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

 

David M. Owen,

County Attorney

 

 

February 8, 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 Richard Cecil

The Father’s House

 

 

 

 

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

February 8, 2005

 

1.

COUNTY ADMINISTRATION

 

 

(a)

ACTION REQUESTED:

Approve Interlocal Agreement between Lee County Board of County Commissioners and the Lee County Industrial Development Authority (IDA) for fiscal year 04/05 $80,000.00 to the IDA for implementation of the marketing plan.

WHY ACTION IS NECESSARY:

Sets out the terms by which the IDA will implement the marketing plan and administer the incentive program.

WHAT ACTION ACCOMPLISHES:

Provides funding for the marketing plan and the administration of the business incentive program.  (#20050066-Economic Development)

 

2.

CONSTRUCTION AND DESIGN

 

 

(a)

ACTION REQUESTED:

Approve award of Project # EX050180, the purchase and installation of Bentley Carpet Tiles and other flooring related items for the sixth floor of the Justice Center Annex (Sun Trust Building) for the Facilities Management Division, from Source Florida, at the prices given in the Federal General Services Administration Contract #GS-27F-0011A.  Total cost:  $68,441.

WHY ACTION IS NECESSARY:

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

WHAT ACTION ACCOMPLISHES:

Provides the Facilities Management Division with floor coverings at Federal General Services Administration quoted prices.  (#20050034-Facilities Management)

 

 

(b)

ACTION REQUESTED:

Approve lease with Francis D. Hussey, Jr., Trustee for 4,600 square feet of space located at 16780 San Carlos Boulevard to be utilized by the Sheriff’s Department as their West District substation.  Lease will be for five years with one five-year renewal upon the same terms and conditions.  Base lease cost will be $14.00 per square foot or $64,400 per year and Common Area Maintenance charge of $2.69 per square foot per year or $12,374 per year for the first year.  Base rental cost will increase annually by the CPI.  Lease can be terminated by giving the Lessor three months advance written notice.

WHY ACTION IS NECESSARY:

Board must approve all leases.

WHAT ACTION ACCOMPLISHES:

Allows the Sheriff’s Department to continue to stay in the same geographical area as they have been for the past five years.  (#20050101-Facilities Management)

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(a)

ACTION REQUESTED:

Accept a Petition to Vacate three (3) 12-foot wide Drainage and Public Utility Easements at 11360, 11340, 11320 and 11300 Lindbergh Blvd., Fort Myers, Florida, located off of Rickenbacker Parkway and Daniels Road, and adopt a resolution, setting a Public Hearing for 5:00 PM on the 22nd day of March 2005.  (Case No. VAC2004-00076)

WHY ACTION IS NECESSARY:

To build a commercial building on the combined four (4) 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.  (S24-T45S-R25E)  (#5)  (#20050061-Development Services)

 

5.

HUMAN SERVICES

 

 

(a)

ACTION REQUESTED:

Approve and execute a contract to receive $441,476 from the State of Florida Department of Community Affairs for the Low Income Home Energy Assistance Program (LIHEAP); approve budget amendment resolution.

WHY ACTION IS NECESSARY:

To secure grant funds for the Low Income Home Energy Assistance Program.

WHAT ACTION ACCOMPLISHES:

Will provide $441,476 in grant funds for assistance with energy costs to qualified households for the period of contract execution date through March 2006.  (#20050091-Human Services)

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Authorize: 1) the Division of County Lands to make binding offers to property owners in the amount of $500.00 each for Parcels 105, 106, 112, 130, 134, 151, 155, 164 and 176, Gunnery Road Widening Project No. 4055, pursuant to the Purchase Agreements; 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 offers to property owner.  (#20050063-County Lands)

 

 

(b)

ACTION REQUESTED:

Authorize: (1) approval of Easement Purchase Agreement for acquisition of Parcel 121, Alico Road Widening. Project 4030, in the amount of $3,000, plus $400 in attorney fees; (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.

WHY ACTION IS NECESSARY:

The Board must accept all real estate conveyances to Lee County.

WHAT ACTION ACCOMPLISHES:

Allows the County to proceed with the project without resorting to Eminent Domain proceedings.  (#20050067-County Lands)

 

 

(c)

ACTION REQUESTED:

Authorize: (1) approval of donation of Grant of Perpetual Traffic Signal Easement for acquisition of Parcel 200, College Parkway & Riverwalk Park, Project #6713; (2) payment of costs and fees to close; (3) Division of County Lands to handle and accept all documentation necessary to complete this transaction and grant time extension to close, if necessary.

WHY ACTION IS NECESSARY:

The Board must accept all real estate conveyances to Lee County.

