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 |
August 23, 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
Richard Cecil |
The
Father’s House |
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Pledge
of Allegiance |
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Presentations: |
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CP 1 |
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(Commissioner
Janes-#20051150) |
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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
of items pulled for discussion |
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Walk-ons
and Carry-overs |
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Commissioners'
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County
Manager Items |
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County
Attorney Items |
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Adjourn
until 5:00 PM |
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August
23, 2005
1. |
COUNTY ADMINISTRATION |
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ACTION REQUESTED/PURPOSE: Approve the Interlocal
Agreement for the Southwest Florida Job Training Consortium. WHAT ACTION ACCOMPLISHES: Allows continuation of the Southwest Florida Job
Training Consortium. MANAGEMENT
RECOMMENDATION: Recommend approval. (#20051118-Economic Development) |
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2. |
CONSTRUCTION
AND DESIGN |
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ACTION REQUESTED/PURPOSE: Approve lease with Equity One (Summerlin), Inc.
for 3,500 s.f. of space at the Summerlin Square Shopping Center, 17105 San
Carlos Blvd., Ft. Myers, Units F-3, F-4, F-5 and F-6, to be occupied by the
Lee County Tax Collector’s office.
Lease will be for 3 years at an annual cost of $46,101.72 for the first year and a 3%
annual increase in the base rent for years 2 and 3. There will be no additional charges for CAM. Lease can be terminated by giving 6 months
advance written notice. WHAT ACTION ACCOMPLISHES: Allows the Tax
Collectors office to remain in the same location as they have been for the
past 17 years. MANAGEMENT RECOMMENDATION: Approve.
(#20051092-Facilities Management) |
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Approve Budget Transfer
from Tourist Development Beach Capital Improvement Fund Reserves in the
amount of $400,000 to the Lynn Hall Pier Pilings Repair project and amend FY
04/05-08/09 CIP accordingly. WHAT ACTION ACCOMPLISHES: Provides funding to repair the pilings at Lynn Hall Pier. MANAGEMENT RECOMMENDATION: Staff recommends approval. (20051123-Facilities Management) |
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3. |
COUNTY
COMMISSIONERS |
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4. |
COMMUNITY
DEVELOPMENT |
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ACTION REQUESTED/PURPOSE: 1). Adopt a resolution
adopting the 2005/2006 Lee County Hurricane Housing Recovery (HHR) Housing
Assistance Plan and approve transmittal of the plan to the Florida Housing
Finance Corporation. 2) Authorize the
County Manager to make minor revisions that may be required for final state
approval. WHAT ACTION ACCOMPLISHES: Approval will enable the
County to receive up to $3.3 million in one-time hurricane recovery funds
from the State Legislature through the Florida Housing Finance Corporation. Approve
(#20051132-Planning) |
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ACTION REQUESTED/PURPOSE: 1)
Approve new Senior Planner position in the Division of Environmental
Sciences, for the Department of Community Development to coordinate and
review state wetland permits and activities.
2) Approve transfer of funds from MSTU-Reserves in the amount of
$31,500 for vehicle and furniture and equipment needs. FY04/05 salary costs will be absorbed by
current budget. WHAT ACTION ACCOMPLISHES: Implements
Board direction from June 6, 2005 Management and Planning Committee meeting. MANAGEMENT RECOMMENDATION: Approve.
(#20050949-Environmental Sciences) |
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5. |
HUMAN
SERVICES |
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6. |
INDEPENDENT |
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ACTION REQUESTED/PURPOSE: Approve Easement Purchase Agreement for
acquisition of Parcel 1018, Imperial Street Widening Project No. 4060, in the
amount of $1,000; authorize payment of costs to close; and authorize the
Division of County Lands to handle all documentation necessary to complete
transaction. WHAT ACTION
ACCOMPLISHES: The Board avoids Eminent
Domain. MANAGEMENT RECOMMENDATION: Management recommends Board approve the Action
Requested. (#20051024-County Lands) |
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ACTION REQUESTED/PURPOSE: Approve Easement Purchase Agreement for
acquisition of Parcel 1016, Imperial Street Widening Project No. 4060, in the
amount of $1,000; authorize payment of costs to close; and authorize the
Division of County Lands to handle all documentation necessary to complete
transaction. WHAT ACTION ACCOMPLISHES: The Board avoids Eminent
Domain. MANAGEMENT RECOMMENDATION: Management recommends Board approve the Action
Requested. (#20051028-County Lands) |
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ACTION REQUESTED/PURPOSE: Authorize: (1) approval of Easement Purchase
Agreement for acquisition of Parcel 609, Imperial Street Widening. Project
4060, in the amount of $1,000.00; (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 and grant time extension
to close, if necessary. WHAT ACTION ACCOMPLISHES: Allows the County to
proceed with the project without resorting to Eminent Domain proceedings. MANAGEMENT RECOMMENDATION: Management recommends Board approve the Action
Requested (#20051034-County Lands) |
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ACTION REQUESTED/PURPOSE: Approve Purchase Agreement for acquisition of
Parcels 103, 104, 105, 106, 107, 109, 110, & 111, Three Oaks Parkway
South Extension Project No. 4043, in the amount of $652,940; 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 parcels
necessary for the Three Oaks Parkway South, Project 4043. MANAGEMENT RECOMMENDATION: Management recommends Board approve the Action
Requested. (#20051057-County Lands) |
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ACTION REQUESTED/PURPOSE: Approve Purchase Agreement for acquisition of
Parcel 108, Three Oaks Parkway South Extension Project No. 4043, in the
amount of $80,000; 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 parcel
necessary for the Three Oaks Parkway South, Project 4043. MANAGEMENT RECOMMENDATION: Management recommends Board approve the Action
Requested. (#20051059-County Lands) |
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ACTION
REQUESTED/PURPOSE: Approve
Purchase Agreement for the acquisition of the property located at 2072
Victoria Avenue in the City of Fort Myers for shared use by the Lee County
Veterans Services, Project No. 8987, and the Lee County Sheriff’s office, in
the amount of $560,000, pursuant to the terms and conditions set forth in the
Purchase Agreement; authorize payment of costs to close and the Division of
County Lands to handle and accept all documentation necessary to complete
this transaction. Also approve budget
transfer from Capital
Improvement Fund Reserves in the amount of $604,000 to the Veterans Services
Relocation project and amend FY 04/05 -08/09 CIP accordingly. WHAT ACTION ACCOMPLISHES: The purchase of the office space necessary for Lee
County’s Veterans Services and Sheriff’s office. MANAGEMENT RECOMMENDATION: Management recommends Board approve the Action
Requested. (#20051095-County Lands) |
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ACTION REQUESTED/PURPOSE: Accept
Quit-Claim Deed 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 benefited property owners. MANAGEMENT RECOMMENDATION: Management recommends Board approve the Action
Requested. (#20051108-County Lands) |
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ACTION REQUESTED/PURPOSE: Approve staff pursing, in concept only, with the
Iona-McGregor Fire District, construction of a shared Public Safety complex
to be located on County owned land in southwest Lee County, on Pine Ridge
Road. WHAT ACTION
ACCOMPLISHES: Board’s direction is necessary before staff time
is expended. MANAGEMENT
RECOMMENDATION: Management recommends Board approve the Action
Requested. (#20051120-County Lands) |
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ACTION
REQUESTED/PURPOSE: Accept Quit-Claim Deed 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 benefited property owners. MANAGEMENT RECOMMENDATION: Management recommends Board approve the Action
Requested. (#20051122-County Lands) |
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ACTION REQUESTED/PURPOSE: Approve the award of
Project # Q-050533 for Equipment Rental for Countywide use to the following pool of
vendors meeting specifications: Rental City, Pantropic Power, Caloosa Tent
& Rental, Neff Rental Inc., Taylor Rental, Ryder Transportation, Sunbelt
Rentals Inc., Hertz Equipment Rental Corp., Acme Dynamics Inc. and United
Rentals; at the rates listed in each vendor’s quotation. This quotation is being awarded for an
estimated amount of $150,000.00 annually.
The initial term of this quote is one year; also request authority to
renew this quotation for four additional one-year periods, at the same terms
and conditions, if in the best interest of the County, at the expiration of
the original term. Funding will be
available from the individual department or division ‘s budget whom will be
responsible for monitoring their individual expenditures. WHAT ACTION
ACCOMPLISHES: To provide a consistent source of rental equipment
especially during emergency situations. MANAGEMENT RECOMMENDATION: Approve as stated. (#20051036-Purchasing) |
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7. |
PUBLIC
SAFETY |
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8. |
SOLID WASTE-NATURAL RESOURCES |
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ACTION REQUESTED/PURPOSE: Execute Amendment No. 3 to Project Agreement No.
65-4209-4-1630 between the United States Department of Agriculture, Natural
Resources Conservation Service (NRCS) and Lee County for emergency watershed
protection measures to relieve hazards and damages created by Hurricane
Charley. WHAT ACTION ACCOMPLISHES: Extends contract
completion date to November 30, 2005. MANAGEMENT
RECOMMENDATION: Staff recommends approval. (#20051133-Natural Resources) |
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ACTION REQUESTED/PURPOSE: Execute Amendment No. 1 to Contract No. OT040073
with South Florida Water Management District (SFWMD) for the Lee County
Drainage Improvements Project.
Amendment No. 1 eliminates the Gator Slough-Yellow Fever Interconnect
from the scope of work, reduces the District’s contribution by $125,000 and
extends expiration date to February 1, 2006.
Approve Budget Transfer from SFWMD Drainage Improvements (Project
208583) to SFWMD Grant (Project 208534) in the amount of $300,000 and amend the
FY04/05-08/09 CIP accordingly. ($125,000 in revenues and $175,000 in
expenses). WHAT ACTION ACCOMPLISHES: Amends contract and CIP to more accurately depict
SFWMD participation. MANAGEMENT RECOMMENDATION: Staff supports approval. (#20051135-Natural Resources). |
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9. |
TRANSPORTATION |
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10. |
UTILITIES |
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ACTION REQUESTED/PURPOSE: Approve construction of water main and gravity
main extensions serving Majestic
Fountains East to provide potable water service, fire protection and
sanitary sewer service to this phase of the proposed multi-family residential
development. This is a Developer Contributed asset project located along the
north side of Kelly Road approximately ¼ mile west of San Carlos Blvd. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to
support development of the subject property and complies with the Lee County
Utilities Operations Manual. MANAGEMENT RECOMMENDATION: Lee County Utilities requests that the County
Manager’s office recommend approval of this item. (#20051080-Utilities) |
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ACTION REQUESTED/PURPOSE: 1) Approve construction of reuse main extension
serving Prentiss Pointe Condominiums;
2) authorize the Chairman, on behalf of the BOCC, to approve construction
of one 2” diameter effluent reuse meter station by executing Exhibit A of the
“Agreement for the Delivery and Use of Reclaimed Effluent Water” between Lee
County and Prentiss Pointe Condominium Association, Incorporated; and, 3)
approve recording of Agreement. This
is a Developer Contributed Asset and the project is located on the east side
of Winkler Road approximately 350’ south of Summerlin Road. WHAT ACTION ACCOMPLISHES: Complies with the Lee County Utilities Operations
Manual and provides adequate irrigation infrastructure. MANAGEMENT RECOMMENDATION: Lee County Utilities requests that the County Manager’s
office recommend approval of this item.
(#20051088-Utilities) |
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ACTION REQUESTED/PURPOSE: Approve construction of water main and gravity
main extensions serving Jasmine Bay at
West Bay Club to provide potable water service, fire protection and
sanitary sewer service to this proposed multi-family residential development
This is a Developer Contributed asset project located along the west side of
West Bay Boulevard, approximately 2,000’ north of William Road. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to
support development of the subject property and complies with the Lee County
Utilities Operations Manual. MANAGEMENT RECOMMENDATION: Lee County Utilities requests that the County
Manager’s office recommend approval of this item. (#20051089-Utilities) |
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11. |
PARKS AND
RECREATION |
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12. |
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
(#20051149-Clerk of Courts) |
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August
23, 2005
1. |
COUNTY ADMINISTRATION |
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2. |
CONSTRUCTION AND DESIGN |
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ACTION REQUESTED/PURPOSE: Consider options and
provide staff direction concerning the Fisherman’s Coop property as it
relates to public water access and a public land base for the Outer Island
communities. WHAT ACTION
ACCOMPLISHES: Provides staff with policy direction regarding the
potential acquisition and use of the Coop property. MANAGEMENT
RECOMMENDATION: Requires Board input and direction. (#20051143-Construction and Design) |
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3. |
COUNTY COMMISSIONERS |
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4. |
COMMUNITY DEVELOPMENT |
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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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9. |
TRANSPORTATION |
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ACTION REQUESTED/PURPOSE: Approve Bid Waiver #
W-050577 to waive the formal quotation procedure, and allow Lee County Toll
Facilities to purchase coin vaults, as well as accessories and repairs for
the Automatic Coin Machines from Ascom Transport Systems, Inc. A waiver has
been requested because Ascom Transport Systems is the sole source for coin
vaults that integrate with the rest of the electronic toll collection
system. Amount set aside is a
not-to-exceed amount of $72,416. plus 10% for parts and accessory
incidentals. WHAT ACTION ACCOMPLISHES: Allows Toll Facilities
to purchase vaults and required parts, etc. on an as-needed basis in order to
keep the automatic coin machines fully operational. MANAGEMENT RECOMMENDATION: Staff recommends approval of purchase. (#20050972-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: Consider adoption of a Resolution expressing the
County’s intent to re-join the Florida Governmental Utility Authority
(“FGUA”). WHAT ACTION ACCOMPLISHES: Provides formal notice to the FGUA that the County
intends to re-join the organization for the purpose of participating in the
management and operations of the former Florida Water Utilities in Lehigh. MANAGEMENT RECOMMENDATION: Approve.
