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District #1 Bob
Janes |
District #2 Douglas St. Cerny Chairman |
District #3 Ray
Judah
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District #4 Tammy Hall Vice Chair |
District #5 John E. Albion |
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Donald D. Stilwell, County Manager |
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David
M. Owen County Attorney |
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April 5, 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
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9:30
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Invocation: |
Pastor
David Pleasant |
Covenant
Community Ministries |
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Pledge
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Presentations: |
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(Commissioner
St. Cerny-#20050418) |
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(Commissioner
Hall-#20050419) |
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(Commissioner
Judah-#20050420) |
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(Human
Resources-#20050386) |
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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
to approve balance of items |
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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
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County
Attorney Items |
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Adjourn |
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April
5, 2005
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1. |
COUNTY ADMINISTRATION |
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ACTION REQUESTED/PURPOSE: Approve and authorize Chairman to execute an
interlocal agreement between Lee County and the City of Sanibel for the Lee
County Tourist Development Council Beach & Shoreline CIP project, Sanibel
Beach Parks Hurricane Charley Expenses. Approve budget transfer of $400,000
from TDC reserves and amend the FY 2004-05/2008-09 Capital Improvement Program budget accordingly. WHAT ACTION ACCOMPLISHES: Provides a mechanism to reimbursement the City of
Sanibel with TDC beach and shoreline capital improvement program funds. MANAGEMENT
RECOMMENDATION: Recommend approval. (#20050394-VCB) |
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2. |
CONSTRUCTION AND DESIGN |
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ACTION REQUESTED: Approve lease with Harry M. Lowell, Pinebrook Park
Complex, for 6,774 sq. ft. of space at Pinebrook Park Complex, 12995
Cleveland Avenue, Suite 171, to be utilized as the Sheriff’s Central District
Substation. Base rental cost will be
$13.05 per square foot or $88,400.70 per year with CAM cost of $2.95 per
square foot for the first year or $19,983.30. Base rental cost will increase by 4% per year. Lease will be for five years with one,
five-year renewal period. Lease can
be terminated by giving Lessor nine months written notice. Approve transfer from reserves in the
amount of $239,723 to cover the lease and janitorial costs for the balance of
the fiscal year and start-up costs that include data & phone systems,
furniture and renovations. Board must
approve all lease agreements. WHAT ACTION
ACCOMPLISHES: Allows the Sheriff’s Department to establish a
presence in the central Ft. Myers area where they have to respond to a large
amount of calls. MANAGEMENT RECOMMENDATION: Approve, based on the understanding (see attached
letter) that this still maintains the District Station philosophy, is being
done to better allocate existing resources, and new districts are
not contemplated.
(#20050250-Facilities Management) |
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ACTION REQUESTED/PURPOSE: Approve Addendum to the Construction Manager
Agreement for RFQ-04-02 CONSTRUCTION MANAGEMENT FOR EMERGENCY MEDICAL
SERVICES AND UTILITIES WAREHOUSE, with Gary Wilkes, Inc. (Contract 2789) to
include the Guaranteed Maximum Price (GMP) in the amount of $1,794,874.00
(includes 6% CM fee of $101,596.00).
This project was budgeted in the CIP and funds are available within
the budget. Additionally, 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 the suppliers of equipment
and/or materials as a cost/time saving measure. WHAT ACTION ACCOMPLISHES: Provides Construction
Management for the construction of a 20,000 square foot metal building system
warehouse to include, but not limited to site work, metal building
construction, mechanical, plumbing, electrical, fire protection and
landscaping. MANAGEMENT
RECOMMENDATION: (#20050352-Construction and Design) |
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3. |
COUNTY COMMISSIONERS |
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4. |
COMMUNITY DEVELOPMENT |
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ACTION
REQUESTED/PURPOSE: Accept a Petition to Vacate the 12-foot wide
Public Utility Easements located at 4300 Lee Blvd., Lehigh Acres, and adopt a
resolution, setting a Public Hearing for 5:00 PM on the 26th day
of April 2005. (Case No. VAC2005-00009). WHAT ACTION ACCOMPLISHES: To build a single commercial building site on the
combined four (4) lots. The vacation of this easement will not
alter existing utility conditions and the easement is not necessary to
accommodate any future utility requirements. MANAGEMENT RECOMMENDATION: N/A (S28-T44S-R26E) (#5)
(#20050374-Development Services) |
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5. |
HUMAN SERVICES |
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ACTION REQUESTED/PURPOSE: Approve and execute contracts with the Department
of Community Affairs, (DCA) and the Budget Resolution for the Weatherization
Assistance Program, (WAP), to establish funding for the Weatherization
Program for Fiscal year 2005. WHAT ACTION ACCOMPLISHES: Allows the Department of Human Services to accept
$22,064 for the weatherization of homes in Lee County. MANAGEMENT
RECOMMENDATION: Approve
(#20050365-Human Services) |
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6. |
INDEPENDENT |
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ACTION REQUESTED/PURPOSE: Take action on the Sunset recommendations for 35
Advisory Committees, Boards or Commissions of the Board of County
Commissioners pursuant to Administrative Code AC-2-3. WHAT ACTION ACCOMPLISHES: Completes the Sunset
review for 35 Advisory Committees, Boards or Commissions for the Board of
County Commissioners as required by Administrative Code AC-2-3. MANAGEMENT
RECOMMENDATION: Approve
(#20050373-Public Resources) |
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ACTION REQUESTED/PURPOSE: Accept by donation, a Quit Claim Deed for Part of
Strap No. 02-46-22-19-00000.0240 necessary for the Cherry/Blueberry Lanes
Special Improvement MSBU for maintenance of the existing roads and street
lighting; authorize the Division of County Lands to handle and accept all
documentation necessary; authorize payment of recording fees. Cherry and Blueberry Lanes are currently privately
owned roads and the County cannot initiate maintenance without a fee
interest. WHAT ACTION ACCOMPLISHES: Acquires right-of-way via Quit-Claim Deed by donation from benefited owner. MANAGEMENT
RECOMMENDATION: Management
recommends Board approve the Action Requested. (#20050404-County Lands) |
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ACTION REQUESTED/PURPOSE: Approve Change Order No. 2, under B-04-28 NE
HURRICANE BAY DREDGE, to Subaqueous Services, Inc., in the amount of
$110,960.00. This Change Order was
anticipated and funds are available within the budget. WHAT ACTION ACCOMPLISHES: Provides Lee County with a Contractor to perform
additional dredging services. MANAGEMENT RECOMMENDATION: Approve
(#20050410-MSTBU Services) |
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7. |
PUBLIC SAFETY |
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ACTION REQUESTED/PURPOSE: Request Board to accept grant monies from the Florida EMS County Award Grant Program and approve a budget resolution in the amount of $138,799.12. WHAT ACTION ACCOMPLISHES: Completes the application and agreement process
allowing Lee County to accept the EMS County Award Grant monies. The Board approved the grant application
on January 11, 2005. MANAGEMENT
RECOMMENDATION: Management recommends approval. (#20050387-EMS) |
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ACTION
REQUESTED/PURPOSE Authorize Chairman to sign award letter as an
amendment to the Emergency Management Preparedness and Assistance (EMPA) Base
Grant Agreement #05BG-04-09-46-01-209 with the Florida Department of
Community Affairs to increase contract by $55,492. Approve Budget Resolution to increase contract amount by
$55,329, which corrects original contract amount of $102,796 and brings total
contract amount to $158,288. WHAT ACTION ACCOMPLISHES: Provides additional funding to offset performing
work items required by or to be consistent with federal and state goals and
objectives. MANAGEMENT
RECOMMENDATION: Staff recommends
approval of request.