WHAT ACTION ACCOMPLISHES:

Allows the County to proceed with the project without resorting to Eminent Domain proceedings.  (#20050072-County Lands)

 

7.

PUBLIC SAFETY

 

 

(a)

ACTION REQUESTED:

Approve the issuance of a Tower Antenna Site license to Alltel Communications, Inc., for space on the Stockade Tower located at 2501 Ortiz Ave, Ft. Myers, FL 33905.

WHY ACTION IS NECESSARY:

This license conveys the non-exclusive continued right to use the Stockade Tower and ground space beneath the tower.

WHAT ACTION ACCOMPLISHES:

Allows Alltel to maintain their existing antennas and related equipment near and upon the communications tower, so that they may continue to provide personal telephonic communications opportunities to local consumers through co-location.  (#20050094-Communications)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(a)

ACTION REQUESTED:

Approve Change Order No. 2 to Contract No. 2971, Hurricane Debris Removal, to American Environmental Contractors in the amount of $200,000 resulting in a new not-to-exceed contract total of $500,000.

WHY ACTION IS NECESSARY:

Board approval required for change orders in excess of $50,000.

WHAT ACTION ACCOMPLISHES:

Allows hurricane debris removal to continue.  (#20050083-Natural Resources)

 

 

(b)

ACTION REQUESTED:

Execute Contract OT051027 with the South Florida Water Management District (SFWMD) for North Lee County Hydrologic Restoration.  The total project cost is $550,000 including the District’s contribution of $500,000 with a $50,000 cost share by Lee County.  Approve Budget Transfer from SFWMD Grant Projects (Project 208534) to North Lee County Hydrologic Restoration (Project 208553) of $50,000.  Approve budget amendment in the amount of $500,00 and amend the FY04/05-08/09 CIP accordingly.

WHY ACTION IS NECESSARY:

Board approval is required for all contracts and amendments to the CIP.

WHAT ACTION ACCOMPLISHES:

Provides mechanism to reimburse County for activities relating to Powell Creek flow-way restoration and construction of the Powell Creek Bypass Extension.  (#20050103-Natural Resources)

 

 

(c)

ACTION REQUESTED:

Execute Joint Funding Agreement #05E0FL208010 with the U.S. Geological Survey for Water Resource Investigations for the period of October 1, 2004 through September 30, 2005.  The total project cost for the Cooperative Data Collection Program is $142,260.  The U.S. Geological Survey is providing $62,140 and Lee County’s cooperative share totals $80,120.  Approve budget amendment in the amount of $30,000 for South Florida Water Management contribution to local share and amend Surface Water FY04/05 operating budget accordingly.

WHY ACTION IS NECESSARY:

Board approval is required for all contracts, agreements, and budget amendments.

WHAT ACTION ACCOMPLISHES:

Provides mechanism to continue cooperative work with U.S. Geological Survey and Lee County, which provides critical data for hydrologic modeling and assessment of flood conditions.  (#20050104-Natural Resources)

 

 

(d)

ACTION REQUESTED:

Approve Supplemental Task Authorization (STA) No. 3, Contract 2482, with TKW Consulting Engineers, Inc., under CN-03-07, Countywide Engineering Services, in the not-to-exceed amount of $113,500.00 for the design engineering of the Ash Building Addition at the Waste to Energy Facility.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Provides the County with engineering/design services for the planned addition to the ash storage building at the waste to energy facility.  (#20050106-Solid Waste)

 

 

(e)

ACTION REQUESTED:

Approve Change Order No. 3 to the Service Provider Agreement with Lace Construction, Inc. d/b/a D.J. Casey Enterprises (Lee Contract No. 2524) for a rate increase for yard waste processing due to extraordinary increases in the cost of fuel and steel since the work was originally bid.  Approve transfer from Solid Waste operating reserves in the amount of $165,000.

WHY ACTION IS NECESSARY:

The estimated cost for the rate increase is expected to exceed $50,000.00 in one year.

WHAT ACTION ACCOMPLISHES:

Provides yard waste receipt and processing and recycling services for yard waste generated by the citizens and businesses of Lee County and brought to the Waste-to-Energy Plant.  (#20050107-Solid Waste)

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Approve additional monies in the not-to-exceed amount of $4,000 to obtain the best value carrier to ship the Scalper 107D shaker machine purchased via GSA contract under Project # EX050066 to Lee County.  The purchase of the machine was approved by the Board on 11/30/04 – please see Attachment #1.  This request for additional monies was made necessary due to a miscommunication on the part of the selling vendor, Ohio Central Steel Company.

WHY ACTION IS NECESSARY:

Purchases exceeding $50,000 must be approved by the Board.  The initial cost of the machine was $81,564; and the addition of the freight could bring the total cost to $85,564.

