District #1 Bob
Janes |
District #2 Douglas St. Cerny Chairman |
District #3 Ray
Judah
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District #4 Tammy Hall Vice Chair |
District #5 John E. Albion |
Donald D. Stilwell, County Manager |
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David
M. Owen County Attorney |
May 17, 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
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Invocation: |
Pastor
Robert E. Williams |
Caring
Ministries Fellowship |
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Pledge
of Allegiance |
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Presentations: |
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(Commissioner
St. Cerny-#20050625) |
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(Commissioner
Judah-#20050632) |
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(Commissioner
St. Cerny-#20050463) |
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(Commissioner
Hall-#20050634) |
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Recap |
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Public
Comment on the Consent and Administrative Agenda |
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Items
to be pulled for discussion by the Board |
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Motion
to approve balance of items |
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Consideration
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Walk-ons
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Commissioners'
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County
Manager Items |
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County
Attorney Items |
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Adjourn |
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May 17, 2005
1. |
COUNTY ADMINISTRATION |
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ACTION REQUESTED/PURPOSE: Cancel all Board of County Commissioners meetings
in the month of July, including Management & Planning and Zoning hearings
(July 4th through 29th). WHAT ACTION ACCOMPLISHES: The Board of County Commissioners traditionally
takes its summer recess in July due to the July 4th holiday,
National Association of Counties annual conference, and scheduled summer
vacations. MANAGEMENT
RECOMMENDATION: Approve. (#20050626-County Manager) |
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2. |
CONSTRUCTION AND DESIGN |
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ACTION REQUESTED/PURPOSE: Approve Budget Amendment Resolution in the amount of $8,787 for a contribution from the City of Bonita Springs and approve Budget Transfer from Regional Park Impact Fees in the amount of $41,213 and amend FY 04/05- 08/09 CIP by increasing Lovers Key Roadside Park project by $50,000. WHAT ACTION ACCOMPLISHES: Provides additional budget to the Lovers Key Roadside Park project to enhance the drainage and complete the project. MANAGEMENT RECOMMENDATION: Staff recommends approval. (#20050595-Construction and Design) |
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3. |
COUNTY COMMISSIONERS |
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4. |
COMMUNITY DEVELOPMENT |
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ACTION REQUESTED/PURPOSE: Authorize an extension, from May 30, 2005, to June
30, 2005, for three contracts C-2385, C-2732 and C-2899 between the Board of
County Commissioners and Lee County Housing Development Corp. (LCHDC) WHAT ACTION ACCOMPLISHES: These contract
extensions are technical in nature and will allow for more time for LCHDC to
complete its contractual obligations to the county. MANAGEMENT
RECOMMENDATION: Authorize extensions (#20050616-Planning) |
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5. |
HUMAN SERVICES |
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ACTION REQUESTED/PURPOSE: Authorize the Department
of Human Services to apply for the Substance Abuse and Mental Health Services
Administration (SAMHSA) Targeted Capacity Expansion Grant for Jail Diversion
Programs. Authorize Board Chairman to
sign the grant application and certifications. Authorize Board Chairman to sign Memorandums of Understanding
and Agreement with partnering public and non-profit entities. WHAT ACTION ACCOMPLISHES: Authorizes the Department of Human Services to
submit the application in accordance with SAMHSA guidelines which require
signed certifications and executed Memorandums of Understanding and Agreement
with partnering organizations for the application MANAGEMENT
RECOMMENDATION: Authorize Human Services
to apply for the SAMHSA grant.
