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

 

 

March 1, 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 Ronald Prueter

North Fort Myers First Baptist Church

 

 

 

 

Pledge of Allegiance

 

 

 

 

Presentations:

 

 

·         

Boston Red Sox Spring Training Resolution

 

 

(Commissioner St. Cerny-#20050243)

 

 

·         

Women in Construction Week Resolution

 

 

(Commissioner Albion-#20050244)

 

 

·         

Fort Myers American Little League 50th Anniversary Resolution

 

 

(Commissioner Judah-#20050245)

 

 

·         

Pinnacle Award Presentation from Building Industry Association

 

 

(County Commission-#20050246)

 

 

·         

2004 Candy Pittro Memorial Award Presentation

 

 

(Human Resources-#20050158)

 

 

 

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


CONSENT AGENDA

March 1, 2005

 

1.

COUNTY ADMINISTRATION

 

 

(A)

ACTION REQUESTED:

Present to the Board for information and filing the Object Code #504015 Expenditure Report for the fourth quarter of FY03-04 (July through September 2004)

WHY ACTION IS NECESSARY:

Lee County Ordinance #90-18

WHAT ACTION ACCOMPLISHES:

Allows Board to monitor expenditures being made by County Departments and Divisions to this object code.  (#20050233-County Manager)

 

2.

CONSTRUCTION AND DESIGN

 

 

(A)

ACTION REQUESTED:

Award and authorize staff to enter into a Construction Manager Agreement for RFQ-05-03 ORTIZ JAIL EXPANSION, to Kraft Construction Company, Inc. for the sum of four and one half (4. 5%) percent of the total construction cost of the project.  This project was in the CIP and the funds are available within the budget.  Also, request that the Board approve waiving of any formal process (if needed) and authorize the use of Direct Material Purchase Orders based on CM’s competitive process, which allows the County to purchase directly from suppliers of equipment and/or materials as a cost/time saving measure.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Provides Construction Management services for the construction of an 8-story building as an expansion to the existing Ortiz facilities, demolition of the existing stockade buildings, selective site clearing and development, selective remodeling and addition to the existing Core building.  (#20050187-Construction and Design)

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(A)

ACTION REQUESTED:

Accept a Petition to Vacate a portion of the County Road Right-of-Way along the western boundary of subject parcels containing 4.91 acres and 11.16 acres respectively, located south of Del Prado Blvd. N. and Mellow Drive at North Fort Myers, Florida, and adopt a resolution setting a Public Hearing for 5:00 PM on the 22nd day of March 2005.  (Case No. VAC2004-00077)

WHY ACTION IS NECESSARY:

To provide for the conveyance of ownership of the right-of-way to the petitioner for a proposed residential development known as Cranes Landing.  The roadway is not constructed, and the roadway is no longer required due to modifications in the plan of development.  The vacation of this right-of-way will not alter existing traffic or drainage conditions and the right-of-way is not necessary to accommodate any future traffic or drainage requirement.

WHAT ACTION ACCOMPLISHES:

Setting the time and date of the Public Hearing.  (S22 & 23-T43S-R24E)  (#4)  (#20050157-Development Services)

 

5.

HUMAN SERVICES

 

 

(A)

ACTION REQUESTED:

Approve a grant-funded Eligibility Specialist position for the Family Self Sufficiency Program in the Department of Human Services for approximately twelve to eighteen months.

WHY ACTION IS NECESSARY:

Current Department staff are needed for approximately twelve to eighteen months to fulfill the functions, goals and objectives of Lee County’s Long Term Recovery Committee, thus leaving an Eligibility Specialist position vacant.

WHAT ACTION ACCOMPLISHES:

This position will allow the Family Self Sufficiency Program to continue to provide services at its normal level.  (#20050214-Human Services)

 

6.

INDEPENDENT

 

 

(A)

ACTION REQUESTED:

Adopt revisions to the following sections of the Lee County Policies and Procedures Manual: 101, 205, 206, 208, 209, 212, 301, 304, 309, 310, 311, 401, 402, 403, 405, 406, 504, 506, 601, 602.  Adoption of the resolution to amend Administrative Code 6-1.

WHY ACTION IS NECESSARY:

Brings current policy up-to-date and unifies provisions.

