District #1

Bob Janes

District #2

Douglas St. Cerny

Chairman

District #3

Ray Judah

 

District #4

Tammy Hall

Vice Chair

District #5

John E. Albion

 

Donald D. Stilwell,

County Manager

 

Robert W. Gray,

Deputy County Attorney

 

 

January 25, 2005

Please fill out a “Request to Comment” card if you plan to address the Board and return it to the Clerk at the left of the podium prior to the start of the meeting.

All back up for this agenda is available in the Public Resources Office, 1st Floor, Administration Building

Additional information is available on the Internet at http://www.lee-county.com

PLEASE NOTE:  The Board may take action in its capacity as the Port Authority or Government Leasing Corporation.

COMMISSION CHAMBERS, 2120 MAIN STREET, FORT MYERS, FLORIDA

 

9:30 AM

Invocation:

Pastor Charles Sullivan

Blessed Pope John XXIII Catholic 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

 

 

 

Walk-ons and Carry-overs

 

 

 

Commissioners' Items/Committee Appointments

 

 

 

County Manager Items

 

 

 

County Attorney Items

 

 

 

Adjourn until 5:00 PM


CONSENT AGENDA

January 25, 2005

 

1.

COUNTY ADMINISTRATION

 

 

(a)

ACTION REQUESTED:

Approve budget amendment resolutions and transfers from reserves, in various funds to provide fund financial adjustments for the FY03-04 year-end close out.  No additional funding is required, except in those funds, in which reserves are affected (listed in background).  Reserves represent those that were established during the development of the budget.  In some funds, (listed in background) for which additional revenues were received, the budget is being adjusted to reflect the additional revenues.

WHY ACTION IS NECESSARY:

Each year in the preparation of the year-end financial statements, Budget Services requests that certain fund adjustments be processed after the Finance division has made their final cash adjustments in conjunction with auditor findings.

WHAT ACTION ACCOMPLISHES:

Year-end adjustments allow the financial books for FY03-04 to be closed.  (#20050031-Budget Services)

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(a)

ACTION REQUESTED:

Accept a Petition to Vacate a 12-foot wide Public Utility Easement located at 717 & 719 Andover Ave. S., Lehigh Acres, Florida, and adopt a resolution, setting a Public Hearing for 5:00 PM on the 22nd day of February 2005.  (Case No. VAC2004-00049)

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:

Sets the time and date of the Public Hearing.  (S21-T45S-R27E)  (#5)  (#20041647-Development Services)

 

 

(b)

ACTION REQUESTED:

Accept a Petition to Vacate a 33-foot wide Right-of-Way Easement located at 21500/510 Three Oaks Parkway, Estero, Florida, and adopt a resolution setting a Public Hearing for 5:00 PM on the 22nd day of February 2005.  (Case No. VAC2003-00030)

WHY ACTION IS NECESSARY:

To facilitate the development of the Estero Fire and Rescue District Station #3 with associated administrative offices.  The subject right-of-way is not constructed and the vacation of this right-of-way will not alter traffic conditions and the right-of-way is not necessary to accommodate any future traffic requirement.

WHAT ACTION ACCOMPLISHES:

Setting the time and date of the Public Hearing.  (S34-T46S-R25E)  (#3)  (#20041706-Development Services)

 

5.

HUMAN SERVICES

 

 

(a)

ACTION REQUESTED:

Authorize Chairman to sign State Agreement for the receipt of Challenge Grant funds and subrecipient agreements. Also authorize Department of Human Services Deputy Director to sign required grant reports.  Approve budget resolution for State of Florida FY2005 Challenge Grants in the amount of $137,500 for the County fiscal year 2004-2005.

WHY ACTION IS NECESSARY:

To execute agreement, establish budget and delegate signature authority for grant reporting to the department.

WHAT THE ACTION ACCOMPLISHES:

Allows the Department to accept a contract from the State of Florida and proceed with program activities and the execution of subrecipient contracts as well as monthly reports.  (#20050032-Human Services)

 

 

(b)

ACTION REQUESTED:

Approve criteria for the Partnering for Results Request for Proposal (RFP) process and approve FY 2005-2006 funding amount not to exceed $3,622,154.  Approve a maximum of $42,000 of the $3,622,154 to be allocated to United Way of Lee County for the Information & Referral (211) services for FY 2005-2006.

WHY ACTION IS NECESSARY:

To provide policy direction and establish budget for the Partnering for Results Request for Proposal process.

WHAT ACTION ACCOMPLISHES:

Establishes the RFP guidelines and funding amount for FY 2005-2006 Partnering for Results and approves a maximum of $42,000 to be allocated to United Way.  (#20050043-Human Services)

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

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

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES:

Approves the exchange of property between Lee County and Stephanie Miller, Trustee.  (#20041547-County Lands)

 

 

(b)

ACTION REQUESTED:

Authorize: 1) the Division of County Lands to make a binding offer to property owner in the amount of $41,800 for Parcel 105, Three Oaks Parkway Widening, Project No. 4081 pursuant to the Purchase Agreement; 2) the Division of County Lands to handle and accept all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner.  (#20041686-County Lands)

 

 

(c)

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; rescind purchase agreement approved and accepted on November 9, 2004, under Blue Sheet No. 20041369.