WHAT ACTION ACCOMPLISHES:

Allows for the delivery of the machine to Lee County for use by DOT.  (#20050042-Transportation)

 

 

(b)

ACTION REQUESTED:

Award B-05-07 STATE ROAD 78 & I-75 HIGHWAY BEAUTIFICATION, for the Department of Transportation, to the lowest, responsive, responsible bidder meeting all bidding requirements, Big Tree, Inc., for a total not-to-exceed contract amount of $246,188.51, with a project completion time of 455 days.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Provides County with a Contractor for the installation of plant material and an underground irrigation system, including wells, pumps, electrical, directional boring and landscape and irrigation maintenance.  (#20050056-Transportation)

 

 

(c)

ACTION REQUESTED:

Award Professional Services Agreement for CN-04-15 DEL PRADO EXTENSION CORRIDOR STUDY US 41 to SR 31, to Inwood Consulting Engineers, for a Lump Sum contract amount of $469,429.36. This project has a completion time of 18 months from contract date.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

The Consultants will provide professional services for the project known as Del Prado Extension Corridor Study US 41 to SR 31 to evaluate the traffic needs and demand for a roadway corridor extending from US 41 and Del Prado Boulevard as the western terminus to East of I-75 as the eastern terminus to include the interchange with I-75 as identified in the Master plan adopted by FHWA and FDOT.  (#20050099-Transportation)

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Receive and consider a December 9, 2004 letter from the Alliance of Bridgeless Islands of Lee County, Inc. (“ABI-LEE”) that was approved by the Pine Island/Bridgeless Islands Citizens Liaison Committee for forwarding to the Board of County Commissioners with its support from its meeting of Wednesday, December 15, 2004, and place into the Board’s meeting minutes.

WHY ACTION IS NECESSARY:

The Pine Island/Bridgeless Islands Citizens Liaison Committee, upon a unanimous vote of the Committee at its December 15, 2004 meeting, requested that the December 9, 2004 ABI-LEE letter be formally presented to the Board at a regular meeting and be taken into consideration with respect to any future planning for property acquisition for water access in Lee County.

WHAT ACTION ACCOMPLISHES:

Formal acceptance of information from the Pine Island/Bridgeless Islands Citizens Liaison Committee.  (#20050095-County Attorney)

 

 

(b)

ACTION REQUESTED:

Direct a non-emergency ordinance authorizing the Verandah West Community Development District to amend LCO 02-13 to modify the District’s external boundary to public hearing on February 22, 2005 at 9:30a.m.

WHY ACTION IS NECESSARY:

The Verandah West Community Development District has petitioned the Board to conduct a hearing to adopt an ordinance authorizing the District to modify the District’s boundary in accordance with F.S. § 190.046.

WHAT ACTION ACCOMPLISHES:

Allows response to the District’s petition for boundary modification by providing a forum to evaluate the appropriateness of the requests.  (#20050109-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).  (#20050077-Clerk of Courts)

 

 

(b)

ACTION REQUESTED:

Approve payment of delinquent tax overbid claim-McNeilly III.

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.  (#20050084-Clerk of Courts)

 

 

ADMINISTRATIVE AGENDA

February 8, 2005

 

1.

COUNTY ADMINISTRATION

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Approve the purchase of Parcel 243, located in Greenbriar Swamp Preserve in Section 5, Township 44 South, Range 27 East, for the Conservation 2020 Land Acquisition Program, Project No. 8800, in the amount of $17,650, pursuant to the terms and conditions as set forth in the Agreement for Purchase and Sale of Real Estate; authorize the Chairman on behalf of the Board of County Commissioners to sign the purchase agreement; authorize payment of necessary fees and costs to close; authorize the Division of County Lands to handle and accept all documentation necessary to complete the transaction.

WHY ACTION IS NECESSARY:

The Board must formally accept all real estate conveyances to Lee County.

WHAT ACTION ACCOMPLISHES:

The acquisition of one of the properties recommended by the Conservation Land Acquisition and Stewardship Advisory Committee (CLASAC) and approved for acquisition on Blue Sheet No. 20040616 for the Conservation 2020 Program.  (#20041714-County Lands)

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Request BOCC approve the establishment of two full-time Engineer Technician II positions related to driveway/utility permits for the Department of Transportation.  Also, approve budget amendment resolution in the Transportation Trust Fund in the amount of $265,000.

WHY ACTION IS NECESSARY:

New position request requires BOCC approval.

