District #1

Bob Janes

District #2

Douglas St. Cerny

Chairman

District #3

Ray Judah

District #4

Tammy Hall

District #5

John E. Albion

Donald D. Stilwell,

County Manager

Robert W. Gray,

Deputy County Attorney

November 23, 2004

9:30 AM

Invocation:

Pastor Steve Hess

Zion Lutheran 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

Adjourn until 5:00 PM

1.

COUNTY ADMINISTRATION

(a)

ACTION REQUESTED:

Approve Tourist Development Council emergency funding for advertising to promote Lee County; approve budget amendment resolution.  Also, approve Change Order No. 6 to RFP-00-10 TOURISM ADVERTISING, PROGRAM PLANNING, CREATION AND IMPLEMENTATION, Contract 1584, with BVK McDonald in the NTE amount of $1,500,000.00 to designate these funds for Hurricane Recovery Campaign emergency advertising and the final renewal of agreement through September 30, 2005.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Authorizes VCB Director to use, at his discretion, up to $1,500,000.00 of TDC reserves and tourist revenue for emergency advertising based on the impacts of Hurricane Charley and applies these funds to the advertising contract already in place.  (#20041266-VCB)

2.

CONSTRUCTION AND DESIGN

3.

COUNTY COMMISSIONERS

4.

COMMUNITY DEVELOPMENT

(a)

ACTION REQUESTED: 

Accept a Petition to Vacate a 12-foot wide Drainage and Public Utility Easement located at 1226 Damen St. E., Lehigh Acres, FL 33936, and adopt a resolution, setting a Public Hearing for 5:00 PM on the 14^th day of December, 2004.  (Case No. VAC2004-00059)

 WHY ACTION IS NECESSARY: 

To build a single-family residence on the combined lots.  The vacation of this easement will not alter existing drainage and utility conditions and the easement is not necessary to accommodate any future drainage and utility requirements.

WHAT ACTION ACCOMPLISHES:

Sets the time and date of the Public Hearing. (#20041452-Development Services)

(b)

ACTION REQUESTED: 

Accept a Petition to Vacate a 12-foot wide Public Utility Easement located at 807 North Ave., Lehigh Acres, FL 33972, and adopt a resolution, setting a Public Hearing for 5:00 PM on the 14th day of December, 2004.  (Case No. VAC2004-00062)

 WHY ACTION IS NECESSARY: 

To build a single-family residence on the combined lots.  The vacation of this easement will not alter existing utility conditions and the easement is not necessary to accommodate any future utility requirements.

WHAT ACTION ACCOMPLISHES: 

Sets the time and date of the Public Hearing. (#20041457-Development Services)

5.

HUMAN SERVICES

6.

INDEPENDENT

(a)

ACTION REQUESTED:  

Authorize:  (1) approval of Easement Purchase Agreement for acquisition of Parcel 152, Gunnery Road Widening. Project 4055, in the amount of $500.00; (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.

WHY ACTION IS NECESSARY: 

The Board must accept all real estate conveyances to Lee County.

WHAT ACTION ACCOMPLISHES: 

Allows the County to proceed with the project without resorting to Eminent Domain proceedings. (#20041365-County Lands)

(b)

ACTION REQUESTED:  

Authorize:  (1) approval of Easement Purchase Agreement for acquisition of Parcel 122, Gunnery Road Widening. Project 4055, in the amount of $1,500.00; (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.

WHY ACTION IS NECESSARY: 

The Board must accept all real estate conveyances to Lee County.

WHAT ACTION ACCOMPLISHES: 

Allows the County to proceed with the project without resorting to Eminent Domain proceedings. (#20041366-County Lands)

(c)

ACTION REQUESTED:  

Authorize:  (1) approval of Easement Purchase Agreement for acquisition of Parcel 179, Gunnery Road Widening. Project 4055, in the amount of $500.00; (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.

WHY ACTION IS NECESSARY: 

The Board must accept all real estate conveyances to Lee County.

