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

 

 

August 23, 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

 

 

 

 

Presentations:

CP 1

 

·         

Women’s Equality Day Resolution

 

 

(Commissioner Janes-#20051150)

 

 

 

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

August 23, 2005 

 

1.

COUNTY ADMINISTRATION

 

 

(A)

ACTION REQUESTED/PURPOSE:

Approve the Interlocal Agreement for the Southwest Florida Job Training Consortium.

WHAT ACTION ACCOMPLISHES:

Allows continuation of the Southwest Florida Job Training Consortium.

MANAGEMENT RECOMMENDATION:

Recommend approval.  (#20051118-Economic Development)

 

2.

CONSTRUCTION AND DESIGN

 

 

(A)

ACTION REQUESTED/PURPOSE:

Approve lease with Equity One (Summerlin), Inc. for 3,500 s.f. of space at the Summerlin Square Shopping Center, 17105 San Carlos Blvd., Ft. Myers, Units F-3, F-4, F-5 and F-6, to be occupied by the Lee County Tax Collector’s office.  Lease will be for 3 years at an annual cost of  $46,101.72 for the first year and a 3% annual increase in the base rent for years 2 and 3.  There will be no additional charges for CAM.  Lease can be terminated by giving 6 months advance written notice.

WHAT ACTION ACCOMPLISHES:

Allows the Tax Collectors office to remain in the same location as they have been for the past 17 years.

MANAGEMENT RECOMMENDATION:

Approve.  (#20051092-Facilities Management)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Approve Budget Transfer from Tourist Development Beach Capital Improvement Fund Reserves in the amount of $400,000 to the Lynn Hall Pier Pilings Repair project and amend FY 04/05-08/09 CIP accordingly.

WHAT ACTION ACCOMPLISHES:

Provides funding to repair the pilings at Lynn Hall Pier.

MANAGEMENT RECOMMENDATION:

Staff recommends approval.  (20051123-Facilities Management)

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(A)

ACTION REQUESTED/PURPOSE:

1). Adopt a resolution adopting the 2005/2006 Lee County Hurricane Housing Recovery (HHR) Housing Assistance Plan and approve transmittal of the plan to the Florida Housing Finance Corporation.  2) Authorize the County Manager to make minor revisions that may be required for final state approval.

WHAT ACTION ACCOMPLISHES:

Approval will enable the County to receive up to $3.3 million in one-time hurricane recovery funds from the State Legislature through the Florida Housing Finance Corporation.
MANAGEMENT RECOMMENDATION:

Approve  (#20051132-Planning)

 

 

(B)

ACTION REQUESTED/PURPOSE:

1) Approve new Senior Planner position in the Division of Environmental Sciences, for the Department of Community Development to coordinate and review state wetland permits and activities.  2) Approve transfer of funds from MSTU-Reserves in the amount of $31,500 for vehicle and furniture and equipment needs.  FY04/05 salary costs will be absorbed by current budget.

WHAT ACTION ACCOMPLISHES:

Implements Board direction from June 6, 2005 Management and Planning Committee meeting.

MANAGEMENT RECOMMENDATION:

Approve.  (#20050949-Environmental Sciences)

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

 

(A)

ACTION REQUESTED/PURPOSE:

Approve Easement Purchase Agreement for acquisition of Parcel 1018, Imperial Street Widening Project No. 4060, in the amount of $1,000; authorize payment of costs to close; and authorize the Division of County Lands to handle all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

The Board avoids Eminent Domain.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested.  (#20051024-County Lands)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Approve Easement Purchase Agreement for acquisition of Parcel 1016, Imperial Street Widening Project No. 4060, in the amount of $1,000; authorize payment of costs to close; and authorize the Division of County Lands to handle all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

The Board avoids Eminent Domain.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested.  (#20051028-County Lands)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Authorize: (1) approval of Easement Purchase Agreement for acquisition of Parcel 609, Imperial Street Widening. Project 4060, in the amount of $1,000.00; (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 and grant time extension to close, if necessary.

WHAT ACTION ACCOMPLISHES:

Allows the County to proceed with the project without resorting to Eminent Domain proceedings.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested  (#20051034-County Lands)

 

 

(D)

ACTION REQUESTED/PURPOSE:

Approve Purchase Agreement for acquisition of Parcels 103, 104, 105, 106, 107, 109, 110, & 111, Three Oaks Parkway South Extension Project No. 4043, in the amount of $652,940; authorize payment of costs to close and the Division of County Lands to handle all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

Acquisition of parcels necessary for the Three Oaks Parkway South, Project 4043.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested.  (#20051057-County Lands)

 

 

(E)

ACTION REQUESTED/PURPOSE:

Approve Purchase Agreement for acquisition of Parcel 108, Three Oaks Parkway South Extension Project No. 4043, in the amount of $80,000; authorize payment of costs to close and the Division of County Lands to handle all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

Acquisition of parcel necessary for the Three Oaks Parkway South, Project 4043.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested.  (#20051059-County Lands)

 

 

(F)

ACTION REQUESTED/PURPOSE:

Approve Purchase Agreement for the acquisition of the property located at 2072 Victoria Avenue in the City of Fort Myers for shared use by the Lee County Veterans Services, Project No. 8987, and the Lee County Sheriff’s office, in the amount of $560,000, pursuant to the terms and conditions set forth in the Purchase Agreement; authorize payment of costs to close and the Division of County Lands to handle and accept all documentation necessary to complete this transaction.  Also approve budget transfer from Capital Improvement Fund Reserves in the amount of $604,000 to the Veterans Services Relocation project and amend FY 04/05 -08/09 CIP accordingly.

