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

 

 

May 17, 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 Robert E. Williams

Caring Ministries Fellowship

 

 

 

 

Pledge of Allegiance

 

 

 

 

Presentations:

 

 

·         

Kent Crappell Appreciation Resolution

 

 

(Commissioner St. Cerny-#20050625)

 

 

·         

National Public Works Week Resolution

 

 

(Commissioner Judah-#20050632)

 

 

·         

EMS Week Resolution

 

 

(Commissioner St. Cerny-#20050463)

 

 

·         

Safe Boating Week Resolution

 

 

(Commissioner Hall-#20050634)

 

 

 

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


CONSENT AGENDA

May 17, 2005 

 

1.

COUNTY ADMINISTRATION

 

 

(A)

ACTION REQUESTED/PURPOSE:

Cancel all Board of County Commissioners meetings in the month of July, including Management & Planning and Zoning hearings (July 4th through 29th).

WHAT ACTION ACCOMPLISHES:

The Board of County Commissioners traditionally takes its summer recess in July due to the July 4th holiday, National Association of Counties annual conference, and scheduled summer vacations.

MANAGEMENT RECOMMENDATION:

Approve.  (#20050626-County Manager)

 

2.

CONSTRUCTION AND DESIGN

 

 

(A)

ACTION REQUESTED/PURPOSE:

Approve Budget Amendment Resolution in the amount of $8,787 for a contribution from the City of Bonita Springs and approve Budget Transfer from Regional Park Impact Fees in the amount of $41,213 and amend FY 04/05- 08/09 CIP by increasing Lovers Key Roadside Park project by $50,000.

WHAT ACTION ACCOMPLISHES:

Provides additional budget to the Lovers Key Roadside Park project to enhance the drainage and complete the project.

MANAGEMENT RECOMMENDATION:

Staff recommends approval.  (#20050595-Construction and Design)

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(A)

ACTION REQUESTED/PURPOSE:

Authorize an extension, from May 30, 2005, to June 30, 2005, for three contracts C-2385, C-2732 and C-2899 between the Board of County Commissioners and Lee County Housing Development Corp. (LCHDC)

WHAT ACTION ACCOMPLISHES:

These contract extensions are technical in nature and will allow for more time for LCHDC to complete its contractual obligations to the county.

MANAGEMENT RECOMMENDATION:

Authorize extensions  (#20050616-Planning)

 

5.

HUMAN SERVICES

 

 

(A)

ACTION REQUESTED/PURPOSE:

Authorize the Department of Human Services to apply for the Substance Abuse and Mental Health Services Administration (SAMHSA) Targeted Capacity Expansion Grant for Jail Diversion Programs.  Authorize Board Chairman to sign the grant application and certifications.  Authorize Board Chairman to sign Memorandums of Understanding and Agreement with partnering public and non-profit entities.

WHAT ACTION ACCOMPLISHES:

Authorizes the Department of Human Services to submit the application in accordance with SAMHSA guidelines which require signed certifications and executed Memorandums of Understanding and Agreement with partnering organizations for the application

MANAGEMENT RECOMMENDATION:

Authorize Human Services to apply for the SAMHSA grant.  (#20050618-Human Services)

 

6.

INDEPENDENT

 

 

(A)

ACTION REQUESTED/PURPOSE:

Authorize the Director of County Lands to approve increases to previously approved binding offers by the Board for the Gunnery Road Widening Project No. 4055. The increases may not be greater than $3,000 above the original appraised values. Also, authorize Chairman, on behalf of the Board, to sign the Purchase Agreements; and authorize the Division of County Lands to handle and accept all documentation necessary to complete transactions and grant an extension to close, if necessary.

WHAT ACTION ACCOMPLISHES:

Allows the County to proceed with the project without resorting to Eminent Domain proceedings, and saves Board and staff time in finalizing settlements and closings.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested.  (#20050538-County Lands)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Accept four Quit-Claim Deeds for right-of-way necessary for the Dewberry Lane Special Improvement MSBU for maintenance of existing roads and streetlights; authorize the Division of County Lands to handle and accept all documentation necessary; authorize payment of recording fees.

WHAT ACTION ACCOMPLISHES:

Acquisition of right-of-way via Quit-Claim Deeds from benefitted property owners.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested.  (#20050583-County Lands)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Approve the electronic submission of the Federal Transit Administration Section 5307 Urbanized Area Formula grant application # FL-90-X532 in the amount of $1,984,659 and the accompanying resolution.  Upon approval of the application by the FTA, authorize the Chairman to execute the grant agreement.

WHAT ACTION ACCOMPLISHES:

Allows LeeTran to receive the balance of Section 5307 funding awarded in FY 2003 and $120,000 of FY 2003 Section 5307 funding awarded to the Bonita Springs-Naples UZA and allocated to Lee County by Collier County.