WHAT ACTION ACCOMPLISHES:

Updates policies that did not meet the needs of the organization and brings a unified policy into effect.  (#20050078-Human Resources)

 

 

(B)

ACTION REQUESTED:

Authorize: (1) approval of donation of Grant of Perpetual Traffic Signal Easement for acquisition of Parcel 201, College Parkway & Riverwalk Park, Project #6065; (2) payment of costs and fees to close; (3) Division of County Lands to handle and accept all documentation necessary to complete this transaction and grant time extension to close, if necessary.

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.  (#20050093-County Lands)

 

 

(C)

ACTION REQUESTED:

Authorize: (1) approval of donation of Grant of Perpetual Traffic Signal Easement for acquisition of Parcel 100, College Parkway & Riverwalk Park, Project #6065; (2) payment of costs and fees to close; (3) Division of County Lands to handle and accept all documentation necessary to complete this transaction and grant time extension to close, if necessary.

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.  (#20050110-County Lands)

 

       

(D)

ACTION REQUESTED:

Authorize: (1) approval of Purchase Agreement for acquisition of Parcel 110 consisting of approximately 1.522 acres, for the Three Oaks Parkway Widening Project No. 4081; (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 the transaction.

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES:

Allows the County to proceed without resorting to Eminent Domain.  (#20050111-County Lands)

 

 

(E)

ACTION REQUESTED:

Authorize: (1) approval of Easement Purchase Agreements for acquisition of Parcels 180 and 211 Gunnery Road Widening Project 4055, in the amount of $500 each; (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 and grant time extension to close, if necessary.

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.  (#20050156-County Lands)

 

 

(F)

ACTION REQUESTED:

Authorize: 1) the Division of County Lands to make binding offer to property owner in the amount of $500.00 for Parcel 185C, Gunnery Road Widening Project No. 4055, pursuant to the Purchase Agreement; 2) the Division of County Lands to handle and accept all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

The Board must authorize the making of a binding offer to a property owner prior to initiation of condemnation proceedings.

WHAT ACTION ACCOMPLISHES:

Makes binding offers to property owner.  (#20050166-County Lands)

 

 

(G)

ACTION REQUESTED:

Authorize: 1) the Division of County Lands to make binding offer to property owner in the amount of $7,000.00 for Parcels 109A, B, & C, 113C and 117C, Gunnery Road Widening Project No. 4055, pursuant to the Purchase Agreement; 2) the Division of County Lands to handle and accept all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

The Board must authorize the making of a binding offer to a property owner prior to initiation of condemnation proceedings.

WHAT ACTION ACCOMPLISHES:

Makes binding offers to property owner.  (#20050167-County Lands)

 

 

(H)

ACTION REQUESTED:

Approve Purchase Agreement for acquisition of Parcels 301 and 301SDE, Three Oaks Parkway South Extension Project No. 4043, in the amount of $20,000; 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.  (#20050173-County Lands)

 

 

(I)

ACTION REQUESTED:

Authorize: 1) the Division of County Lands to make binding offers to property owners in the amount of $1,500, each for Parcels 135, 169, and 171 Gunnery Road Widening Project No. 4055, pursuant to the Purchase Agreements; 2) the Division of County Lands to handle and accept all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

The Board must authorize the making of a binding offer to a property owner prior to initiation of condemnation proceedings.

WHAT ACTION ACCOMPLISHES:

Makes binding offers to property owners  (#20050174-County Lands)

 

 

(J)

ACTION REQUESTED:

Authorize: 1) the Division of County Lands to make binding offers to property owners in the amount of $2,000 for Parcel 120, $3,500 for Parcel 128, $1,600 for Parcel 137, $1,750 for Parcel 190,  $2,500 for Parcel 191, $2,100 for Parcel 192, and $7,500 for Parcel 193, Gunnery Road Widening Project No. 4055, pursuant to the Purchase Agreements; 2) the Division of County Lands to handle and accept all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

The Board must authorize the making of a binding offer to a property owner prior to initiation of condemnation proceedings.