WHAT ACTION ACCOMPLISHES:

The purchase of the office space necessary for Lee County’s Veterans Services and Sheriff’s office.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested.  (#20051095-County Lands)

 

 

(G)

ACTION REQUESTED/PURPOSE:

Accept Quit-Claim Deed 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 benefited property owners.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested.  (#20051108-County Lands)

 

 

(H)

ACTION REQUESTED/PURPOSE:

Approve staff pursing, in concept only, with the Iona-McGregor Fire District, construction of a shared Public Safety complex to be located on County owned land in southwest Lee County, on Pine Ridge Road.

WHAT ACTION ACCOMPLISHES:

Board’s direction is necessary before staff time is expended.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested.  (#20051120-County Lands)

 

 

(I)

ACTION REQUESTED/PURPOSE:

Accept Quit-Claim Deed 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 benefited property owners.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested.  (#20051122-County Lands)

 

 

(J)

ACTION REQUESTED/PURPOSE:

Approve the award of Project # Q-050533 for Equipment Rental for Countywide use to the following pool of vendors meeting specifications: Rental City, Pantropic Power, Caloosa Tent & Rental, Neff Rental Inc., Taylor Rental, Ryder Transportation, Sunbelt Rentals Inc., Hertz Equipment Rental Corp., Acme Dynamics Inc. and United Rentals; at the rates listed in each vendor’s quotation.  This quotation is being awarded for an estimated amount of $150,000.00 annually.  The initial term of this quote is one year; also request authority to renew this quotation for four additional one-year periods, at the same terms and conditions, if in the best interest of the County, at the expiration of the original term.  Funding will be available from the individual department or division ‘s budget whom will be responsible for monitoring their individual expenditures.

WHAT ACTION ACCOMPLISHES:

To provide a consistent source of rental equipment especially during emergency situations.

MANAGEMENT RECOMMENDATION:

Approve as stated.  (#20051036-Purchasing)

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(A)

ACTION REQUESTED/PURPOSE:

Execute Amendment No. 3 to Project Agreement No. 65-4209-4-1630 between the United States Department of Agriculture, Natural Resources Conservation Service (NRCS) and Lee County for emergency watershed protection measures to relieve hazards and damages created by Hurricane Charley.

WHAT ACTION ACCOMPLISHES:

Extends contract completion date to November 30, 2005.

MANAGEMENT RECOMMENDATION:

Staff recommends approval.  (#20051133-Natural Resources)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Execute Amendment No. 1 to Contract No. OT040073 with South Florida Water Management District (SFWMD) for the Lee County Drainage Improvements Project.  Amendment No. 1 eliminates the Gator Slough-Yellow Fever Interconnect from the scope of work, reduces the District’s contribution by $125,000 and extends expiration date to February 1, 2006.  Approve Budget Transfer from SFWMD Drainage Improvements (Project 208583) to SFWMD Grant (Project 208534) in the amount of $300,000 and amend the FY04/05-08/09 CIP accordingly. ($125,000 in revenues and $175,000 in expenses).

WHAT ACTION ACCOMPLISHES:

Amends contract and CIP to more accurately depict SFWMD participation.

MANAGEMENT RECOMMENDATION:

Staff supports approval.  (#20051135-Natural Resources).

 

9.

TRANSPORTATION

 

10.

UTILITIES

 

 

(A)

ACTION REQUESTED/PURPOSE:

Approve construction of water main and gravity main extensions serving Majestic Fountains East to provide potable water service, fire protection and sanitary sewer service to this phase of the proposed multi-family residential development. This is a Developer Contributed asset project located along the north side of Kelly Road approximately ¼ mile west of San Carlos Blvd.

WHAT ACTION ACCOMPLISHES:

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

MANAGEMENT RECOMMENDATION:

Lee County Utilities requests that the County Manager’s office recommend approval of this item.  (#20051080-Utilities)

 

 

(B)

ACTION REQUESTED/PURPOSE:

1) Approve construction of reuse main extension serving Prentiss Pointe Condominiums; 2) authorize the Chairman, on behalf of the BOCC, to approve construction of one 2” diameter effluent reuse meter station by executing Exhibit A of the “Agreement for the Delivery and Use of Reclaimed Effluent Water” between Lee County and Prentiss Pointe Condominium Association, Incorporated; and, 3) approve recording of Agreement.  This is a Developer Contributed Asset and the project is located on the east side of Winkler Road approximately 350’ south of Summerlin Road.