WHAT ACTION ACCOMPLISHES: 

Allows the County to proceed with the project without resorting to Eminent Domain proceedings. (#20041367-County Lands)

(d)

ACTION REQUESTED:  

Authorize:  (1) approval of Easement Purchase Agreement for acquisition of Parcel 173, Gunnery Road Widening. Project 4055, in the amount of $500.00; (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.

WHY ACTION IS NECESSARY: 

The Board must accept all real estate conveyances to Lee County.

WHAT ACTION ACCOMPLISHES: 

Allows the County to proceed with the project without resorting to Eminent Domain proceedings. (#20041368-County Lands)

(e)

ACTION REQUESTED:  

Authorize:  (1) approval of Easement Purchase Agreement for acquisition of Parcel 187, Gunnery Road Widening. Project 4055, in the amount of $500.00; (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.

WHY ACTION IS NECESSARY: 

The Board must accept all real estate conveyances to Lee County.

WHAT ACTION ACCOMPLISHES: 

Allows the County to proceed with the project without resorting to Eminent Domain proceedings. (#20041370-County Lands)

(f)

ACTION REQUESTED:  

Authorize (1) approval of Easement Purchase Agreement for acquisition of Parcel 189, Gunnery Road Widening. Project 4055, in the amount of $500.00; (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.

WHY ACTION IS NECESSARY: 

The Board must accept all real estate conveyances to Lee County.

WHAT ACTION ACCOMPLISHES: 

Allows the County to proceed with the project without resorting to Eminent Domain proceedings. (#20041371-County Lands)

(g)

ACTION REQUESTED:  

Authorize:  (1) approval of Easement Purchase Agreement for acquisition of Parcel 159, Gunnery Road Widening. Project 4055, in the amount of $500.00; (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.

WHY ACTION IS NECESSARY: 

The Board must accept all real estate conveyances to Lee County.

WHAT ACTION ACCOMPLISHES: 

Allows the County to proceed with the project without resorting to Eminent Domain proceedings. (#20041372-County Lands)

(h)

ACTION REQUESTED:  

Authorize:  (1) approval of Easement Purchase Agreement for acquisition of Parcel 181, Gunnery Road Widening. Project 4055, in the amount of $500.00; (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.

WHY ACTION IS NECESSARY: 

The Board must accept all real estate conveyances to Lee County.

WHAT ACTION ACCOMPLISHES: 

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

(#20041376-County Lands)

(i)

ACTION REQUESTED:

Authorize: (1) approval of Easement Purchase Agreement for acquisition of Parcel 161, Gunnery Road Widening. Project 4055, in the amount of $500.00; (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.

WHY ACTION IS NECESSARY:

The Board must accept all real estate conveyances to Lee County.

WHAT ACTION ACCOMPLISHES:

Allows the County to proceed with the project without resorting to Eminent Domain proceedings.  (#20041423-County Lands)

(j)

ACTION REQUESTED:

Approve Purchase Agreement for acquisition of Parcel 331, Imperial Street Widening Project No. 4060, in the amount of $190,000; authorize payment of costs to close, and the Division of County Lands to handle all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

The Board must accept all real estate conveyances to Lee County.

WHAT ACTION ACCOMPLISHES:

The Board avoids Eminent Domain.  (#20041433-County Lands)

(k)

ACTION REQUESTED:

Approve Purchase Agreement for acquisition of Parcel 335-RW, Three Oaks Parkway South Extension Project No. 4043, in the amount of $1,500; authorize payment of costs to close and the Division of County Lands to handle all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

The Board must accept all real estate conveyances to Lee County.

WHAT ACTION ACCOMPLISHES:

The Board avoids Eminent Domain.  (#20041465-County Lands)

(l)

ACTION REQUESTED: 

Approve the purchase of STRAP Number 04-44-25-18-00001.0060 in East Fort Myers for the Schandler Hall Park Improvements Project No. 1758, in the amount of $115,000, pursuant to the terms and conditions as set forth in the Agreement for Purchase and Sale of Real Estate; authorize the Chairman on behalf of the Board of County Commissioners to sign the Purchase Agreement; authorize payment of necessary fees and costs to close, authorize the Division of County Lands to handle and accept all documentation necessary to complete this transaction; approve budget transfer in the amount of $120,000 from Park Impact Fees – District 3 reserves and amend the FY 04-05/08-09 CIP accordingly.