WHAT ACTION ACCOMPLISHES:

Makes binding offers to property owners.  (#20050182-County Lands)

 

 

(K)

ACTION REQUESTED:

Authorize: 1) the Division of County Lands to make binding offers to property owners in the amount of $10,700 for Parcel 100, $9,500 for Parcel 108, $6,400 for Parcel 110, and $12,000 for Parcel 111, Gunnery Road Widening Project No. 4055, pursuant to the Purchase Agreements; 2) the Division of County Lands to handle and accept all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

The Board must authorize the making of a binding offer to a property owner prior to initiation of condemnation proceedings.

WHAT ACTION ACCOMPLISHES:

Makes binding offers to property owners.  (#20050185-County Lands)

 

 

(L)

ACTION REQUESTED:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of  $260,500 for Parcels 104, 105, 106, 107, 108, 109A, 109B, and 110, Ten Mile Linear Park, Project No. 2001, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

The Board must authorize the making of a binding offer to a property owner prior to initiation of condemnation proceedings.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner.  (#20050201-County Lands)

 

 

(M)

ACTION REQUESTED:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of  $125,000 for Parcel 205, Ten Mile Linear Park, Project No. 2001, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

The Board must authorize the making of a binding offer to a property owner prior to initiation of condemnation proceedings.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner.  (#20050204-County Lands)

 

 

(N)

ACTION REQUESTED:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $245,000 for Parcel 206, Ten Mile Linear Park, Project No. 2001, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

The Board must authorize the making of a binding offer to a property owner prior to initiation of condemnation proceedings.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner.  (#20050205-County Lands)

 

 

(O)

ACTION REQUESTED:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of  $30,000 for Parcel 207, Ten Mile Linear Park, Project No. 2001, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

The Board must authorize the making of a binding offer to a property owner prior to initiation of condemnation proceedings.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner.  (#20050206-County Lands)

 

 

(P)

ACTION REQUESTED:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of  $10,000 for Parcel 208, Ten Mile Linear Park, Project No. 2001, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

The Board must authorize the making of a binding offer to a property owner prior to initiation of condemnation proceedings.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner.  (#20050207-County Lands)

 

 

(Q)

ACTION REQUESTED:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of  $76,000 for Parcels 209 and 210, Ten Mile Linear Park, Project No. 2001, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

The Board must authorize the making of a binding offer to a property owner prior to initiation of condemnation proceedings.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner.  (#20050208-County Lands)

 

 

(R)

ACTION REQUESTED:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of  $110,000 for Parcel 211, Ten Mile Linear Park, Project No. 2001, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

The Board must authorize the making of a binding offer to a property owner prior to initiation of condemnation proceedings.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner.  (#20050209-County Lands)

 

 

(S)

ACTION REQUESTED:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of  $55,000 for Parcel 212, Ten Mile Linear Park, Project No. 2001, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

The Board must authorize the making of a binding offer to a property owner prior to initiation of condemnation proceedings.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner.  (#20050210-County Lands)

 

 

(T)

ACTION REQUESTED:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $150,000 for Parcels 213 and 214, Ten Mile Linear Park, Project No. 2001, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

The Board must authorize the making of a binding offer to a property owner prior to initiation of condemnation proceedings.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner.  (#20050211-County Lands)

 

 

(U)

ACTION REQUESTED:

Adopt a Resolution of Exchange relating to property located at 11092 Wagon Trail in Bonita Springs; authorize Chairman to execute all documents necessary to effectuate the exchange; authorize the Division of County Lands to handle and accept all documentation to complete this transaction, and approve payment for costs to close.

WHY ACTION IS NECESSARY:

Exchange of County property must be approved by the Board of County Commissioners, pursuant to Florida Statute.

WHAT ACTION ACCOMPLISHES:

Approves the exchange of property between Lee County, and Pedro and Norma Montemayor, husband and wife.  (#20050216-County Lands)

 

 

(V)

ACTION REQUESTED:

Adopt resolution to delete Administrative Codes 1-12 and 1-15.

WHY ACTION IS NECESSARY:

Board motion required to amend Administrative Codes.

WHAT ACTION ACCOMPLISHES:

Deletes Administrative Codes that did not meet the needs of the organization.  (#20050226-Human Resources)

 

 

(W)

ACTION REQUESTED:

Approve a second extension to close the Real Estate Sales Agreement between Lee County and Shady Rest Care Pavilion, Inc., a Florida non-profit corporation, for a period of 63 days.  Terms of the existing Agreement to remain in effect.