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.  (#20041710-County Lands)

 

 

(d)

ACTION REQUESTED:

Request Board approve Addendum to an Interlocal Agreement for an Automated Bus Arrival Time System for Ft. Myers Beach. in the amount of $39,005 funded 100% by  the Town of Ft. Myers Beach.  Request Board approve Budget Amendment Resolution in the amount of $67, 370 for Additional Revenue and Expense for the Automated Bus Arrival Time System.

WHY ACTION IS NECESSARY:

Board approval is required on addendum to Interlocal Agreement.

WHAT ACTION ACCOMPLISHES:

Provides three additional trolleys with the automated arrival system and provide additional funding from Ft. Myers Beach to fund the project.  (#20050011-Transit)

 

7.

PUBLIC SAFETY

 

 

(a)

ACTION REQUESTED:

Adopt a motion to approve changing a street name on a platted street: as recorded Sherrill Ct in Plat Book 74, on page 97, of Sherrill Point; to be changed to Sherrill Point Ct.

WHY ACTION IS NECESSARY:

To be in compliance with Lee County Ordinance 04-18.

WHAT ACTION ACCOMPLISHES:

This will correct platted street name to the name approved.  (#20041729-E911)

 

 

(b)

ACTION REQUESTED:

Authorize Chairman to approve a Certificate of Public Convenience and Necessity (CON) to the San Carlos Park Fire Protection and Rescue Service District to conduct advance life support (ALS) non-transport service, emergency medical service care.

WHY ACTION IS NECESSARY:

Commission Chairman’s signature is required to execute CON.

WHAT ACTION ACCOMPLISHES:

Grants the applicant license to provide ALS service in accordance with State law and provision

Contained in Lee County Ordinance 02-19.  (#20050030-EMS)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Award Professional Services Agreement for CN-04-06 PLANTATION EXTENSION FROM IDLEWILD STREET TO COLONIAL BLVD, to T.Y. Lin International, for a not-to-exceed contract amount of $549,512.39.  This project has a completion time of 365 calendar days.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

The Consultant will provide professional services for the project known as Plantation Extension from Idlewild Street to Colonial Blvd to include design, right-of-way, permitting, drainage, signing, pavement marking and signalization.  (#20050022-Transportation)

 

 

(b)

ACTION REQUESTED:

Accept contribution of $55,426.00 from Sprint for the cost of relocating proposed drainage line on the Bonita Beach 6-Laning project, and approve budget resolution for revenues and expenditures and amend FY05-09 Capital Improvement Program.

WHY ACTION IS NECESSARY:

Requires BOCC approval for budget resolutions and amendments to CIP.

WHAT ACTION ACCOMPLISHES:

Allows County to accept a contribution from Sprint in the amount of $55,426.00 for the cost of relocating proposed drainage line on the Bonita Beach 6-Laning project  (#20050025-Transportation)

 

10.

UTILITIES

 

 

(a)

ACTION REQUESTED:

Approve construction of a water main and force main extension serving Estero Park Commons.   This is a Developer contributed asset project, which is located at the southwest corner of Corkscrew Road and Corkscrew Palms Boulevard.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection, and sanitary sewer service to this proposed commercial development.

WHAT ACTION ACCOMPLISHES:

Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Operations Manual.  (#200401583-Utilities)

 

 

(b)

ACTION REQUESTED:

Approve final acceptance, by Resolution, and recording of one (1) utility easement as a donation of one (1) 10” diameter fire line serving the Bell Tower Shops Parking Addition. This is a Developer Contributed asset project located at the northeast corner of S. Cleveland Avenue and Daniels Parkway.

WHY ACTION IS NECESSARY:

To provide fire protection to the recently constructed restaurants.

WHAT ACTION ACCOMPLISHES:

Places the fire line into operation and complies with the Lee County Utilities Operations Manual.  (#20041584-Utilities)

 

 

(c)

ACTION REQUESTED:

Authorize the Chairman on behalf of the BOCC to approve an Addendum to the Agreement for the Wholesale Sale of Potable Water by Lee County to the City of Cape Coral, dated 1-27-04.  Approve FY04/05 budget Amendment Resolution in the amount of $166,619.

WHY ACTION IS NECESSARY:

An addendum to the original interlocal agreement dated 1-27-04 is required so that Lee County Utilities may sell potable water on a wholesale basis to, and as requested by, the City of Cape Coral over an initial period of 20 years so that it may provide water service to the developing portions of the City.  In addition, the addendum provides for the sale of the County’s water main along a portion of Pondella Road to the City for the amount of $166,618.66.

WHAT ACTION ACCOMPLISHES:

The addendum will establish an increase in capacity to be purchased, transfer of ownership of facilities, location of interconnects, and responsibilities of each party.  (#20050008-Utilities)

 

11.