WHY ACTION IS NECESSARY: 

The Board must accept all real estate conveyances to Lee County and approve budget transfers.

WHAT ACTION ACCOMPLISHES: 

Transfers funds to acquire property for the expansion of Schandler Park. (#20041471-County Lands)

(m)

ACTION REQUESTED:  

Authorize:  (1) approval of Easement Purchase Agreement for acquisition of Parcel 160, Gunnery Road Widening. Project 4055, in the amount of $500.00; (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.

WHY ACTION IS NECESSARY: 

The Board must accept all real estate conveyances to Lee County.

WHAT ACTION ACCOMPLISHES: 

Allows the County to proceed with the project without resorting to Eminent Domain proceedings. (#20041478-County Lands)

7.

PUBLIC SAFETY

8.

SOLID WASTE-NATURAL RESOURCES

9.

TRANSPORTATION

(a)

ACTION REQUESTED:

Approve Supplemental Task Authorization No. 1, Contract No. 2472 to Gray-Calhoun and Associates in the amount of $114,193.89, under CN-03-04 – Miscellaneous Traffic Engineering Services – Summerlin ITS Design.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Authorizes consultant firm of Gray-Calhoun and Associates to provide professional services for the designs for installation of an Intelligent Transportation System (ITS) along CR869/Summerlin Road from North of Cypress Lake Drive to South of Boy Scout Drive.  (#20041352-Transportation)

(b)

ACTION REQUESTED:

Approve the award of Formal Quote No. Q-040587 for The Annual Purchase of Pit Shell for DOT and County-wide use to the following vendors meeting specifications:  DeSoto Sand and Shell, LLC, Florida Shell & Fill Company, Panther Mining LLC and Southwest Florida Shell, LLC at the prices listed on the attached tabulation sheet (including the options for delivery). The annual expenditure for pit shell is anticipated to be approximately $60,000.  This quote shall be in effect for one year, or until new quotes are taken and awarded.  Also request authority to renew this quotation for four additional one-year periods, if in the best interest of the County, at the expiration of the original term.  Funding will be made available by individual departments and divisions account strings whom will be responsible for monitoring their individual expenditures.

WHY ACTION IS NECESSARY:

To provide a constant source of pit shell that conforms to DOT’S Standard Specifications.

WHAT ACTION ACCOMPLISHES:

Establishes the standards, pricing and availability for pit shell on an annual basis.  (#20041444-Transportation)

(c)

ACTION REQUESTED: 

Rescind previous award to James Kennedy Lawn Service for Formal Quotation Q-030680, Landscape Maintenance of Medians for Various Locations-D.O.T. for the Department of Transportation.  Effective date of termination was November 1, 2004.

WHY ACTION IS NECESSARY: 

Board approval is required to rescind formal level quotation.

WHAT ACTION ACCOMPLISHES: 

Allows D.O.T. to terminate contract with vendor failing to perform in a satisfactory manner. (#20041449-Transportation)

(d)

ACTION REQUESTED: 

Award B-05-01, Countywide Resurface Rebuild (Lehigh Acres, South Fort Myers and North Fort Myers), for the Department of Transportation, to the lowest responsive/responsible bidder meeting all bidding requirements, Ajax Paving Industries Inc., for a total not-to-exceed contract amount of $940,326.32, with a final project completion time of 180 calendar days. 

WHY ACTION IS NECESSARY: 

Board approval required.

WHAT ACTION ACCOMPLISHES:

Provides a contractor that  involves the road resurfacing and rebuilding of various streets located in Lehigh Acres, North Fort Myers and South Fort Myers. (#20041479-Transportation)

10.

