT ACTION ACCOMPLISHES:

Provides an easement for electric service to the Lee County DOT Depot 1.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested. (#20051359 – County Lands)

 

 

(R)

ACTION REQUESTED/PURPOSE: 

Approve Supplemental Task Authorization (STA) N0. 3 to JRI Engineering, Inc., under CN-04-03 MSBU MASTER CONTRACT: Homestead Lane Road Paving; consulting services for MSBU (Municipal Service Benefit Unit), Contract No. 2862, in the amount of $74,500.

WHAT ACTION ACCOMPLISHES: 

The consultant will provide consulting services for Homestead Lane Road project.

MANAGEMENT RECOMMENDATION:

Staff recommends approval. (#20051393 – Public Resources)

 

 

(S)

ACTION REQUESTED/PURPOSE: 

Approve Supplemental Task Authorization (STA) No.4 to JRI Engineering, Inc., under CN-04-03 MSBU MASTER CONTRACT: San Carlos Island; consulting services for MSBU (Municipal Service Benefit Unit), Contract No. 2862, in the amount of $82,000.

WHAT ACTION ACCOMPLISHES: 

The consultant will provide consulting services for San Carlos Island project.

MANAGEMENT RECOMMENDATION:

Staff recommends approval. (#20051394 – Public Resources)

 

 

(T)

ACTION REQUESTED/PURPOSE:

Approve Lee County Transit’s 2005 Revised Substance Abuse Policy.  All Federally funded transit agencies must have a current adopted Substance Abuse Policy for safety sensitive employees pursuant to 49 CFR, Part 40 and Part 665.  This revised policy brings Lee Tran into compliance with this Federal requirement.

WHAT ACTION ACCOMPLISHES:

Formally establishes the Revised Substance Abuse/Drug and Alcohol Testing Policy for safety sensitive employees at Lee County Transit.

MANAGEMENT RECOMMENDATION:     

Recommend approval. (#20051409 – Transit)

 

7.

PUBLIC SAFETY

 

 

(A)

ACTION REQUESTED/PURPOSE:

Approve and execute the Emergency Management Preparedness and Assistance (EMPA) Base Grant Agreement with the Florida Department of Community Affairs which provides a $102,959 grant to enhance the county’s emergency management program.  Authorize four grant funded part-time employees (two for 16 hours and two for 24 hours per week).  Approve Budget Amendment Resolution in the general fund for FY05/06 in the amount of $102,959.

WHAT ACTION ACCOMPLISHES:

Furnishes funding to improve the county’s emergency program in a manner consistent with the State Emergency Management Plan and supporting programs.

MANAGEMENT RECOMMENDATION:

Staff recommends approval.  (#20051178-Emergency Management)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Execute Interlocal Agreement between Charlotte County and Lee County for Emergency Medical Services mutual aid.

WHAT ACTION ACCOMPLISHES:

Formalizes and defines each county’s responsibilities and liabilities when responding to a mutual aid request.

MANAGEMENT RECOMMENDATION:

Staff recommends approval.  (#20051179-EMS)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Adopt a resolution to approve changing a street name on a platted street: as recorded Hofstra Ct in Principia subdivision Plat Book 28/ Page 43, to be changed to Hofstra Ct E. and Hofstra Ct W. respectively. To be in compliance with Lee County Ordinance 04-18.

WHAT ACTION ACCOMPLISHES:

This change may avoid possible delays in emergency response due to the existing irregular house numbers on this street.

MANAGEMENT RECOMMENDATION:

Staff recommends approval.  (#20051325-E911)

 


(D)

ACTION REQUESTED/PURPOSE:

Adopt a resolution to approve changing a street name on a platted street: as recorded My-Tern Ct in Plat Book 40, on page 90, of Herons Landing Phase 1, to be changed to My Tern Ct.

WHAT ACTION ACCOMPLISHES:

This will eliminate the unnecessary dash (-) between the words in the street name and may help expedite locating the street name in an emergency response situation.

MANAGEMENT RECOMMENDATION:

Staff recommends approval.  (#20051339-E911)

 

 

(E)

ACTION REQUESTED/PURPOSE:

Adopt a motion to approve changing a street name on a platted street: as recorded a portion of Homestead Rd in Plat Book 15 on pages 64-66; to be changed to Unice Ave N.  To be in compliance with Lee County Ordinance 04-18.

WHAT ACTION ACCOMPLISHES:

This will make a contiguous roadway one single name.

MANAGEMENT RECOMMENDATION:

Staff recommends approval.  (#20051340-E911)

 

 

(F)

ACTION REQUESTED/PURPOSE:

Authorize Chairman to execute an agreement with the Department of Community Affairs for Homeland Security funding in the amount of $68,861.00.  Authorize one grant funded full-time Administrative Specialist position with benefits until grant funding expires.  Approve Budget Amendment Resolution in the general fund for FY05/06 in the amount of $68,861.  No County Match required.

WHAT ACTION ACCOMPLISHES:

Provides financial support to Lee County to conduct homeland security related planning, training and exercises.

MANAGEMENT RECOMMENDATION: