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

 

November 9, 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:

Commissioner Andrew W. Coy

County Commissioner District #4

 

 

 

 

Pledge of Allegiance

 

 

 

 

Recap

 

 

 

Presentations:

 

 

·         

Fort Myers Fall Boat Show Resolution

 

 

(Commissioner Albion-#20041342)

 

 

·         

Veterans Day Resolution

 

 

(Commissioner Coy-#20041343)

 

 

 

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

 

 

9:30 AM

Public Hearing
ACTION REQUESTED: Adopt and enact an ordinance known as the Moody River Estates Community Development District Ordinance.  (#20041208-County Attorney)

 

 

9:30 AM

Public Hearing
ACTION REQUESTED: Approve Blasting Permit Number BLS2004-00007 for Herons Glen Phase II with recommended conditions.(#20041287-Development Services)

 

 

 

Walk-ons and Carry-overs

 

 

 

Commissioners' Items/Committee Appointments

 

 

 

County Manager Items

 

 

 

County Attorney Items

 

 

 

Adjourn until 5:00 PM


CONSENT AGENDA

November 9, 2004 

 

1.

COUNTY ADMINISTRATION

 

 

(a)

ACTION REQUESTED:

Approve and authorize Chairman to execute an interlocal agreement between Lee County and the Town of Fort Myers Beach for the Lee County Tourist Development Council Beach & Shoreline CIP project, Newton Beach Park.  Approve budget transfer of $300,000 and amend the Fiscal Year 2004-05/2008-09 Capital Improvement Program budget accordingly.

WHY ACTION IS NECESSARY:

The Board of County Commissioner must approve all transfers and agreements.

WHAT ACTION ACCOMPLISHES:

Provides a mechanism to reimbursement the Town of Fort Myers Beach with TDC beach and shoreline capital improvement program funds.  (#20041354-VCB)

 

 

(b)

ACTION REQUESTED:

Request Board of County Commissioners to adopt a resolution authorizing the borrowing of up to $1,000,000 from the Tax Exempt Commercial Paper Program for upgrading of selected roads in Western Acres subdivision..

WHY ACTION IS NECESSARY:

MSBU projects must be included in a resolution prior to funding the improvements with Commercial Paper.

WHAT ACTION ACCOMPLISHES:

Approval of the resolution allows for specific draws on the credit line to be made to provide construction funds.  (#20041392-Budget Services)

 

2.

CONSTRUCTION AND DESIGN

 

 

(a)

ACTION REQUESTED:

Approve Change Order No. 38 for RFQ-01-07, LEE COUNTY FIREARMS TRAINING FACILITY, Contract 2025, with Casey Construction in the amount of  $543,000.00.  Approval is also requested for a Budget Resolution in the amount of $59,900.00 for funding from the Lee County Sheriff and amend FY04/05-08/09 accordingly.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Provides this project with additional funds needed due to rising ballistic steel prices encountered since the project Guaranteed Maximum Price (GMP) was approved.  (#20041419-Construction and Design)

 

 

(b)

ACTION REQUESTED:

Approve Addendum to the Construction Manager Agreement, for RFQ-02-04 Justice Center Expansion Phase 4 (Sitework Package) and Phase 5 (Vertical Package), with Centex Rooney Construction Company (Contract #2161) to include the Guaranteed Maximum Price (GMP) for Phases 4 and 5 in the amount of  $4,494,306,00 (which includes the 4% CM Fee) with an eight (8) month completion time anticipated for Phase IV and a ten (10) month completion time for Phase V for a total concurrent construction time of fifteen (15) months.  Also request Board approve waiving of any formal process (if needed) and authorize the use of the 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 for the Justice Center Expansion Phases IV and V.  (#20041421-Construction and Design)

 

 

(c)

ACTION REQUESTED:

Approve re-negotiated lease with Allstate Insurance Company for 2,252 square feet of space on the second floor of the Justice Center Annex (former Suntrust Plaza) at 2000 West Main Street, Ft. Myers, FL.  Lease cost will be $14.35 per square foot or $32,316.20 per year plus the CAM cost, which will be determined as of 1/1/05.  Lease will be for five (5) years with five (5), one year options to renew.  Lease to commence upon completion of remodel of the new space, which will be sometime in January of 2005.

WHY ACTION IS NECESSARY:

Board must approve all leases and changes to those leases.

WHAT ACTION ACCOMPLISHES:

Allows the county to place its government entities in the space that Allstate Insurance Company currently occupies on the 7th floor, while satisfying a request from Allstate Insurance Company to relocate their office to a space with less square footage.  (#20041425-Facilities Management)

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

5.

HUMAN SERVICES

 

 

(a)

ACTION REQUESTED:

Approve and adopt Resolution to amend AC-4-4, Contract Manual to authorize exemption from the formal bid level, for the Department of Human Services, Housing Services Program to increase the level from $50,000 to $75,000 to rehabilitate housing units purchased for resale to low income families and prioritized for the elderly, disabled and to make housing owned by low income families and the elderly safe and decent while maintaining affordability. Funds are available from the CDBG entitlement funds and Program Income, Hope III Sales Proceeds, and HOME funds.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Increases the purchasing level which will allow the Department of Human Services to bid and award contracts to local contractors to rehabilitate vacant and abandoned homes for resale to low income families as affordable housing and to restore safe, decent and affordable housing for low income Lee County homeowners.  (#20041375-Human Services)

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Approve the award of Project # EX050002, the purchase of tires for Fleet Management and Lee Tran, from all of the vendors and authorized distributors listed – and for the prices as stated - on Florida State Contract # 863-000-03-1. The expiration date of this contract is February 28, 2005 with possible extensions; therefore, permission is requested to utilize this contract until it expires if in the best interest of Lee County.  Also approve expenditures to the listed state contract vendors for tire related services; including, but not limited to mounting, balancing, alignments, service calls for flat tires, on-site heavy equipment tire service, etc.  Total annual expenditure for tires and tire related services is approximately $350,000.  (Approval of this project will supersede EX030264 - Board approved 2/18/03).  Also request authority to continue utilizing future Florida State Contracts for tires, etc. if in the best interest of Lee County; and approval of an increase in future overall expenditures of approximately 5% annually.

WHY ACTION IS NECESSARY:

Purchases exceeding $50,000 require Board approval.

WHAT ACTION ACCOMPLISHES:

Allows Fleet Management and Lee Tran to purchase tires at a competitive price, and also obtain related services from the same vendor(s) for a turnkey package.  Also provides for a wider selection of brands; allowing for the purchase of the make/type of tire that will provide the longest wear in specific applications.  (#20041282-Fleet Management/Transit)

 

 

(b)

ACTION REQUESTED:

Approve the acquisition of Parcel 203, Ten Mile Linear Park, Project No. 2001 in the amount of $55,000 pursuant to the Purchase Agreement; 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 voluntary acquisition of property thus avoiding the Board’s need to exercise its power of Eminent Domain.  (#20041369-County Lands)

 

 

(c)

ACTION REQUESTED:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $186,000 for Parcels 102 and 102-SE, Three Oaks Parkway Extension South, Project No. 4043, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete the 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 a binding offer to property owner.  (#20041389-County Lands)

 

 

(d)

ACTION REQUESTED:

Approve Purchase Agreement for acquisition of Strap No. 26-46-25-00-00001.2010 for the Estero Parkway Extension Project No. 5021, in the amount of $5,340,000; authorize payment of costs to close, and the Division of County Lands to handle 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:

Acquisition of property necessary for the widening of Three Oaks Parkway and Estero Parkway Extension   Projects.  (#20041400-County Lands)

 

 

(e)

ACTION REQUESTED:

Approve the award of Project # EX050057, the purchase of Cisco network hardware and maintenance, for the Library Division, at Florida State Contract pricing, from Solarcom LLC.  Grand total cost:  $104,289.98.  Permission is also requested to purchase the annual maintenance for the useful life of this hardware at annual cost of approximately $7,000 per year.  Board approval is also requested to expend a not-to-exceed amount of $9,000 for miscellaneous and incidental items that may be needed, including – but not limited to – cables, cards, inside or overnight delivery services, etc.  If needed these items/services would be purchased via the most economical and expedient methodology available.

WHY ACTION IS NECESSARY:

Purchases over $50,000 must be approved by the Board.

WHAT ACTION ACCOMPLISHES:

Allows the Library to upgrade existing network technology (increasing security and reliability) and implement a separate network for all public access computers.  (#20041411-Library)

 

 

(f)

ACTION REQUESTED:

Waive the formal quoting process and accept the informal quoting method for Quote # IT040599, Bus Benches, Trash Cans, and Sign Poles at Fort Myers Beach, for Lee Tran, to Lacor Streetscape, for the unit prices as listed on the tab sheet, at an annual cost of approximately $64,000. which is being fully reimbursed by the Town of Fort Myers Beach (50%) and the Federal Transit Administration (50%).  However, Lee Tran requests permission to purchase additional bus stop equipment from Lacor Streetscape in the future.  The waiving of the formal quoting process is being requested due to time constraints in order to satisfy the needs of Fort Myers Beach.

WHY ACTION IS NECESSARY:

Board approval is required for funding requests over $50,000.

WHAT ACTION ACCOMPLISHES:

Provides for the purchase of benches, trash receptacles and bus stop poles.  (#20041427-Transit)

 

7.

PUBLIC SAFETY

 

 

(a)

ACTION REQUESTED:

Adopt a Resolution to approve changing a street name on a platted street: as recorded Bob-White Ln in Plat Book 28, on Page 46, of Quail Creek unit 2 and Plat Book 25, on Page 157 of Quail Creek unit 1, to be changed to Bobwhite Ln.

WHY ACTION IS NECESSARY:

To be in compliance with Lee County Ordinance 88-13.

WHAT ACTION ACCOMPLISHES:

This will eliminate the dash (-) between the words in the street name and correct the misspelling of the street name.  (#20041382-E911)

 

 

(b)

ACTION REQUESTED:

Adopt a Resolution to approve changing a street name on a platted street: as recorded Dana-Lin Cir in Plat Book 30, on Page 69, of Daughtreys Creek and Plat Book 33, on Page 2 of Daughtreys Creek 1st Addition, to be changed to Dana Lin Cir.

WHY ACTION IS NECESSARY:

To be in compliance with Lee County Ordinance 88-13.

WHAT ACTION ACCOMPLISHES:

This will eliminate the unnecessary dash (-) between the words in the street name and may help expedite locating the street name in an emergency response.  (#20041383-E911)

 

 

(c)

ACTION REQUESTED:

Adopt a Resolution to approve changing a street name on a platted street as recorded Jef-Nik Ln in Plat Book 8, on Page 40, of Helfenstein Estates to be changed to Jef Nik Ln.

WHY ACTION IS NECESSARY:

To be in compliance with Lee County Ordinance 88-13.

WHAT ACTION ACCOMPLISHES:

This will eliminate the unnecessary dash (-) between the words in the street name and may help expedite locating the street name in an emergency response situation.  (#20041384-E911)

 

 

(d)

ACTION REQUESTED:

Adopt a Resolution to approve changing a street name on a platted street: as recorded Re-Cherche St in Plat Book 27, on page 147, of Mirror Lakes, to be changed to Recherche St.

WHY ACTION IS NECESSARY:

To be in compliance with Lee County Ordinance 88-13

WHAT ACTION ACCOMPLISHES:

This will eliminate the unnecessary dash (-) between the words in the street name and may help expedite locating the street name in an emergency response situation.  (#20041385-E911)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(a)

ACTION REQUESTED:

Approve for acceptance, and filing with the Clerk’s Office, Minutes Department, an after-the-fact emergency under Resolution 04-08-70 the following Supplemental Task Authorizations for CN-03-07, MISCELLANEOUS PROFESSIONAL SERVICES, for Hurricane Charley Storm Debris Removal Monitors:  STA No. 2 for Boyle Engineering, Contract No. 2511, in the not-to-exceed amount of $250,000; STA No. 1 for Hardesty and Hanover, Contract 2491, in the not-to-exceed amount of $350,000; and STA No. 2 for Consul-Tech, Contract 2495, in the not-to-exceed amount of $400,000.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Provides after-the-fact approval for the Solid Waste Division’s use of Debris Removal Monitors to provide monitoring, verification of load capacity and documentation of debris cubic yardage being trucked to the temporary disposal sites.  (#20041181-Solid Waste)

 

 

(b)

ACTION REQUESTED:

Execute Grant Agreement #04018 with Florida Fish and Wildlife Conservation Commission (FWC), awarding $25,000 to Lee County for construction of the “FWC ‘05 Reef Grant” project.  Approve corresponding Budget Amendment Resolution amending the FY04-05 - 08-09 CIP Program accordingly. Execute “Attachment E” - Certification regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion.

WHY ACTION IS NECESSARY:

To accept funding from FWC and certify eligibility to receive federal funds.

WHAT ACTION ACCOMPLISHES:

Formalizes $25,000 in grant funding.  (#20041363-Natural Resources)

 

 

(c)

ACTION REQUESTED:

Approve for acceptance, and filing with the Clerk’s Office, Minutes Department, an after-the-fact Emergency under Resolution 04-08-70 Change Order No. 2 to Contract No. 2524 with D. J. Casey Enterprise to temporarily increase the contract processing rate (currently $14.58 per ton paid on outgoing, processed tons) to receive, process, remove from the County's site, and recycle, horticultural/ vegetative materials an additional $3.75 per ton during the months of August, September, and October 2004 only, to compensate for additional labor and equipment employed to process and remove the significantly higher volume of horticulture material received due to Hurricane Charley.  The estimated tonnage of horticulture material that will be subject to this additional rate is approximately 32,000 tons total during August, September, and October 2004, or $120,000.00 in additional compensation.

WHY ACTION IS NECESSARY:

Board approval is required for services exceeding $50,000.00.

WHAT ACTION ACCOMPLISHES:

Provides continuous service from the contracted provider to receive, store, process and remove the significantly increased volume of horticultural material entering the County's Waste to Energy (WTE) Plant due to Hurricane Charley and provides the resources to maintain a neat, orderly, and FDEP compliant operation.  (#20041406-Solid Waste)

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Board approval to enter into the attached Landscape Installation and Maintenance Agreement between Lee County and Portofino–Ft. Myers Limited Partnership.  Authorize the Chairman to execute the agreement on behalf of the Board of County Commissioners.

WHY ACTION IS NECESSARY:

The Board must approve the agreement and authorize the Chairman to sign it in order for the document to become fully executed.

WHAT ACTION ACCOMPLISHES:

Provides an agreement that establishes the landscape installation, maintenance, and removal responsibilities for an existing landscaping project.  (#20041330-Transportation)

 

 

(b)

ACTION REQUESTED:

Approve award of Project # EX050049, the purchase of one new Versalift Model VST-5000I aerial device and chassis for DOT from Time Manufacturing Company at the prices given in the Federal General Services Administration Contract #GS-30F-1024H.  Also approve the trade-in of asset # 019726 to Time Manufacturing for an amount of $8000.  Total cost:  $111,281.

WHY ACTION IS NECESSARY:

As this expenditure will exceed $50,000, Board approval is required.

WHAT ACTION ACCOMPLISHES:

Provides DOT/Traffic with a new bucket truck to replace asset # 019726 which was damaged in a fire.  The cost to repair the fire damage, together with other needed repairs, will exceed the value of the truck; therefore, it will be traded in on the new vehicle.  (#20041393-Transportation)

 

10.

UTILITIES

 

 

(a)

ACTION REQUESTED:

Approve for acceptance, and filing with the Clerk’s Office, Minutes Department, an after-the-fact Emergency under Resolution 03-07-08 for the purchase of a Master Meter Automated Reading System for the San Carlos area, formerly GES area, from the most qualified bidder, Hughes Supply, Inc., in the amount of $145,000.

WHY ACTION IS NECESSARY:

Board approval is required for purchases over $50,000.00.

WHAT ACTION ACCOMPLISHES:

Provides after-the-fact approval under the emergency GES resolution for Purchase Order #53904 for the purchase of an Automated Meter Reading System for the GES area.  (#20041253-Utilities)

 

 

(b)

ACTION REQUESTED:

Approve for acceptance, and filing with the Clerk’s Office, Minutes Department, an after-the-fact Emergency under Resolution 03-07-08, for the utilization of the Brevard County Bid No. B-5-04-34 (Thompson Trash & Wellpoint Pumps) for the purchase of three Thompson Dewatering Pumps for Lee County Utilities in the amount of $100,711.00, (piggyback).

WHY ACTION IS NECESSARY:

Board approval is required for purchases over $50,000.00.

WHAT ACTION ACCOMPLISHES:

Provides after-the-fact approval under the emergency GES resolution for Purchase Order #55717 for the purchase of three Thompson Dewatering Pumps so that Lee County Utilities may continue to make repairs to the system in an expeditious manner due to the purchase of the GES system.  (#20041274-Utilities)

 

 

(c)

ACTION REQUESTED:

Authorize the chairman on behalf of the BOCC to approve South Florida Water Management District (SFWMD) Agreement No. IA050215 for Waterway Estates Wastewater Treatment Plant  (WWTP) Reuse Storage Project.  The total SFWMD funds are $100,000 and the total project cost is $650,000.  Remaining funds will be available in Lee County Utilities CIP budgeted funds.  Approve Budget Amendment Resolution for $100,000, and amend FY04-05/08-09 CIP accordingly.

WHY ACTION IS NECESSARY:

To establish the responsibilities and funding obligations of the County as this partially SFWMD-funded project is completed within a two-year period.

WHAT ACTION ACCOMPLISHES:

Allows Lee County to work cooperatively with SFWMD to complete the project (construction of a new 0.50 million-gallon aboveground storage tank and pumping facilities) that will enhance the future water resources capability of the Lee County Utilities system.  Also, reduces the amount of water disposed to the river, and reduces nutrient-loading of the river.  (#20041279-Utilities)

 

 

(d)

ACTION REQUESTED:

Approve final acceptance, by Resolution and recording of one (1) utility easement, as a donation of water and gravity main extensions serving San Carlos Six-Acre Center.  This is a developer contributed asset project located on the west side of S. Tamiami Trail approximately 800 feet north of Sanibel Blvd.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection, and sanitary sewer service to the recently constructed commercial development.

WHAT ACTION ACCOMPLISHES:

Places the water and wastewater facilities into operation and complies with the Lee County Utilities Operations Manual.  (#20041280-Utilities)

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Approve Funding Agreement for Legal Aid between Lee County and the Legal Aid Society, Inc. for County funding of legal aid in the amount of $208,623.00 for the period of October 1, 2004 through September 30, 2005.  Authorize Chairman’s signature on the Funding Agreement.

WHY ACTION IS NECESSARY:

Board of County Commissioners’ approval and execution is required to finalize the agreement with the Legal Aid Society, Inc.

WHAT ACTION ACCOMPLISHES:

Finalizes the Funding Agreement with the Legal Aid Society, Inc. for legal services to the indigent residents of Lee County in family law matters.  (#20041416-County Attorney)

 

 

(b)

ACTION REQUESTED:

Approve the Funding Agreement for Legal Aid between Lee County and the Florida Rural Legal Services, Inc. for County funding of legal aid in the amount of $108,366.00, for the period of October 1, 2004 through September 30, 2005.  Authorize Chairman’s signature on the Funding Agreement.

WHY ACTION IS NECESSARY:

Board of County Commissioners’ approval and execution is required to finalize the agreement with the Florida Rural Legal Services, Inc.

WHAT ACTION ACCOMPLISHES:

Finalizes the Funding Agreement with the Florida Rural Legal Services, Inc. for legal services to the indigent residents of Lee County in housing, immigration, and farm worker employment issues.  (#20041417-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).  (#20041404-Clerk of Courts)

 

 

(b)

ACTION REQUESTED:

Approve payment of delinquent tax overbid claim-Porter.

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.  (#20041418-Clerk of Courts)

 

  

ADMINISTRATIVE AGENDA

November 9, 2004

  

1.

COUNTY ADMINISTRATION

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(a)

ACTION REQUESTED:

Initiate in the current round of Lee Plan amendments, a Board of County Commissioner sponsored text amendment to reevaluate the provisions of Lee Plan Policy 75.1.4 (consideration of reduced density in the Coastal High Hazard Area).

WHY ACTION IS NECESSARY:

The September deadline has passed and the reevaluation of this policy would have to be put off for almost one year.

WHAT ACTION ACCOMPLISHES:

Allows for the reevaluation of Policy 75.1.4 during the current Lee Plan amendment cycle.  (#20041415-Planning)

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Reject the sole proposer under RFP 04-02 ADA Paratransit Service and authorize staff to provide the service in house at an annualized cost savings to Lee County of $60,000.  Request Board approve a budget amendment resolution to establish a ADA Paratransit budget to perform the service with county personnel and a transfer from general fund reserves in the amount of $529,862.  Request Board approve the addition of 48 county positions to provide the ADA Service.  Request Board authorize Staff to bring back any subsequent blue sheets needed for the ADA service.

WHY ACTION IS NECESSARY:

The requested action requires Board approval.

WHAT ACTION ACCOMPLISHES:

Allows Lee County Transit to provide the ADA Paratransit Service with county personnel at an annualized cost savings to the County of $60,000.  (#20041442-Transit)

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

9.

TRANSPORTATION

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Approve an additional $75,000.00 for purchase order of Foley & Lardner, LLP for legal representation before the Surface Transportation Board, Washington D.C., in the adverse abandonment action against Seminole Gulf Railroad, Case AB-400, for Alico Road Project.

WHY ACTION IS NECESSARY:

To cover additional costs expected in the adverse abandonment proceeding against Seminole Gulf Railroad for the Alico Road Project.

WHAT ACTION ACCOMPLISHES:

Provides additional funds expected to be needed for representation of this case.  (#20041387-County Attorney)

 

 

(b)

ACTION REQUESTED:

Approve mediated settlement with Worthington Holding Southwest LLC for parcel 103 of Treeline Avenue Project.

WHY ACTION IS NECESSARY:

Board must approve mediated settlement.

WHAT ACTION ACCOMPLISHES:

Settles compensation due for parcel 103 not including attorney fees and expert fees.  (#20041390-County Attorney)

 

 

(c)

ACTION REQUESTED:

Per Florida Statutes 193.461(3)(a), waive the requirement that an annual application or statement be made for agricultural classification of property within the County after an initial application is made and the classification granted.

WHY ACTION IS NECESSARY:

Florida Statutes authorize the County to waive the requirement, if requested by the Property Appraiser.

WHAT ACTION ACCOMPLISHES:

Waives the requirement for annual filing for Agricultural Exemption, if prior application is made and classification granted.  (#20041412-County Attorney)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS

 

 

WALK ON AGENDA ITEMS
November 9, 2004

 

Walk On

 

ACTION REQUESTED:
Approve Interlocal Agreement with the City of Sanibel for the continuation of operation and maintenance of Bowman's Beach Regional Park, Turner Beach, Sanibel School Park, and Blind Pass parking area.

WHY ACTION IS NECESSARY:
To formalize the agreement with the City of Sanibel which reduces costs of operation and maintenance for the City of Sanibel and Lee County
WHAT ACTION ACCOMPLISHES:
Lee County Regional parking permits will continue to be honored at Bowman's Beach, Turner Beach and Blind Pass. (20041482- Parks and Recreation)
REASON FOR WALK ON:

FRDP Grant deadline is November 11, 2004

 

             (#2) Walk On
  ACTION REQUESTED:
BoCC approval for the Chairman to execute the attached State of Florida Department of Transportation (FDOT) Local Agency Natural Disaster Emergency Contract related to Federal Highway Administration funds.  Also approve Budget Amendment for $13,455,000.
WHY ACTION IS NECESSARY:
BoCC approval is required for execution of the Contract and Budget Amendment Resolution.
WHAT ACTION ACCOMPLISHES:
Adopts a Resolution authorizing the Chairman to execute the Contract, allowing FDOT and Lee County to enter into a Natural Disaster Emergency Contract in the not-to-exceed amount of $13,455,000. (#20041483-Transportation)
REASON FOR WALK ON:
FRDP Grant deadline is November 11, 2004
 
             (#3)

ACTION REQUESTED:
Authorize Chairman to sign contract with The Nations Association, Inc. in the amount of $20,000 to reimburse the agency for unforeseen expenses related to Hurricane Charley that were not reimbursed by another agency.
WHY ACTION IS NECESSARY:
To provide funding to the Nations Association, Inc.
WHAT ACTION ACCOMPLISHES:
Reimburses the Nations Association, Inc. for hurricane related expenses. (#20041295-Human Services)
REASON FOR WALK ON:
Investigation is complete.
 

             (#4) ACTION REQUESTED:
Present Commissioner Coy Appreciation Resolution
 


PUBLIC AGENDA
 November 9, 2004
    

 

5:00 PM

(#1)

Public Hearing

 

ACTION REQUESTED:

Conduct a Public Hearing to adopt a Resolution to Vacate the Westerly 700 +/- feet of Coconut Road, a County Road Right-of-Way Easement (Viewer’s Road), and a smaller portion of County owned Road Right-of-Way, located at Coconut Road, Estero, Florida  (Case No. VAC2003-00023)

WHY ACTION IS NECESSARY:

To permit the development of the Coconut Point Marina property and to provide a private road to the marina parcel.

WHAT ACTION ACCOMPLISHES:

Vacates a portion of County Road Right-of-Way Easement.  (S7-T47S-R25E)  (#3)  (#20040963-Development Services)  CONTINUED FROM 10-26-04

 

(#2)

Public Hearing

 

ACTION REQUESTED:

Conduct a Public Hearing to adopt a Resolution on 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.  (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:

Vacates the Drainage and Public Utility Easement.  (S16-T44S-R26E)  (#5)  (#20041336-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 5559 6th St. W. Lehigh Acres, Florida 33971.  (Case No. VAC2004-00052)

WHY ACTION IS NECESSARY:

To construct a light industrial building 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.  (#5)  (#20041380-Development Services)

 

(#4)

Public Hearing

 

ACTION REQUESTED:

Hold a Public Hearing to amend Ordinance 83-23 to expand the legal description to include Phase II of the Country Lakes Streetlighting MSBU.

WHY ACTION IS NECESSARY:

Public hearing is a legal requirement in the consideration of the amending of a Municipal Service Benefit Unit.

WHAT ACTION ACCOMPLISHES:

Provides an opportunity for public input.  Satisfies the legal requirements of the Florida Statutes to proceed with the amendment of the Country Lakes Streetlighting MSBU for the purpose of adding Phase II to the unit.  (#20041323-MSTBU Services)

 

(#5)

Public Hearing

 

ACTION REQUESTED:

1) Approve an exchange of real property interests (under §125.37, F.S.) in a portion of the County’s easement located in a development known as Timberwalk at Three Oaks in exchange for a Perpetual Easement Grant also located at Timberwalk at Three Oaks; and, 2) authorize Chairman to sign the necessary documents to complete the exchange of real property interests.

WHY ACTION IS NECESSARY:

An exchange of County-owned property under §125.37, F.S., requires approval by the Board of County Commissioners.

WHAT ACTION ACCOMPLISHES:

Authorizes an exchange of County-owned property under §125.37, F.S., and provides Lee County Utilities with new water transmission lines at no cost to the County, improved access for maintenance of water supply wells, and a larger land area for well protection zones.  (#20041312-County Attorney)

 

5:05 PM

Public Presentation of Matters by Citizens

 

Adjourn