MANAGEMENT RECOMMENDATION:

Recommend approval of the grant application and authorizing resolution.  (#20050600-Transit)

 

 

(D)

ACTION REQUESTED/PURPOSE:

Approve the electronic submission of a Section 5309 Special Funding Allocation grant application to the Federal Transit Administration and the accompanying resolution.  Upon approval of the application by the Federal Transit Administration, authorize the Chairman to execute the grant agreement.

WHAT ACTION ACCOMPLISHES:

Allows LeeTran to submit the application necessary to receive the Funding Earmark awarded.  This will enable LeeTran to receive $1,524,702 in grant funds which will be soft - matched with $381,176 in toll revenue credits and a $54,000 cash match.

MANAGEMENT RECOMMENDATION:

Recommend approval of the grant application and authorizing resolution.  (#20050601-Transit)

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(A)

ACTION REQUESTED/PURPOSE:

Concur with the ranking of Consultants by the Competitive Negotiations Committee for CN-05-07 CONTRACTED LAB SERVICES, in the following order of ranking, and authorize contract negotiations to commence with the two number-one ranked firms: (1) ELAB, Inc.; (1) Southern Analytical Laboratories; (2) Harbor Branch Environmental Labs; (2) US Biosystems, Inc. This project was in the CIP and funds are available within the budget.

WHAT ACTION ACCOMPLISHES:

Provides Lee County with professional services for the project known as Contracted Lab Services. This includes:  Providing analytical laboratory testing on a variety of samples matrices, provide sample containers and result submittal.

MANAGEMENT RECOMMENDATION:

Staff recommends approval.  (#20050587-Natural Resources)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Execute temporary easement granting the Captiva Erosion Prevention District (CEPD) permission to enter onto Bowman’s and Turner Beaches for the purposes of beach renourishment and associated permit required activities until May 1, 2008.

WHAT ACTION ACCOMPLISHES:

Provides legal access to CEPD and their contractors for the purpose of completing the beach renourishment project on Captiva and northern Sanibel Islands.

MANAGEMENT RECOMMENDATION:

Staff recommends approval.  (#20050594-Natural Resources)

 

9.

TRANSPORTATION

 

 

(A)

ACTION REQUESTED/PURPOSE:

Approve two Amendments to the Joint Project Agreements (JPA) with the FDOT for Caloosahatchee River Crossings Incident Management System (IMS) projects in the amount of $14,381.37.  Also, approve authorizing a resolution for the Chairman to execute these Amendments.

WHAT ACTION ACCOMPLISHES:

Amends the JPA’s for the two (2) Caloosahatchee River Crossings (IMS) projects and provides the additional funding required for completion of the Deign-Build Criteria Package.

MANAGEMENT RECOMMENDATION:

Staff recommends approval.  (#20050516-Transportation)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Approval to remove accounts receivable balances considered to be inactive and uncollectible for Public Works/Community Development:  Department of Transportation, $17,507.89, and Community Development, $530.

WHAT ACTION ACCOMPLISHES:

Annual reduction of accounts receivable balances by the accounts identified as uncollectible.  Uncollectibles result when customers’ bills remain unpaid for various reasons.

MANAGEMENT RECOMMENDATION:

Approve  (#20050617-Transportation)

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

 

(A)

ACTION REQUESTED/PURPOSE:

Approve and execute Funding and Reimbursement Agreement between Lee County and the Friends of Matanzas Pass Preserve in the amount of $20,250 for the completion of the project “Matanzas Pass Preserve Canopy and Native Plant Restoration Project”.

WHAT ACTION ACCOMPLISHES:

Enables the Friends to proceed with a grant award from the Charlotte Harbor National Estuary Program (CHNEP) through the Southwest Florida Regional Planning Council (SWFRPC).

MANAGEMENT RECOMMENDATION:

Allows the Friends to expend funds on a reimbursement basis with Lee County staff and Friends’ volunteers providing an in-kind match.  (#20050561-Parks and Recreation)

 

12.

COUNTY ATTORNEY

 

 

(A)

ACTION REQUESTED/PURPOSE:

Adopt by Resolution Lee County Administrative Code 12-6 pertaining to Categories of contractor Certificates of Competency Available Through Application to the Construction Licensing Board as amended to reinstate the Sign Contractor – Limited Certificate category.

WHAT ACTION ACCOMPLISHES:

Reinstates the Sign Contractor - Limited Certificate of Competency in Lee County.

MANAGEMENT RECOMMENDATION:

Approve  (#20050535-County Attorney)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Direct to public hearing on June 14, 2005 at 9:30 a.m., or as soon thereafter as it may be heard,  a non-emergency resolution in support of expansion of the Arborwood Community Development District (“District”) boundaries by the Florida Land and Water Adjudicatory Commission (“FLAWAC”).

WHAT ACTION ACCOMPLISHES:

Supports the expansion of an independent special district.

MANAGEMENT RECOMMENDATION:

Approve.  (#20050620-County Attorney)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Adopt resolution acknowledging and offering no objection to the transfer of ownership and control of Pelican Nest Drive from the Bay Creek Community Development District to the Pelican Landing Community Association, Inc.