UTILITIES

(a)

ACTION REQUESTED:  

Approve final acceptance, by Resolution, and recording of one (1) utility easement as a donation of four (4) 6” diameter fire lines serving Market Square Shopping Center, Lot 10. This is a Developer Contributed asset project located on the east side of S. Tamiami Trail, approximately 1,450 feet south of Daniels Road.

WHY ACTION IS NECESSARY:

To provide fire protection and to the recently constructed addition to the shopping center.

 WHAT ACTION ACCOMPLISHES:

Places the fire lines into operation and complies with the Lee County Utilities Operations Manual. (#20041242-Utilities)

(b)

ACTION REQUESTED:

Approve construction of a water distribution and gravity collection system serving Timberwalk.  This is a developer contributed asset and the project is located on the east side of Three Oaks Parkway approximately 1 mile south of Alico Road.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection and sanitary sewer service to this proposed multi-family residential development.

WHAT ACTION ACCOMPLISHES:

Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Operations Manual. (#20041267-Utilities)

(c)

ACTION REQUESTED:

Approve construction of a water main extension serving Hidden Pines Subdivision.  This is considered a Developer contributed asset and the project is located on the north side of Briarcliff Road approximately 2.5 miles east of US 41 south.

WHY ACTION IS NECESSARY:

To provide potable water service and fire protection to this proposed 15-lot single-family subdivision.

WHAT ACTION ACCOMPLISHES:

Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Operations Manual. (#20041435-Utilities)

(d)

ACTION REQUESTED:

Approve final acceptance by Resolution as a donation for a water distribution system serving Herons Glen, Unit 13.  This is a Developer contributed asset project located on the east side of N. Tamiami Trail approximately ¼ mile south of the Lee/Charlotte County line.

WHY ACTION IS NECESSARY:

To provide potable water service to this phase of the residential development.

WHAT ACTION ACCOMPLISHES:

Places the water distribution system into operation and complies with the Lee County Utilities Operations Manual. (#20041437-Utilities)

(e)

ACTION REQUESTED:

Approve final acceptance, by Resolution, and recording of one (1) utility easement as a donation of four (1) 4” diameter fire line serving Lake Pointe Commons, Phase 4.  This is a developer contributed asset project located on the south side of West College Pointe Drive, approximately 800’ east of McGregor Boulevard.

WHY ACTION IS NECESSARY:

To provide fire protection to the recently constructed commercial building.

WHAT ACTION ACCOMPLISHES:

Places the fire line into operation and complies with the Lee County Utilities Operations Manual.

(#20041438-Utilities)

(f)

ACTION REQUESTED:

Approve Addendum to the Construction Manager Agreement for RFQ-01-04, Continuing Contract for Construction Management, with Cardinal Contractors, Inc. for the Corkscrew Water Treatment Plant project with a Guaranteed Maximum Price (GMP) in the amount of $243,203.00 (includes CM Fee). The project completion time is expected to be 120 calendar days.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Provides the County with a Construction Manager to furnish and install five Crown 7HH-600 submersible well pumps for Corkscrew wells #2, 3, 4, 5 and 6.  (#20041448-Utilities)

(g)

ACTION REQUESTED:

Approve and authorize Chairman to execute Change Order #1 with Youngquist Brothers, Inc. under Contract #2808 (RFQ-04-01) DEEP INJECTION WELL AND MONITORING WELL CONSTRUCTION, for the project known as Pinewood Injection Well in the amount of $1,194,600 for a total contract amount of $5,127,600.00.

WHY ACTION IS NECESSARY:

Board approval is required.

WHAT ACTION ACCOMPLISHES:

Youngquist Brothers to proceed with the Pinewood Injection Well project.  (#20041480-Utilities)

11.

PARKS AND RECREATION

(a)

ACTION REQUESTED:

Approve the Florida Communities Trust Grant Award Agreement for a grant award in the amount of $2,530,804.98 for the Conservation 20/20 site #200, which is part of the Wild Turkey Strand Preserve. 

WHY ACTION IS NECESSARY: 

Approval of the Grant Award Agreement is required to receive reimbursement grant.