(#20050618-Human Services) |
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6. |
INDEPENDENT |
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ACTION
REQUESTED/PURPOSE: Authorize the Director of County Lands to approve
increases to previously approved binding offers by the Board for the Gunnery
Road Widening Project No. 4055. The increases may not be greater than $3,000
above the original appraised values. Also, authorize Chairman, on behalf of
the Board, to sign the Purchase Agreements; and authorize the Division of
County Lands to handle and accept all documentation necessary to complete
transactions and grant an extension to close, if necessary. WHAT ACTION ACCOMPLISHES: Allows the County to proceed with the project without resorting to Eminent Domain proceedings, and saves Board and staff time in finalizing settlements and closings. MANAGEMENT RECOMMENDATION: Management recommends Board approve the Action Requested. (#20050538-County Lands) |
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ACTION
REQUESTED/PURPOSE: Accept four Quit-Claim Deeds for right-of-way
necessary for the Dewberry Lane Special Improvement MSBU for maintenance of
existing roads and streetlights; authorize the Division of County Lands to
handle and accept all documentation necessary; authorize payment of recording
fees. WHAT ACTION ACCOMPLISHES: Acquisition of right-of-way via Quit-Claim Deeds
from benefitted property owners. MANAGEMENT RECOMMENDATION: Management recommends Board approve the Action
Requested. (#20050583-County Lands) |
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ACTION REQUESTED/PURPOSE: Approve the electronic submission of the Federal
Transit Administration Section 5307 Urbanized Area Formula grant application
# FL-90-X532 in the amount of $1,984,659 and the accompanying
resolution. Upon approval of the
application by the FTA, authorize the Chairman to execute the grant
agreement. WHAT ACTION ACCOMPLISHES: Allows LeeTran to receive the balance of Section
5307 funding awarded in FY 2003 and $120,000 of FY 2003 Section 5307 funding
awarded to the Bonita Springs-Naples UZA and allocated to Lee County by
Collier County. MANAGEMENT
RECOMMENDATION: Recommend approval of
the grant application and authorizing resolution. (#20050600-Transit) |
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ACTION REQUESTED/PURPOSE: Approve the electronic submission of a Section 5309
Special Funding Allocation grant application to the Federal Transit
Administration and the accompanying resolution. Upon approval of the application by the Federal Transit
Administration, authorize the Chairman to execute the grant agreement. WHAT ACTION ACCOMPLISHES: Allows LeeTran to submit the application necessary
to receive the Funding Earmark awarded.
This will enable LeeTran to receive $1,524,702 in grant funds which
will be soft - matched with $381,176 in toll revenue credits and a $54,000
cash match. MANAGEMENT
RECOMMENDATION: Recommend approval of
the grant application and authorizing resolution. (#20050601-Transit) |
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7. |
PUBLIC SAFETY |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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ACTION REQUESTED/PURPOSE: WHAT ACTION ACCOMPLISHES: Provides Lee County with professional services for the project known as
Contracted Lab Services. This includes:
Providing analytical laboratory testing on a variety of samples
matrices, provide sample containers and result submittal. MANAGEMENT RECOMMENDATION: Staff recommends approval. (#20050587-Natural Resources) |
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ACTION REQUESTED/PURPOSE: Execute temporary easement granting the Captiva
Erosion Prevention District (CEPD) permission to enter onto Bowman’s and
Turner Beaches for the purposes of beach renourishment and associated permit
required activities until May 1, 2008. WHAT ACTION ACCOMPLISHES: Provides legal access to
CEPD and their contractors for the purpose of completing the beach
renourishment project on Captiva and northern Sanibel Islands. MANAGEMENT
RECOMMENDATION: Staff recommends approval. (#20050594-Natural Resources) |
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9. |
TRANSPORTATION |
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ACTION
REQUESTED/PURPOSE: Approve two Amendments to the Joint Project