WHAT ACTION ACCOMPLISHES:

Confirms that Lee County does not have an interest in the Pelican Nest Drive west of the existing gatehouse, thereby allowing for the transfer of ownership and control to the property owners’ association.

MANAGEMENT RECOMMENDATION:

County Staff supports the resolution.  (#20050624-County Attorney)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS

 

 

(A)

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).

MANAGEMENT RECOMMENDATION:

Approve  (#20050596-Clerk of Courts)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant-Estate of Ronald B. Harris.  Pursuant to Florida Statute 197 the Board is to hold unclaimed overbid funds from Delinquent Tax sales for a period of two years on behalf of the original land owner.

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  (#20050602-Clerk of Courts)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant-Prime Intercoastal Group.  Pursuant to Florida Statute 197 the Board is to hold unclaimed overbid funds from Delinquent Tax sales for a period of two years on behalf of the original land owner.

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  (#20050636-Clerk of Courts)

 

 

(D)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant-Tradewinds Title, Inc.  Pursuant to Florida Statute 197 the Board is to hold unclaimed overbid funds from Delinquent Tax sales for a period of two years on behalf of the original land owner.

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  (#20050637-Clerk of Courts)

 

 

ADMINISTRATIVE AGENDA

May 17, 2005 

 

1.

COUNTY ADMINISTRATION

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(A)

ACTION REQUESTED/PURPOSE:

Adopt revisions to Administrative Codes 13-1 and 13-8 to streamline the process for Petitions to Vacate.  Adopt a Resolution to amend AC-13-1 and AC-13-8.

WHAT ACTION ACCOMPLISHES:

Reduces the steps in scheduling Public Hearings and sets the Public Hearings for 9:30 a.m. instead of at 5:00 p.m.

MANAGEMENT RECOMMENDATION:

Approve  (#20050544-Development Services)

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(A)

ACTION REQUESTED/PURPOSE:

Waive formal procurement procedures and approve and authorize the Chairman to sign a Definitive Agreement between Lee County and Covanta Energy, Inc, the current operator of the County Waste to Energy facility, providing for the costs and responsibilities of the Parties for Engineering Oversight, Construction Management and Start-Up of the Waste to Energy Third Unit Expansion Project.

WHAT ACTION ACCOMPLISHES:

Establishes a formal agreement providing the roles, costs, and responsibilities for the County and Covanta Energy, Inc. for the design, construction, and start-up of the Waste to Energy Expansion Project.  This Definitive Agreement was developed pursuant to the Memorandum of Understanding (MOU) previously approved by the BOCC.

MANAGEMENT RECOMMENDATION:

Staff recommends approval.  (#20050628-Solid Waste)

 

9.

TRANSPORTATION

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(A)

ACTION REQUESTED/PURPOSE:

Approve the Resolution of Necessity for the acquisition and condemnation of parcel required for the San Carlos Bay/Bunche Beach Preserve Project.  Approve a budget transfer from Regional Impact Fee reserves in the amount of $618,887 and a budget transfer from Florida Forever project in the amount of $481,113 to San Carlos Bay/Bunche Beach Preserve Project.  Amend the FY 04-05/08-09 CIP accordingly.

WHAT ACTION ACCOMPLISHES:

Allows the County to proceed with condemnation, if necessary, so parcel can be acquired for the San Carlos Bay/Bunche Beach Preserve Project, No. 202035.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the action requested.  (#20050614-County Attorney)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

 

Text Box: CONVENE AS BOARD OF PORT COMMISSIONERS
 

 

 

 


(A)

ACTION REQUESTED/PURPOSE:

Request Board approval of arbitrage rebate payment on the Airport Revenue Bonds, Series 2000A and B and authorize the Board Chairman to execute IRS Form 8038-T, Arbitrage Rebate and Penalty in Lieu of Arbitrage Reabte.  (Port Authority)

 

 

Text Box: RECONVENE AS BOARD OF COUNTY COMMISSIONERS
 



15.

CONSTITUTIONAL OFFICERS

 

 
 

WALK ON AGENDA
May 17, 2005
 

(#1)

Walk On

 

ACTION REQUESTED/PURPOSE:
Approve a Third Amendment to the Interim Development Agreement, between Covanta, Inc. and Lee County, for the construction of the Waste-to-Energy (WTE) Facility Expansion Project.

WHAT ACTION ACCOMPLISHES:
Revises the date for completion of the Definitive Agreement between the Parties from May 17, 2005.

MANAGEMENT RECOMMENDATION:
Staff recommends approval of this Third Amendment.  (#20050700-Solid Waste)

REASON FOR WALK ON:
The date of May 17, 2005, is noted on the Interim Development Agreement, between Covanta, Inc. and Lee County, as the final date to be used for developing the Definitive Agreement between the two parties.  It is necessary to approve the extension of this date for the Definitive Agreement to be timely finalized.