District #1Bob
Janes |
District #2 Douglas St. Cerny Chairman |
District #3 Ray
Judah
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District #4 Tammy Hall Vice Chair
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District #5 John E. Albion |
Donald D. Stilwell, County Manager |
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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
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Invocation: |
Pastor
Richard Cecil |
The
Father’s House |
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Pledge
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Recap |
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Public
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Items
to be pulled for discussion by the Board |
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Motion
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Consideration
of items pulled for discussion |
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Walk-ons
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Commissioners'
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County
Manager Items |
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County
Attorney Items |
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Adjourn until 5:00 PM |
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February
8, 2005
1. |
COUNTY
ADMINISTRATION |
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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) |
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2. |
CONSTRUCTION
AND DESIGN |
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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) |
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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) |
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3. |
COUNTY
COMMISSIONERS |
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4. |
COMMUNITY
DEVELOPMENT |
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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) |
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5. |
HUMAN
SERVICES |
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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) |
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6. |
INDEPENDENT |
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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) |
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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) |
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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) |
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7. |
PUBLIC
SAFETY |
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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) |
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8. |
SOLID
WASTE-NATURAL RESOURCES |
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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) |
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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) |
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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) |
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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) |
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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) |
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9. |
TRANSPORTATION |
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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) |
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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) |
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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) |
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10. |
UTILITIES |
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11. |
PARKS AND
RECREATION |
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12. |
COUNTY
ATTORNEY |
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ACTION
REQUESTED: 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) |
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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) |
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13. |
HEARING
EXAMINER |
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14. |
PORT
AUTHORITY |
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15. |
CONSTITUTIONAL
OFFICERS |
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ACTION REQUESTED: 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) |
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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) |
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February 8, 2005
1. |
COUNTY
ADMINISTRATION |
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2. |
CONSTRUCTION
AND DESIGN |
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3. |
COUNTY
COMMISSIONERS |
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4. |
COMMUNITY
DEVELOPMENT |
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5. |
HUMAN
SERVICES |
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6. |
INDEPENDENT |
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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) |
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7. |
PUBLIC
SAFETY |
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8. |
SOLID
WASTE-NATURAL RESOURCES |
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9. |
TRANSPORTATION |
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ACTION
REQUESTED: 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) |
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10. |
UTILITIES |
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11. |
PARKS AND
RECREATION |
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12. |
COUNTY
ATTORNEY |
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13. |
HEARING
EXAMINER |
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14. |
PORT
AUTHORITY |
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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 |
February 08, 2005
Walk On |
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ACTION REQUESTED:
WHY ACTION IS NECESSARY:
WHAT ACTION ACCOMPLISHES:
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Walk On | |
ACTION REQUESTED:
WHY ACTION IS NECESSARY:
WHAT ACTION ACCOMPLISHES: |
5:00 PM |
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(#1) |
Public
Hearing
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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) |
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(#2) |
Public Hearing |
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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) |
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(#3) |
Public Hearing |
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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) |
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(#4) |
Public Hearing |
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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 |
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5:05 PM |
Public Presentation of Matters by Citizens |
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Adjourn |
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