District #1

Bob Janes

District #2

Douglas St. Cerny

Vice Chairman

District #3

Ray Judah

 

District #4

Andrew W. Coy

District #5

John E. Albion

Chairman

Donald D. Stilwell,

County Manager

 

Robert W. Gray,

Deputy County Attorney

 

October 12, 2004

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 Becky Robbins-Pennman

Lamb of God 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

 

 

10:00 AM

Public Hearing

 

ACTION REQUESTED:

To hold a public hearing on Tuesday, October 12, 2004 at 10:00 a.m., or as soon thereafter as the matter may be heard during the regular Board Meeting to discuss the use of funds related to the Local Law Enforcement Block Grant and authorize the grant award.

WHY ACTION IS NECESSARY:

A public hearing is required as part of the Local Law Enforcement Block Grant application process.

WHAT ACTION ACCOMPLISHES:

Enables the County to meet application requirements.  (#20041231-Budget Services)

 

 

 

Walk-ons and Carry-overs

 

 

 

Commissioners' Items/Committee Appointments

 

 

 

County Manager Items

 

 

 

County Attorney Items

 

 

 

Adjourn until 5:00 PM


CONSENT AGENDA

October 12, 2004 

 

1.

COUNTY ADMINISTRATION

 

 

(a)

ACTION REQUESTED:

Present to the Board for information and filing the Object Code #504015 Expenditure Report for the third quarter of FY03-04 (April through June 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.  (#20041219-County Manager)

 

2.

CONSTRUCTION AND DESIGN

 

 

(a)

ACTION REQUESTED:

Award Professional Services Agreement for CN-04-08, TAX COLLECTOR PROTO TYPICAL BRANCH OFFICE DESIGN, Contract No. 2886, to Parker/Mudgett/Smith Architects, Inc. for a lump sum of $129,490.00.  This project has a completion time of 375 calendar days.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Provides the County with a Consultant to provide programming, design and preparation of construction documents and construction contract administration for an approximately 8,000 square foot, single story office building to serve the Lee County Tax Collector.  Professional services will include the design of site and building infrastructure to include truck, public and staff parking, storm water improvements, site lighting, landscaping and walks.  (#20041233-Construction and Design)

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(a)

ACTION REQUESTED:

Approve an Interlocal Agreement with the Town of Fort Myers Beach for permitting, development review and code enforcement services in the amount of $183,352. (No budget resolution needed.  Already budgeted in FY05.)  The agreement is for October 1, 2004 - September 30, 2005, with an automatic two-year renewal clause.

WHY ACTION IS NECESSARY:

To provide continuing, consistent services to the Town of Fort Myers Beach.

WHAT ACTION ACCOMPLISHES:

Provides the Town of Fort Myers Beach with certain land use related services until October 2005 with a two-year renewal clause.  (#20041137-Community Development)

 

 

(b)

ACTION REQUESTED:

Accept a Petition to Vacate a 12-foot wide Drainage and Public Utility Easement at 6420 Maytree Cir, Fort Myers, FL 33905, located off of Buckingham Road, and adopt a resolution, setting a Public Hearing for 5:00 PM on the 9th day of November 2004.  (Case No. VAC2004-00053)

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.  (S16-T44S-R26E)  (#5)  (#20041234-Development Services)

 

 

(c)

ACTION REQUESTED:

Approve second amendment to an existing bonus density contract with the Signature Development Group, Inc., pertaining to a project known as the Club at Pine Ridge.

WHY ACTION IS NECESSARY:

Amendments to the existing contract must be approved by the Board pursuant to the Land Development Code and the Lee County Administrative Code.

WHAT ACTION ACCOMPLISHES:

Modifies the contract to reduce the number of bonus density units, thereby reducing the cash contribution due from the developer.  Also modifies the contract to allow developer the flexibility to build less than a maximum of 20 units.  (#20041269-Planning)

 

5.

HUMAN SERVICES

 

 

(a)

ACTION REQUESTED:

Authorize chairman to sign the contracts for the 2004-2005 funding for state mandated mental health services, substance abuse services, and initial medical exams for allegedly abused children with the Ruth Cooper Center, Southwest Florida Addiction Services, Inc. and Children’s Advocacy Center of Southwest Florida, Inc. respectively, as adopted at the final public hearing on September 22, 2004.

WHY ACTION IS NECESSARY:

To legally execute FY2005 contracts with the Ruth Cooper Center, Southwest Florida Addiction Services, Inc. and Children’s Advocacy Center of Southwest Florida, Inc.

WHAT ACTION ACCOMPLISHES:

Provides county funding for state mandated mental health services, substance abuse services, and medical exams for abused children.  (#20041256-Human Services)

 

 

(b)

ACTION REQUESTED:

Approve a budget amendment resolution for FY04-05 in the General Fund to receive $173,260 in Community Services Block Grant money, and $43,166 in Weatherization money from the Department of Community Affairs.

WHY ACTION IS NECESSARY:

An agreement between the Board of County Commissioners and the Department of Community Affairs was signed by the BOCC on August 10, 2004 on blue sheet #20040967 for the CSBG grant and August 25, 2004 on blue sheet #20041102 for WAP/LIHEAP.  Budget amendment resolutions for FY04-05 were not adopted at these times.

WHAT ACTION ACCOMPLISHES:

These funds provide $173,260 for case management and supportive services for eligible self-sufficiency clients, and $43,166 for weatherization for low-income homeowners.  (#20041257-Human Services)

 

 

(c)

ACTION REQUESTED:

Approve submission of Lee County’s Homeless Continuum of Care FY2005 Homeless Housing Assistance Grant and Challenge Grant to the State of Florida Office on Homelessness, Tallahassee.  Authorize Chairman to sign Cover Letters and Certifications

WHY ACTION IS NECESSARY:

The Florida State Office on Homelessness requires signed applications and certifications in order to enter the annual Challenge Grant and Homeless Housing Assistance Grant competition

WHAT ACTION ACCOMPLISHES:

Allows Lee County to apply for state funding for local homeless projects by the Department of Human Services and local non-profit agencies.  (#20041264-Human Services)

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Authorize: (1) approval of Real Estate Sales Agreement, for sale of previously declared surplus parcel on Lafayette Street, known as Lot 45, Block 25, Oakland Park Subdivision, in the amount of $1,015.00; (2) the Chairman on behalf of the Board of County Commissioners to sign the Agreement; and (3) Division of County Lands to handle all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:                         

The Board must approve all conveyances from Lee County.

WHAT ACTION ACCOMPLISHES:

Disposes of surplus property, placing it back on the tax rolls, as well as eliminating any further County liability (maintenance costs, insurance, etc.)  (#20041054-County Lands)

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Concur with the ranking of Consultants by the Competitive Negotiations Committee for CN-04-15 DEL PRADO EXTENSION CORRIDOR STUDY US 41 to SR 31, the following order of ranking, and authorize contract negotiations to commence with the number one ranked firm: (1) Inwood Consulting Engineers; (2) WilsonMiller, Inc.; and (3) E.C. Driver & Associates, Inc.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Allows negotiations to begin with consultants to provide professional services for the project.   The study will evaluate the traffic needs and demand for a roadway corridor extending from US 41 and Del Prado Boulevard as the western terminus to include the interchange with I-75 as identified in the Master plan adopted by FHWA and FDOT, and the adjacent property owners east of I-75.  (#20041013-Transportation)

 

 

(b)

ACTION REQUESTED:

Request Board approval for Change Order NO. 1 to Contract 2726, Neighborhood District and Countywide Sidewalks in the amount of $66,944.00.

WHY ACTION IS NECESSARY:

Board approval required for change orders over $50,000.

WHAT ACTION ACCOMPLISHES:

Enables the Department of Transportation (in conjunction with Human Services) to construct a five-foot concrete sidewalk on the south side of South Street from Henderson to Highland, utilizing the same contractor and contract currently building sidewalks in that area.  (#20041199-Transportation)

 

10.

UTILITIES

 

 

(a)

ACTION REQUESTED:

Approve final acceptance by Resolution as a donation of water distribution and gravity collection systems, lift station and force main serving Belle Lago, Phases 1D & 1E.  This is a developer contributed asset project located on the north side of Estero Parkway, approximately 2/3 mile east of S. Tamiami Trail in Estero.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection and sanitary sewer service to these phases of the recently constructed residential development.

WHAT ACTION ACCOMPLISHES:

Places the water and sewer systems into operation and complies with the Lee County Utilities Operations Manual.  (#20041171-Utilities)

 

 

(b)

ACTION REQUESTED:

Approve construction of the water distribution and gravity collection systems serving The Meadows at Estero. This is a Developer contributed asset project located on the southwest corner of U.S. 41 south and Pelican Sound `Blvd.

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES:

Complies with the Lee County Utilities line extension policy and provides adequate utility infrastructure to support development of the subject property.  (#20041172-Utilities)

 

 

(c)

ACTION REQUESTED:

Approve final acceptance, by Resolution, for one 6” diameter fire line serving Town and Country Aluminum.  This is a developer contributed asset project located at the southeast corner of Plantation Road and Metro Plex Drive.

WHY ACTION IS NECESSARY:

To provide fire protection to the recently constructed industrial building.

WHAT ACTION ACCOMPLISHES:

Places the fire line into operation and complies with the Lee County Utilities Operations Manual.  (#20041173-Utilities)

 

 

(d)

ACTION REQUESTED:

Award B-04-30 MATANZAS PASS FORCE MAIN REPLACEMENT, for the Utilities Division, to the low bidder meeting all bidding requirements, Danella Companies, Inc., for a total not-to-exceed amount of $1,100,162.00 with a final project completion time of 231 days.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

To select a contractor who will perform the Subaqueous crossing of navigational channel by 18” DIP force main and 16” DIP water main.  (#20041220-Utilities)

 

11.

PARKS AND RECREATION

 

 

(a)

ACTION REQUESTED:

Formally approve United States Department of Agriculture’s Wildlife Habitat Incentives Program (WHIP) Grant and budget Amendment and Resolution for $19,275 for Caloosahatchee Regional Park to remove exotic plants and grasses on approximately 216 acres of parkland. Follow-up pest management treatments for 10 years.

WHY ACTION IS NECESSARY:

Board must formally accept grants

WHAT ACTION ACCOMPLISHES:

To continue with the removal of exotic vegetation throughout our Parks.  (#20041217-Parks and Recreation)

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Approve a request to reconvey any rights held by the County in that portion of an unbuilt Viewer’s Road on the south side of Hancock Bridge Parkway in North Fort Myers in Sections 9 and 16, Township 46 South, Range 24 East, to the current property owners, authorize the Chairman to execute a County Deed for this purpose and authorize the County Attorney’s Office to handle and complete all documentation necessary.

WHY ACTION IS NECESSARY:

Board approval is necessary to reconvey the County’s rights in an unbuilt portion of a Viewer’s Road in accordance with §255.22, F.S.

WHAT ACTION ACCOMPLISHES:

Releases to the requesting property owner any right, title or interest held by the County in an unbuilt portion of the described Viewer’s Road at this location.  (#20041261-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).  (#20041286-Clerk of Courts)

 

 

ADMINISTRATIVE AGENDA

October 12, 2004

 

NO REQUESTS RECEIVED

 

 

1.

COUNTY ADMINISTRATION

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

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

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS

 


WALK ON AGENDA ITEMS
October 12, 2004

 

Walk On

 

ACTION REQUESTED:
Extend tax roll for mailing and collection.

WHY ACTION IS NECESSARY:

To provide revenue collection for taxing authorities while Value Adjustment hearings are being held.

WHAT ACTION ACCOMPLISHES:
Allows Tax Collector to mail tax notices prior to the conclusion of the VAB hearings.  (#20041297-Tax Collector)

REASON FOR WALK ON:
To allow the tax notices for 2004 to be mailed to property owners in a timely manner

 

             (#2)

ACTION REQUESTED:
Authorize Lee County Board of County Commissioners to endorse insurance checks issued to two or more parties.
WHY ACTION IS NECESSARY:
Insurance checks are being made out to homeowners, contractors and lien-holders. Homeowners are unable to cash the checks to repair homes damaged by disasters such as fire and hurricanes.
WHAT ACTION ACCOMPLISHES:
Allows homeowners to repair homes.  (#20041315-Human Services)
REASON FOR WALK ON:
To allow endorsement of checks so homeowners can have their homes repaired.
 

             (#3) ACTION REQUESTED:
Approve extension of Emergency Resolution declaring Lee County a Major Disaster Area for purposes of continuing the reconstruction permitting process for repairs to homes and businesses still recovering from the damage caused by the impact of Hurricane Charley.

WHY ACTION IS NECESSARY:
To continue the expedition of the reconstruction permitting process.

WHAT ACTION ACCOMPLISHES:
Allows the Post-Disaster Recovery process to continue.  (#20041327-County Attorney)

REASON FOR WALK ON:
To ensure the continued expeditious processing of reconstruction permits.
 

 PUBLIC AGENDA
 
October 12, 2004

5:00 PM

(#1)

Public Hearing

 

ACTION REQUESTED:

Conduct a Public Hearing to adopt a Resolution on Petition to Vacate 5-foot portion of a 20 feet wide Lake Maintenance Easement at 14013 Image Lake Court, Fort Myers, Florida, located off of Summerlin Road.  (Case No. VAC2003-00029)

WHY ACTION IS NECESSARY:

To legitimize the construction of an existing single-family residential swimming pool.  The easement was not shown on the permit application, and the pool was constructed within the 20 foot wide Lake Maintenance Easement.  The vacation of this easement will not alter existing lake maintenance and drainage conditions, and the easement is not necessary to accommodate any future maintenance and drainage requirements.

WHAT ACTION ACCOMPLISHES:

Vacates a portion of the Lake Maintenance Easement.  (26-T45S-R24)  (#3)  (#20041209-Development Services)

 

 

(#2)

Public Hearing

 

 

ACTION REQUESTED:

Conduct a Public Hearing to adopt a Resolution on Petition to Vacate a 12-foot wide Public Utility Easement located at 3303 and 3305 5th St. SW, Lehigh Acres, Florida 33971.  (Case No. VAC2004-00044)

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:

Vacates the Public Utility Easement.  (S35-T44S-R26E)  (#5)  (#20041210-Development Services)

 

 

(#3)

Public Hearing

 

 

ACTION REQUESTED:

Conduct a Public Hearing to adopt a Resolution on Petition to Vacate a 12-foot wide Public Utility Easement located at 3105 72nd Street W., Lehigh Acres, Florida 33971.  (Case No. VAC2004-00048)

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:

Vacates the Public Utility Easement.  (S2-T44S-R26E)  (#5)  (#20041211-Development Services)

 

 

5:05 PM

Public Presentation of Matters by Citizens

 

 

Adjourn