WHAT ACTION ACCOMPLISHES:

Allows DOT to hire additional personnel to meet the increasing residential and commercial permitting inspections.  (#20050036-Transportation)

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

 

 

CONVENE AS BOARD OF PORT COMMISSIONERS

 

 

(a)

ACTION REQUESTED:

Request Board accept a state grant by adopting a Resolution authorizing the execution of a Joint Participation Agreement (FM #418774-1-94-01) between the Florida Department of Transportation and the Lee County Port Authority providing $183,666 for repairs associated with hurricane damage at Page Field General Aviation Airport.  (Port Authority)

 

 

RECONVENE AS BOARD OF COUNTY COMMISSIONERS
 

15.

CONSTITUTIONAL OFFICERS

 

 

WALK ON AGENDA

February 08, 2005

 

Walk On

 

ACTION REQUESTED:
Authorize the Chairman to sign documents for the Florida Housing Finance Corporation Application of the HOME Again funds in the amount of $300,000.  These HOME funds will be used to rehabilitate homes meeting the HOME criteria that were damaged by the hurricanes.

WHY ACTION IS NECESSARY:
Authorizes the Chairman to sign documents for the submission of the HOME Again application.

WHAT ACTION ACCOMPLISHES:
Allows the Department of Human Services to apply for hurricane funding relief.  (#20050162-Human Services)

 

(#2)

Walk On
 

ACTION REQUESTED:
Provide direction to County staff concerning certain terms and conditions of settlements as proposed by the City of Sanibel for case number 04-134-CA-H.

WHY ACTION IS NECESSARY:
All settlements of litigation must be approved by the Board of County Commissioners.

WHAT ACTION ACCOMPLISHES:
Provides Board direction concerning certain terms and conditions as set out in a proposed settlement agreement for the "Sanibel Litigation".
 


PUBLIC AGENDA

February 8, 2005

 

5:00 PM

(#1)

Public Hearing

 

ACTION REQUESTED:

Conduct a Public Hearing to adopt a Resolution on Petition to Vacate the Public’s Interest in a portion of the platted Right-of-Way of Dean Street adjacent to a residential lot located on 4991 Dean St., Fort Myers, Florida  (Case No. VAC2005-00066)

WHY ACTION IS NECESSARY:

To allow the property owner to convey title to the existing single-family residence on the subject parcel.  Due to a construction error, which occurred when the home was constructed in 1958, a portion of the existing structure is located within the road right-of-way.  The vacation of this portion of right-of-way will not alter traffic or drainage conditions and the right-of-way is not necessary to accommodate any future traffic or drainage requirement.

WHAT ACTION ACCOMPLISHES:

Vacates the right-of-way.  (S9-T44S-R25E)  (#2)  (#20050069-Development Services)

 

(#2)

Public Hearing

 

ACTION REQUESTED:

Conduct a Public Hearing to adopt a Resolution on Petition to Vacate portions of the existing right-of-way of Treeline Avenue, located north of Daniels Parkway and south of Sun City (Pelican Preserve), Fort Myers, Florida  (Case No. VAC2004-00051)

WHY ACTION IS NECESSARY:

Establishes an alternative alignment for Treeline Avenue and provides for design, permitting and construction of the roadway and utility improvements by Worthington under the direction/supervision of Lee County.  The vacation of these rights-of-way will not alter traffic or drainage conditions and the rights-of-way are not necessary to accommodate any future traffic or drainage requirement.

WHAT ACTION ACCOMPLISHES:

Vacates the right-of-way. (S11 & 23-T45S-R25E)  (#5)  (#20050070-Development Services)

 

(#3)

Public Hearing

 

ACTION REQUESTED:

Conduct a Public Hearing and adopt a Resolution to Create the Briarcrest Sewer MSBU.  Approve Resolution of Intent to Reimburse.

WHY ACTION IS NECESSARY:

Public Hearing is a legal requirement in the consideration of the creation of a Municipal Services Benefit Unit.

WHAT ACTION ACCOMPLISHES:

Provides an opportunity of public input.  Satisfies the legal requirements of the Florida Statutes and County Ordinance to proceed with the acquisition and construction of an MSBU project.  (#20041430-MSTBU Services)

 

(#4)

Public Hearing

 

 

ACTION REQUESTED:

Conduct a Public Hearing and consider the adoption of an Ordinance to be known and cited as the “Lee County Grease Management” Ordinance.

WHY ACTION IS NECESSARY:

Board must formally adopt an Ordinance at a scheduled, advertised Public Hearing.

WHAT ACTION ACCOMPLISHES:

Implements regulatory requirements for a uniform Grease Management program for food service establishments discharging grease wastewater into the Lee County Utilities wastewater collection system.  (#20040331-County Attorney)  CONTINUED FROM 01-11-05

 

 

5:05 PM

Public Presentation of Matters by Citizens

 

 

Adjourn