WHY ACTION IS NECESSARY:

Shady Rest Care Pavilion, Inc. needs additional time to secure their financing.

WHAT ACTION ACCOMPLISHES:

Extends the time period to close this transaction.  (#20050227-County Lands)

 

 

(X)

ACTION REQUESTED:

Approval of a Joint Participation Agreement and Authorizing Resolution with the Florida Department of Transportation for funding of scheduling software for the LeeTran’s ADA Paratransit service.

WHY ACTION IS NECESSARY:

To obtain capital and operating assistance from the Florida Department of Transportation’s Transit Service Development Program, a Joint Participation Agreement and authorizing resolution must be formally executed.

WHAT ACTION ACCOMPLISHES:

Allows for $56,000 in funding for approved capital expenses and after July 1, 2005 $25,000 for related operating expenses.  (#20050230-Transit)

 

7.

PUBLIC SAFETY

 

 

(A)

ACTION REQUESTED:

Board approve a two-year Certificate of Public Convenience and Necessity (CON) for Fort Myers Beach Fire Control District.

WHY ACTION IS NECESSARY:

CON is required by Florida Statute 401.25(d) for renewal of EMS provider license application.

WHAT ACTION ACCOMPLISHES:

Allows Fort Myers Beach Fire Control District to be recertified by the Bureau of EMS as an ALS Provider for two years.  (#20050217-EMS)

 

 

(B)

ACTION REQUESTED:

Board approve a two-year Certificate of Public Convenience and Necessity (CON) for Lehigh Acres Fire Control and Rescue District.

WHY ACTION IS NECESSARY:

CON is required by Florida Statute 401.25(d) for renewal of EMS provider license application.

WHAT ACTION ACCOMPLISHES:

Allows Lehigh Acres Fire Control and Rescue District to be recertified by the Bureau of EMS as an ALS Provider for two years.  (#20050218-EMS)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

9.

TRANSPORTATION

 

 

(A)

ACTION REQUESTED:

Approve award of Project # EX050233, the purchase of four new International Model 4200 trucks for DOT – Traffic, from International Truck and Engine Corporation, at the prices given in Florida State Contract # 070-700-05-1–grand total price (including non-contract options):  $235,420.

WHY ACTION IS NECESSARY:

Expenditures exceeding $50,000 require Board approval.

WHAT ACTION ACCOMPLISHES:

The new trucks will be used to install and maintain signs throughout the county.  They replace asset numbers 019649, 019588, 019284, and 019483 that have reached their life expectancy and have met Fleet Management’s replacement criteria requirements (please see Attachment # 4).  (#20050161-Transportation)

 

 

(B)

ACTION REQUESTED:

Approve Change Order No. 1 for CN-02-23 SANIBEL BRIDGE TOLL PLAZA RECONSTRUCTION and CAPE CORAL BRIDGE TOLL PLAZA RECONSTRUCTION to URS in the amount of $86,412.53.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Provides Lee County with Consultant to prepare plans and specifications for the replacement of existing fish cleaning facilities at the boat ramp adjacent to the Sanibel Bridge Toll Plaza, prepare plans and specifications for the replacement of restroom facilities at the boat ramp adjacent to the Sanibel Bridge Toll Plaza and to evaluate the suitability of additional area available for the expansion of the boat ramp adjacent to the Sanibel Bridge Toll Plaza.  (#20050164-Transportation)

 

 

(C)

ACTION REQUESTED:

Authorize Lee County Department of Transportation to proceed with an application to the Federal Highway Administration’s (FHWA) Value Pricing Pilot Program for developmental study and implementation of variable (now referred to as value) pricing on the Sanibel Causeway.

WHY ACTION IS NECESSARY:

Board of County Commissioners’ action is required for grant applications that require matching funds.

WHAT ACTION ACCOMPLISHES:

Allows DOT staff to proceed with a grant or series of grant applications for a total of up to $5 Million.  Further, allows staff to structure the application such that FHWA may award the grant in phases.  (#20050241-Transportation)

 

10.

UTILITIES

 

 

(A)

ACTION REQUESTED:

1) Accept Gasparilla Island Water Association, Inc. (GIWA) Petition for a rate increase for water and sewer services; 2) Authorize staff to set a public hearing for March 22, 2005 at 5:00 p.m., to adopt a Resolution approving the updated rates.