Agreements (JPA) with the FDOT for Caloosahatchee River Crossings Incident
Management System (IMS) projects in the amount of $14,381.37. Also, approve authorizing a resolution for
the Chairman to execute these Amendments. WHAT ACTION ACCOMPLISHES: Amends the JPA’s for the two (2) Caloosahatchee
River Crossings (IMS) projects and provides the additional funding required
for completion of the Deign-Build Criteria Package. MANAGEMENT RECOMMENDATION: Staff recommends
approval. (#20050516-Transportation) |
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ACTION
REQUESTED/PURPOSE: Approval to remove accounts receivable balances
considered to be inactive and uncollectible for Public Works/Community
Development: Department of
Transportation, $17,507.89, and Community Development, $530. WHAT ACTION ACCOMPLISHES: Annual reduction
of accounts receivable balances by the accounts identified as
uncollectible. Uncollectibles result
when customers’ bills remain unpaid for various reasons. MANAGEMENT RECOMMENDATION: Approve
(#20050617-Transportation) |
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10. |
UTILITIES |
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11. |
PARKS AND RECREATION |
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ACTION
REQUESTED/PURPOSE: Approve and execute Funding and Reimbursement
Agreement between Lee County and the Friends of Matanzas Pass Preserve in the
amount of $20,250 for the completion of the project “Matanzas Pass Preserve
Canopy and Native Plant Restoration Project”. WHAT ACTION ACCOMPLISHES: Enables the
Friends to proceed with a grant award from the Charlotte Harbor National Estuary
Program (CHNEP) through the Southwest Florida Regional Planning Council
(SWFRPC). MANAGEMENT RECOMMENDATION: Allows the
Friends to expend funds on a reimbursement basis with Lee County staff and
Friends’ volunteers providing an in-kind match. (#20050561-Parks and Recreation) |
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12. |
COUNTY ATTORNEY |
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ACTION
REQUESTED/PURPOSE: Adopt by Resolution Lee
County Administrative Code 12-6 pertaining to Categories of contractor Certificates of
Competency Available Through Application to the Construction Licensing Board
as amended to reinstate the Sign Contractor – Limited Certificate category. WHAT ACTION ACCOMPLISHES: Reinstates the Sign Contractor - Limited
Certificate of Competency in Lee County. MANAGEMENT
RECOMMENDATION: Approve (#20050535-County Attorney) |
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ACTION REQUESTED/PURPOSE: Direct to public hearing on June 14, 2005 at 9:30
a.m., or as soon thereafter as it may be heard, a non-emergency resolution in support of expansion of the
Arborwood Community Development District (“District”) boundaries by
the Florida Land and Water Adjudicatory Commission (“FLAWAC”). WHAT ACTION ACCOMPLISHES: Supports the expansion of an independent special district. MANAGEMENT RECOMMENDATION: Approve.
(#20050620-County Attorney) |
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ACTION REQUESTED/PURPOSE: Adopt resolution acknowledging and offering no
objection to the transfer of ownership and control of Pelican Nest Drive from
the Bay Creek Community Development District to the Pelican Landing Community
Association, Inc. WHAT ACTION ACCOMPLISHES: Confirms that Lee County does not have an interest
in the Pelican Nest Drive west of the existing gatehouse, thereby allowing
for the transfer of ownership and control to the property owners’ association. MANAGEMENT RECOMMENDATION: County Staff supports the resolution. (#20050624-County Attorney) |
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13. |
HEARING EXAMINER |
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14. |
PORT AUTHORITY |
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15. |
CONSTITUTIONAL OFFICERS |
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ACTION REQUESTED/PURPOSE: Approve disbursements. WHAT ACTION ACCOMPLISHES: Florida
Statute Chapter 136.06(1) requires that all County disbursements be recorded
in the Minutes of the Board. Compliance with the requirements of FS
136.06(1). MANAGEMENT RECOMMENDATION: Approve
(#20050596-Clerk of Courts) |
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ACTION REQUESTED/PURPOSE: Request Board of County Commissioners approve
payment of Delinquent Tax overbid money to the claimant-Estate of Ronald B.