(#20050389-Emergency Management) |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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9. |
TRANSPORTATION |
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ACTION REQUESTED/PURPOSE: Approve a request for a License & Agreement to
Hold Lee County Harmless (“License”) to allow the placement of parking
in a portion of the County’s drainage easement on the south side of College
Parkway and authorize the Chairman to execute the License. Board approval is necessary to authorize
the License. WHAT ACTION ACCOMPLISHES: Authorizes a license to allow Park Central, LLC,
to place parking in a portion of the County’s drainage easement on the south
side of College Parkway at its property located at 8255/8267 College Parkway,
Fort Myers, Florida MANAGEMENT RECOMMENDATION: Approve (#20050351-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/PURPOSE: Authorize the County Attorney’s Office to
advertise and schedule a Public Hearing to amend County Ordinance 03-09,
False Alarm Ordinance. Suggested
Public Hearing date is April 26, 2005. WHAT ACTION ACCOMPLISHES: Board must formally adopt Ordinance at a
scheduled, advertised Public Hearing. MANAGEMENT
RECOMMENDATION: Approve
(#20050393-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/PURPOSE: Approve disbursements. WHAT ACTION ACCOMPLISHES: Florida
Statute Chapter 136.06(1) requires that all County disbursements be recorded
in the Minutes of the Board. Compliance with the requirements of FS
136.06(1). (#2005-Clerk of Courts) MANAGEMENT RECOMMENDATION: Approve
(#20050391-Clerk of Courts) |
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ACTION REQUESTED/PURPOSE: Approve payment for delinquent tax overbid
money-Estate of Gilpin. Pursuant to Florida
Statute 197. Lee County is to hold
unclaimed overbid funds from Delinquent Tax sales for a period of two years
on behalf of the original landowner. WHAT ACTION ACCOMPLISHES: The
Clerk has received a verified claim of these funds and requests that you
release them to the claimant. MANAGEMENT
RECOMMENDATION:
Approve (#20050409-Clerk of Courts) |
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ACTION REQUESTED/PURPOSE: Approve payment for delinquent tax overbid
money-Estate of Hancock. Pursuant to Florida
Statute 197. Lee County is to hold
unclaimed overbid funds from Delinquent Tax sales for a period of two years
on behalf of the original landowner. WHAT ACTION ACCOMPLISHES: The
Clerk has received a verified claim of these funds and requests that you
release them to the claimant. MANAGEMENT
RECOMMENDATION: Approve (#20050414-Clerk of Courts) |
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ACTION
REQUESTED/PURPOSE:
To
Deed property back to original owner. WHAT
ACTION ACCOMPLISHES: Restore
property back to original owner. MANAGEMENT
RECOMMENDATION: Approve (#20050415-Clerk of Courts) |
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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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7. |
PUBLIC SAFETY |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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9. |
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/PURPOSE: Make a proposal for settlement in case of Lee
County v. Romanoff, Case No. 02-3110-CA. WHAT ACTION ACCOMPLISHES: Makes a proposal for settlement to the property
owners in this eminent domain case in the amount of $375,000 to settle the
claim for compensation. MANAGEMENT
RECOMMENDATION: County attorney
recommends approval.
(#20050407-County Attorney) |
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ACTION REQUESTED/PURPOSE: Approve settlement in Lee County v. Southeast
Episcopal Diocese of the Word of Faith, Inc., Case No. 05CA-80-I. WHAT ACTION ACCOMPLISHES: Settles this condemnation case for $1,500 plus
$165 attorney fees. MANAGEMENT
RECOMMENDATION: County attorney
recommends approval.
(#20050411-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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Walk On |
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ACTION REQUESTED/PURPOSE: Provide direction to County staff with respect to options for the construction of the “Alico 3” Seminole Gulf Railway (“SGLR”) Crossings as part of the Lee County Alico Road Widening Project. WHAT ACTION ACCOMPLISHES: Provides direction to staff for proceeding with the “Alico 3” SGLR Crossings associated with the Alico Road Widening Project. MANAGEMENT RECOMMENDATION: Withdraw the “Petition for Review” of the Surface Transportation Board decision of Novemver 17, 2004 and enter into discussions with the Seminole Gulf Railway for completion of the “Alico 3” Crossings on Alico Road. (#20050455-County Attorney) REASON
FOR WALK ON: |
| Walk On | |
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ACTION REQUESTED/PURPOSE: Direct county staff to negotiate interlocal agreements with the cities relative to each parties’ rights and responsibilities in future proposed annexations, with a target completion date of six months. WHAT ACTION ACCOMPLISHES: Standing interlocal agreements will better delineate the counties’ and cities’ responsibilities when annexations are proposed, including impact on urban services, and impact on the provision and quality of public services for the citizens inside and outside of the proposed annexed areas. Such agreements should also determine the responsibilities in achieving desired outcomes for any county natural systems included within a proposed annexed area. MANAGEMENT RECOMMENDATION: Approve per Board direction, potentially utilizing the assistance of a third party mediator, regional planning council or metropolitan planning organization. (#20050466-Smart Growth) REASON FOR WALK ON: BOCC direction. |
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ACTION REQUESTED/PURPOSE: Allow for a 30-minute presentation by the South Florida Water Management District (SFWMD). The presentation will be heard immediately following the regularly scheduled Board meeting. WHAT ACTION ACCOMPLISHES: To inform the Board of County Commissioners on some of the water management issues surrounding the Caloosahatchee River (C-43). MANAGEMENT RECOMMENDATION:
N/A
(#20050467-County Manager) |