(#20051138-County Attorney) |
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ACTION REQUESTED/PURPOSE: Adopt a resolution amending the Merchants Crossing
DRI Development Order to eliminate the obligation to provide fire fighting
equipment. WHAT ACTION ACCOMPLISHES: Amends the DRI Development Order for Merchants
Crossing DRI through an expedited process in accordance with Florida Statutes
and the Lee County Lands Development Code. MANAGEMENT RECOMMENDATION: Approve
(#20050189-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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WALK
ON AGENDA
August 23, 2005
Walk On |
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ACTION REQUESTED/PURPOSE:
WHAT ACTION ACCOMPLISHES:
MANAGEMENT RECOMMENDATION:
REASON FOR WALK ON:
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August 23, 2005
5:00
PM |
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Public Hearing
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ACTION REQUESTED/PURPOSE: Conduct Public Hearing for Board to adopt and certify by
Resolution, the Residential and Commercial Mandatory Solid Waste Collection
and Disposal Annual Special Assessment Roll, Disposal Facilities Special
Assessment Roll, and MSTU Tax Roll to the Lee County Tax Collector for
collection for Fiscal Year 2005-2006. WHAT ACTION
ACCOMPLISHES: Complies with Lee County Ordinances, Florida
Administrative Code and Florida Statutes that provide for the uniform method
of collection for non-ad valorem special assessments and MSTU millage by the
Tax Collector. MANAGEMENT
RECOMMENDATION: Adopt and certify by Resolution, the Residential and Commercial Solid
Waste Annual Special Assessments Rolls and MSTU Tax Roll for fiscal year
2005-2006. (#20050994-Solid Waste)
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Public Hearing |
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ACTION
REQUESTED/PURPOSE: Conduct a Public Hearing
and consider the adoption of an Ordinance to be known as the “Lee County
Garbage and Solid Waste Collection/Disposal Ordinance”. WHAT ACTION ACCOMPLISHES: Sets the Lee County
Garbage and Solid Waste Collection/Disposal Ordinance for public hearing and
adoption. MANAGEMENT
RECOMMENDATION: Staff and County
Attorney’s Office recommend approval.
(#20050985-Solid Waste) |
Public Hearing |
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ACTION REQUESTED/PURPOSE: Conduct a public hearing to consider elimination
of mass transit service on LeeTran Route 80-Metro Parkway. WHAT ACTION ACCOMPLISHES: Compliance with
Administrative Code AC-11-15, which identifies route elimination as a major
service reduction requiring a public hearing. Meets Federal requirements for soliciting public comment
regarding the proposed service reduction. MANAGEMENT
RECOMMENDATION: Recommend public hearing be conducted in
consideration of LeeTran Route 80 elimination. (#20051125-Transit) |
Public Hearing |
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ACTION REQUESTED/PURPOSE: Approval of a Resolution to create the San Carlos
Drive Drainage and Curbing Municipal Service Benefit Unit and a Resolution to
Reimburse. WHAT ACTION ACCOMPLISHES: Allows staff to set up a Municipal Taxing Benefit
Unit to coordinate and manage a capital project to install drainage and curbs
in the defined area. MANAGEMENT RECOMMENDATION: Approve
(#20050685-MSTBU Services) |
5:05 PM |
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Public Hearing |
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ACTION REQUESTED/PURPOSE: Adopt an ordinance amending Lee County Land
Development Code (LDC) Chapters 2, 6, 10, 14, 30, and 34 after conducting
third public hearing. WHAT ACTION ACCOMPLISHES: Amends the LDC Chapters 2, 6, 10, 14, 30, and 34. MANAGEMENT RECOMMENDATION: Approve.
(#20050975-County Attorney) |
Public Hearing |
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ACTION REQUESTED/PURPOSE: Adopt an ordinance amending Lee County Land
Development Code (LDC) §34-1006 pertaining to airport noise zones after
conducting second public hearing. WHAT ACTION ACCOMPLISHES: Amends the LDC to create two airport noise
zones: 1. Airport
Lands Zone. This will consist of
property within the airport boundary.
2. Noise Sensitive Zone. This will consist of
property between the airport lands boundary and the 60 DNL contour line
identified on the attached Part 150 Map (2020 composite). MANAGEMENT
RECOMMENDATION: Adopt proposed ordinance. (#20051147-County Attorney) |
5:05 PM |
Public Presentation of Matters by Citizens |
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Adjourn |