Harris. Pursuant to Florida
Statute 197 the Board is to hold unclaimed overbid funds from Delinquent Tax
sales for a period of two years on behalf of the original land owner. WHAT ACTION ACCOMPLISHES: The
Clerk has received a verified claim of these funds and requests that you
release them to the claimant. MANAGEMENT
RECOMMENDATION: Approve (#20050602-Clerk of Courts) |
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ACTION REQUESTED/PURPOSE: Request Board of County Commissioners approve
payment of Delinquent Tax overbid money to the claimant-Prime Intercoastal
Group. Pursuant to Florida Statute 197 the Board
is to hold unclaimed overbid funds from Delinquent Tax sales for a period of
two years on behalf of the original land owner. WHAT ACTION ACCOMPLISHES: The
Clerk has received a verified claim of these funds and requests that you
release them to the claimant. MANAGEMENT
RECOMMENDATION: Approve (#20050636-Clerk of Courts) |
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ACTION REQUESTED/PURPOSE: Request Board of County Commissioners approve
payment of Delinquent Tax overbid money to the claimant-Tradewinds Title,
Inc. Pursuant to Florida Statute 197 the Board
is to hold unclaimed overbid funds from Delinquent Tax sales for a period of
two years on behalf of the original land owner. WHAT ACTION ACCOMPLISHES: The
Clerk has received a verified claim of these funds and requests that you
release them to the claimant. MANAGEMENT
RECOMMENDATION: Approve (#20050637-Clerk of Courts) |
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May
17, 2005
1. |
COUNTY ADMINISTRATION |
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2. |
CONSTRUCTION AND DESIGN |
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3. |
COUNTY COMMISSIONERS |
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4. |
COMMUNITY DEVELOPMENT |
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ACTION REQUESTED/PURPOSE: Adopt revisions to Administrative Codes 13-1 and 13-8 to
streamline the process for Petitions to Vacate. Adopt a Resolution to amend AC-13-1 and AC-13-8. WHAT ACTION ACCOMPLISHES: Reduces the steps in
scheduling Public Hearings and sets the Public Hearings for 9:30 a.m. instead
of at 5:00 p.m. MANAGEMENT
RECOMMENDATION: Approve (#20050544-Development Services) |
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5. |
HUMAN SERVICES |
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6. |
INDEPENDENT |
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7. |
PUBLIC SAFETY |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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ACTION
REQUESTED/PURPOSE: Waive formal procurement procedures and approve
and authorize the Chairman to sign a Definitive Agreement between Lee County
and Covanta Energy, Inc, the current operator of the County Waste to Energy
facility, providing for the costs and responsibilities of the Parties for
Engineering Oversight, Construction Management and Start-Up of the Waste to
Energy Third Unit Expansion Project. WHAT ACTION ACCOMPLISHES: Establishes a formal agreement providing the
roles, costs, and responsibilities for the County and Covanta Energy, Inc.
for the design, construction, and start-up of the Waste to Energy Expansion
Project. This Definitive Agreement
was developed pursuant to the Memorandum of Understanding (MOU) previously
approved by the BOCC. MANAGEMENT
RECOMMENDATION: Staff recommends
approval. (#20050628-Solid Waste) |
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9. |
TRANSPORTATION |
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10. |
UTILITIES |
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11. |
PARKS AND RECREATION |
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12. |
COUNTY ATTORNEY |
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ACTION
REQUESTED/PURPOSE: Approve the Resolution of Necessity for the
acquisition and condemnation of parcel required for the San Carlos Bay/Bunche
Beach Preserve Project. Approve a
budget transfer from Regional Impact Fee reserves in the amount of $618,887
and a budget transfer from Florida Forever project in the amount of $481,113
to San Carlos Bay/Bunche Beach Preserve Project. Amend the FY 04-05/08-09 CIP accordingly. WHAT ACTION ACCOMPLISHES: Allows the County
to proceed with condemnation, if necessary, so parcel can be acquired for the
San Carlos Bay/Bunche Beach Preserve Project, No. 202035. MANAGEMENT RECOMMENDATION: Management
recommends Board approve the action requested. (#20050614-County Attorney) |
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13. |
HEARING EXAMINER |
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14. |
PORT AUTHORITY |
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ACTION REQUESTED/PURPOSE: Request Board approval of arbitrage rebate payment on the Airport Revenue Bonds, Series 2000A and B and authorize the Board Chairman to execute IRS Form 8038-T, Arbitrage Rebate and Penalty in Lieu of Arbitrage Reabte. (Port Authority) |
15. |
CONSTITUTIONAL OFFICERS |
Walk On |
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ACTION REQUESTED/PURPOSE: WHAT
ACTION ACCOMPLISHES:
MANAGEMENT RECOMMENDATION: REASON
FOR WALK ON: |