WHY ACTION IS NECESSARY:

As the franchising authority for this not-for-profit utility, Board approval is required for the approval of any modifications to its rates.

WHAT ACTION ACCOMPLISHES:

Provides required Board approval for GIWA to modify it water and sewer rates.  (#20050195-Utilities)

 

 

(B)

ACTION REQUESTED:

Approve the award of Q-040331I for the Purchase of six generators for Utilities various lift stations, to the low quoter meeting all specification requirements, Cummins Southeastern Power, for a grand total amount of $140,328.- plus Option A (if awarded)-of $4,890.00.  Please note that this purchase is being made in accordance with the terms and conditions of Formal Quote No. Q-040331 which was Board approved on June 29, 2004.

WHY ACTION IS NECESSARY:

Expenditures exceeding $50,000 require Board approval.

WHAT ACTION ACCOMPLISHES:

Provides emergency back up power to lift station pumps to keep the stations from overflowing and preventing an environmental issue.  Savings to taxpayers: $24,384.  (#20050225-Utilities)

 

11.

PARKS AND RECREATION

 

 

(A)

ACTION REQUESTED:

Approve the utilization of piggybacking on St. Johns County, Florida Bid–03-43, Price Agreement for Playground/Park Equipment with Playstructure Services in the amount of $52,500.00.  Also, approve a purchase order to Anchor Construction of Fort Myers, Inc. (not under St. Johns County contract) in the amount of $1,200.00 to perform concrete work as needed to install the above playground equipment, for a total amount of $53,700.00.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Allows the Parks & Recreation department to install needed playground equipment at Lynn Hall Memorial Park.  (#20050178-Parks and Recreation)

 

12.

COUNTY ATTORNEY

 

 

(A)

ACTION REQUESTED:

Approve proposed IDD Canal D2b Realignment Agreement between Centex Homes and Lee County providing for an exchange of a portion of IDD Canal D2b for an easement over and across a portion of Coco Bay Subdivision; adopt a Resolution of Exchange in accordance with F.S. §125.37; accept deed for grant of an easement from Centex Homes in accordance with the agreement; execute the Quit Claim deed to Centex Homes for a portion of IDD Canal D2b easement area; and authorize County staff to process the documents necessary to fully comply with the terms of the agreement.

WHY ACTION IS NECESSARY:

Board approval is necessary to enter into an agreement contemplating exchange of County property and to accept easements and execute deeds necessary to accomplish the transfer of the real property interest.

WHAT ACTION ACCOMPLISHES:

Serves to allow development of the Coco Bay Subdivision as contemplated while maintaining the County’s ability to provide for drainage needs along Kelly Cove Road.  (#20050060-County Attorney)

 

 

(B)

ACTION REQUESTED:

Approve an Addendum to Third Joint Supplemental Agreement between Lee County and the City of Bonita Springs Under its Master Transportation Agreement; Bonita Beach Road Widening: Traffic Signal at Downs Drive for the Bonita Beach Road Capital Improvement Project.

WHY ACTION IS NECESSARY:

Interlocal Agreements must be approved by the Board of County Commissioners.

WHAT ACTION ACCOMPLISHES:

Allows the Department of Transportation to proceed with Bonita Beach Road six-laning from Imperial Street to I-75, and resurfacing Bonita Beach Road from Vanderbilt Street to Imperial Street, to add additional Terms and conditions for the installation of an additional traffic signal light on Bonita Beach Road at Downs Drive, in addition to the County’s presently planned signal light at Quinn Street.  (#20050188-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).  (#20050229-Clerk of Courts)

 

 

(B)

ACTION REQUESTED:

Approve payment of delinquent tax overbid claim-Murray.

WHY ACTION IS NECESSARY:

Pursuant to Florida Statute 197.  Lee County is holding overbid funds from delinquent tax sales.

WHAT ACTION ACCOMPLISHES:

The Clerk has received a claim for these funds and requests that you release them.  (#20050001-Clerk of Courts)

 

 

ADMINISTRATIVE AGENDA

March 1, 2005

 

1.