PARKS AND RECREATION

 

 

(a)

ACTION REQUESTED:

Request Board approve budget transfer from Capital Improvement-Conservation 20/20 land acquisition fund #30103 to Conservation 20/20 operating fund #30105 in the amount of $1,907,234.  In addition, carryover $2,727,024 from FY ‘03/04 to FY 04/05.  These funds are being set up in a new business unit for tracking of all Florida Communities Trust (FCT) projects and approve budget amendment resolution in the amount of $4,634,258.

WHY ACTION IS NECESSARY:

Board is required to approve all budget transfers, carryovers, and budget amendments.

WHAT ACTION ACCOMPLISHES:

Allows establishment of new business unit to track all Conservation 2020/FCT projects.  (#20050033-Parks and Recreation)

 

12.

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).  (#20041685-Clerk of Courts)

 

 

(b)

ACTION REQUESTED:

Present financial report for information purposes.

WHY ACTION IS NECESSARY:

To provide interim reporting on selected funds and revenues of the Lee County Board of County Commissioners.  Included in the report in compliance with Chapter 218.415 Florida Statutes, Local Government Investment Policies is the stated and fair market value of the investments managed by the Clerk’s Office.  Additionally, In pursuant to Lee County Ordinance 02-28 activity for the Driver’s Education Safety Trust Funds.

WHAT ACTION ACCOMPLISHES:

The purpose of this report is to convey to you the financial status of selected significant funds of the Lee County Board of County Commissioners and the status of specific revenues as of the stated dates and the market value of the investments managed by the Clerk’s Office on behalf of the Board.  (#20041695-Clerk of Courts)

 

 

ADMINISTRATIVE AGENDA

January 25, 2005

 

1.

COUNTY ADMINISTRATION

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(a)

ACTION REQUESTED:

Approve a reduction in demolition and lot mowing liens totaling approximately $33,139.57 down to $3,000 for five parcels located in Lee County(8220 Penny Drive, 3404 Katherine Street, 3733 Michigan Avenue, 8165 Heck Drive, 5529 Fourth Avenue), payable within 60 days from sale or Board approval.

WHY ACTION IS NECESSARY:

Board approval is required for mitigation of county liens.

WHAT ACTION ACCOMPLISHES:

Allows lien to be released.  (#20041628-Building Department)

 

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

January 25, 2005

 

Walk On

 

ACTION REQUESTED:
Authorize Chairman to sign Grant Certification Form for Grant Application to the Florida Housing Finance Corporation.

WHY ACTION IS NECESSARY:
The certification form is required to submit the grant application.

WHAT ACTION ACCOMPLISHES:
Allows the Department of Human Services to apply for additional grant funding.  (#20050062-Human Services)

 

             (#2) Walk On
 

ACTION REQUESTED:
1) Authorize the Chairman, on behalf of the BOCC, to sign as the Chief Official of the Subgrant Recipient for Lee County Utilities’ CERTIFICATION OF ACCEPTANCE OF SUBGRANT AWARD for a Florida Department of Law Enforcement’s Law Enforcement Terrorism Prevention Program Grant in the amount of $120,000; and 2) Approve Budget Amendment Resolution for $120,000.

WHAT ACTION ACCOMPLISHES:
Establishes the BOCC as being the Subgrant Recipient of the Grant and this Certificate constitutes official acceptance of the award and must be received by the FDLE prior to any reimbursement of project expenditure.  (#20050045-Utilities)
 

             (#3) Walk On
 

ACTION REQUESTED:
Authorize Chairman to approve a Certificate of Public Convenience and Necessity (CON) to the Bonita Springs Fire Control and Rescue District to conduct advance life support (ALS) non-transport service, emergency medical service care.
WHY ACTION IS NECESSARY:
Commission Chairman’s signature is required to execute CON.
WHAT ACTION ACCOMPLISHES:
Grants the applicant license to provide ALS service in accordance with State law and provision contained in Lee County Ordinance 02-19.  (#20050068-EMS)
 

             (#4) Walk On
 

ACTION REQUESTED:
Discuss and consider entering into an Employment Agreement with David M. Owen for services to be performed as the Lee County Attorney.  If approved by the Board, authorize the Chairman to execute same on behalf of the Board.
WHY ACTION IS NECESSARY:
All Employment Agreements must be approved by the Board.
WHAT ACTION ACCOMPLISHES:
Allows the Board of County Commissioners to discuss the County Attorney Employment Agreement and take potential action.
 


CARRYOVER AGENDA

January 25, 2005

 

(#1)

Carryover

 

ACTION REQUESTED:
Approve resolution of necessity to initiate eminent domain action to acquire all outstanding shares of stock of The Babcock Florida Company.

WHY ACTION IS NECESSARY:
Resolution of necessity is condition precedent to filing eminent domain action.

WHAT ACTION ACCOMPLISHES:
Authorizes filing of eminent domain action.  (#20050044-County Attorney)

 


PUBLIC AGENDA
January 25, 2005

 

5:00 PM

(#1)

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 3810 6th St. W., Lehigh Acres, Florida.  (Case No. VAC2004-00060)

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.  (S27-T44S-R26E)  (#5)  (#20050012-Development Services)

 

5:05 PM

Public Presentation of Matters by Citizens

 

Adjourn