WHAT ACTION ACCOMPLISHES: 

Approve Florida Communities Trust Grant Award Agreement required to receive the grant. (#20041505-Parks and Recreation)   

12.

COUNTY ATTORNEY

13.

HEARING EXAMINER

14.

PORT AUTHORITY

15.

CONSTITUTIONAL OFFICERS

(a)

ACTION REQUESTED:

Approve disbursements.

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES:

Compliance with the requirements of FS 136.06(1).  (#20041498-Clerk of Courts)

1.

COUNTY ADMINISTRATION

2.

CONSTRUCTION AND DESIGN

3.

COUNTY COMMISSIONERS

4.

COMMUNITY DEVELOPMENT

(a)

ACTION REQUESTED: 

Initiate a Board of County Commissioner sponsored Lee Plan Special Amendment to address concerns raised by the Board regarding the Coastal Rural future land use category and other provisions of the Pine Island Community Plan.

WHY ACTION IS NECESSARY: 

To address issues raised by the challenge to the adopted Pine Island Community Plan by affected parties and the County sponsored Hanson Report, and to address other issues raised during discussions with the interested parties.

WHAT ACTION ACCOMPLISHES: 

Allows for the timely reevaluation of specific portions of the Pine Island amendments. (#20041504-Planning)

5.

HUMAN SERVICES

6.

INDEPENDENT

7.

PUBLIC SAFETY

8.

SOLID WASTE-NATURAL RESOURCES

9.

TRANSPORTATION

10.

UTILITIES

11.

PARKS AND RECREATION

12.

COUNTY ATTORNEY

13.

HEARING EXAMINER

(a)

ACTION REQUESTED:

Approval of revisions to Lee County Administrative Code (AC) Section 2-2, Zoning/Land Use and Code Enforcement Hearing Examiner’s Office.  Approve a Resolution to amend AC-2-2.

WHY ACTION IS NECESSARY:

For general “housekeeping” purposes, and to update the requirements and processes relating to the employment of the Deputy Hearing Examiner and Staff for the Hearing Examiner’s Department.

WHAT ACTION ACCOMPLISHES:

Creates the Deputy Hearing Examiner position as an employee position under the direct supervision of the Chief Hearing Examiner; clarifies the administrative authority of the Chief Hearing Examiner; establishes new base salaries for both Hearing Examiner positions; preserves the decision making autonomy of each Hearing Examiner; and establishes punitive measures for any Hearing Examiner attempting to influence or interfere with the decisions of the other Hearing Examiner. (#20041473-Hearing Examiner)

14.

PORT AUTHORITY

15.

CONSTITUTIONAL OFFICERS

Walk On

ACTION REQUESTED:
Approve and sign an agreement between Lee County Board of County Commissioners and Florida Association for Community Action (FACA), Inc to receive $68,850 in Hurricane Disaster Relief Funds.   Approve a budget resolution for FY05.

WHY ACTION IS NECESSARY:
An agreement is required in order to receive these Hurricane Relief Funds.
WHAT ACTION ACCOMPLISHES:
Provides $68,850 for eligible Lee County residents to receive assistance with energy costs. (#20041536-Human Services)
 

5:00 PM

(#1)

ACTION REQUESTED: 

Conduct a Public Hearing to adopt a Resolution on Petition to Vacate a portion of a 50-foot wide non-county maintained Road Right-of-Way (660.05 +/- feet in length) located off of Winkler Road Extension at south end of Brook Hollow Lane in Seminole Gardens, Fort Myers, Florida,   (Case No. VAC2004-00027)

WHY ACTION IS NECESSARY: 

To vacate the public’s interest in a portion of the Right-of-Way to provide for the development of a residential project known as Banyan Bay.  The vacation of these rights-of-way will not alter traffic conditions and the rights-of-way are not necessary to accommodate any future traffic requirement.

WHAT ACTION ACCOMPLISHES: 

Vacates the right-of-way. (#20041428-Development Services)

5:05 PM

Public Presentation of Matters by Citizens

Adjourn