COUNTY ADMINISTRATION

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(A)

ACTION REQUESTED:

Authorize the establishment of 23 full-time and 4 part-time positions for the Department of Community Development to provide adequate customer service due to record building activity.  Four occupied temporary positions will be converted to 4 part time positions to help with peak periods of activity.  Positions are fully fee-supported except 2 Environmental reviewers, which are partially fee-supported.  Approve transfer of funds from Reserves in the amount of $967,230 to cover salaries, fringes and operating costs for the balance of the current Fiscal Year. Transfer also covers initial capital expenditures, fleet and office remodel/furniture to accommodate new staff.  Approve Budget Amendment Resolution for Fleet Management to cover their increased maintenance expenses.

WHY ACTION IS NECESSARY:

Record levels of building activity have generated the need for additional staff to provide satisfactory customer service.

WHAT ACTION ACCOMPLISHES:

Provides adequate level of customer service.  Building Industry Oversight Committee has endorsed this request.  (#20050215-Community Development)

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

9.

TRANSPORTATION

 

10.

UTILITIES

 

 

(A)

ACTION REQUESTED:

Accept settlement of $12,182.97, and waive all penalty charges in the amount of $12,328.28, to allow customer to payoff in full the McGregor II sewer assessment.

WHY ACTION IS NECESSARY:

The Board of County Commissioners must approve or reject all settlements.

WHAT ACTION ACCOMPLISHES:

Establishes a fair and equitable settlement due to customer not knowing there were outstanding liens at time of purchase.  (#20050193-Utilities)

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(A)

ACTION REQUESTED:

Approve mediated settlement in Lee County v. Florida Rock Industries, Inc., Case No. 00-4004CA.

WHY ACTION IS NECESSARY:

Board must approve all settlements.

WHAT ACTION ACCOMPLISHES:

Settles claim for compensation and attorney fees.  (#20050236-County Attorney)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS

 

  

WALK ON AGENDA

March 1, 2005

 

(#1)

Walk On

 

ACTION REQUESTED:
1) Approve an extension to the Lee County Emergency Resolution Declaring Lee County a Major Disaster Area for the Removal of Hurricane Debris from the Lee County Bridgeless Barrier Islands, which authorizes the removal, transportation and disposal of “white goods” and construction and demolition (“C&D”) materials from the bridgeless Barrier Islands through marinas on Pine Island until May 6, 2005.  2) Waive certain LDC Regulations and their enforcement during the term of the Resolution to facilitate the use of Pine Island marinas for hurricane debris removal from the Barrier Islands.

WHAT ACTION ACCOMPLISHES:
Allows the Post-Disaster Recovery process to continue for the Barrier Islands until May 6, 2005, in order to restore safety to the Barrier Islands.  (#20050273-County Attorney)

 

(#2)

Walk On
 

ACTION REQUESTED/PURPOSE:
Direct Department of Human Services staff on how to handle the not-for-profit agencies that failed to meet the BOCC approved and publicly advertised FY06 Partnering for Results February 7, 2005 required Letter of Intent deadline.
WHAT ACTION ACCOMPLISHES:
Fulfills February 22, 2005 direction of Board of County Commissioners for staff to bring this item forward as a walk-on at the March 1, 2005 Board meeting.  Determines whether agencies that failed to meet the February 7, 2005 Letter of Intent deadline should be considered for funding.  (#20050282-Human Services)
 

(#3)

Walk On
 

ACTION REQUESTED/PURPOSE:
Execute Interlocal Agreement authorizing payment of $3,540,993 to the Captiva Erosion Prevention District (CEPD); approve transfer in the amount of $1,184,802 from Project 200686 Beach Renourishment Trust Fund to Project 203061 Captiva Renourishment and amend the FY04/05-08/09 CIP accordingly.

WHAT ACTION ACCOMPLISHES:
Allows for Lee County to provide cost sharing to CEPD in advance of upcoming renourishment project.  (#20050276-Natural Resources)
 

(#4)

Walk On
 

ACTION REQUESTED/PURPOSE:
Consider, approve and authorize the Chairman to sign the Settlement Agreement as adopted by the City of Sanibel on February 23, 2005 for the dismissal of Lee County Case No. 04-134-CA-H, Sanibel vs. Lee County.

WHAT ACTION ACCOMPLISHES:
Provides Board approval concerning certain terms and conditions as set out in the proposed Settlement Agreement for the “Sanibel Litigation”.  (#20050285-County Attorney)