WHAT ACTION ACCOMPLISHES:

Complies with the Lee County Utilities Operations Manual and provides adequate irrigation infrastructure.

MANAGEMENT RECOMMENDATION:

Lee County Utilities requests that the County Manager’s office recommend approval of this item.  (#20051088-Utilities)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Approve construction of water main and gravity main extensions serving Jasmine Bay at West Bay Club to provide potable water service, fire protection and sanitary sewer service to this proposed multi-family residential development This is a Developer Contributed asset project located along the west side of West Bay Boulevard, approximately 2,000’ north of William Road.

WHAT ACTION ACCOMPLISHES:

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

MANAGEMENT RECOMMENDATION:

Lee County Utilities requests that the County Manager’s office recommend approval of this item.  (#20051089-Utilities)

 

11.

PARKS AND RECREATION

 

12.

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  (#20051149-Clerk of Courts)

 

 

ADMINISTRATIVE AGENDA

August 23, 2005

 

1.

COUNTY ADMINISTRATION

 

2.

CONSTRUCTION AND DESIGN

 

 

(A)

ACTION REQUESTED/PURPOSE:

Consider options and provide staff direction concerning the Fisherman’s Coop property as it relates to public water access and a public land base for the Outer Island communities.

WHAT ACTION ACCOMPLISHES:

Provides staff with policy direction regarding the potential acquisition and use of the Coop property.

MANAGEMENT RECOMMENDATION:

Requires Board input and direction.  (#20051143-Construction and Design)

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

9.

TRANSPORTATION

 

 

(A)

ACTION REQUESTED/PURPOSE:

Approve Bid Waiver # W-050577 to waive the formal quotation procedure, and allow Lee County Toll Facilities to purchase coin vaults, as well as accessories and repairs for the Automatic Coin Machines from Ascom Transport Systems, Inc. A waiver has been requested because Ascom Transport Systems is the sole source for coin vaults that integrate with the rest of the electronic toll collection system.  Amount set aside is a not-to-exceed amount of $72,416. plus 10% for parts and accessory incidentals.

WHAT ACTION ACCOMPLISHES:

Allows Toll Facilities to purchase vaults and required parts, etc. on an as-needed basis in order to keep the automatic coin machines fully operational.

MANAGEMENT RECOMMENDATION:

Staff recommends approval of purchase.  (#20050972-Transportation)

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(A)

ACTION REQUESTED/PURPOSE:

Consider adoption of a Resolution expressing the County’s intent to re-join the Florida Governmental Utility Authority (“FGUA”).

WHAT ACTION ACCOMPLISHES:

Provides formal notice to the FGUA that the County intends to re-join the organization for the purpose of participating in the management and operations of the former Florida Water Utilities in Lehigh.

MANAGEMENT RECOMMENDATION:

Approve.  (#20051138-County Attorney)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Adopt a resolution amending the Merchants Crossing DRI Development Order to eliminate the obligation to provide fire fighting equipment.

WHAT ACTION ACCOMPLISHES:

Amends the DRI Development Order for Merchants Crossing DRI through an expedited process in accordance with Florida Statutes and the Lee County Lands Development Code.

MANAGEMENT RECOMMENDATION:

Approve  (#20050189-County Attorney)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS

 

 

WALK ON AGENDA
August 23, 2005
 

Walk On

 

ACTION REQUESTED/PURPOSE:
Approve after-the-fact purchases of services and equipment to rectify fire and water damage at the Lee County Constitutional Complex that occurred on June 13 and 14, 2005.  Approve purchases to Fireservice, Inc, 3dp and any other vendors as they arise for a not to exceed amount of $600,000.

WHAT ACTION ACCOMPLISHES:
Provides after-the-fact approval to vendors associated with repairing fire and water damage at the Lee County Constitutional Complex.

MANAGEMENT RECOMMENDATION:
Staff recommends approval.  (#20051167-Facilities Management)

REASON FOR WALK ON:
Walk on is due to the vendors needing payment for fire and water damage at the Lee County Constitutional Complex.

 


PUBLIC AGENDA

  August 23, 2005  

 

5:00 PM

#1

Public Hearing

 

ACTION REQUESTED/PURPOSE:

Conduct Public Hearing for Board to adopt and certify by Resolution, the Residential and Commercial Mandatory Solid Waste Collection and Disposal Annual Special Assessment Roll, Disposal Facilities Special Assessment Roll, and MSTU Tax Roll to the Lee County Tax Collector for collection for Fiscal Year 2005-2006.

WHAT ACTION ACCOMPLISHES:

Complies with Lee County Ordinances, Florida Administrative Code and Florida Statutes that provide for the uniform method of collection for non-ad valorem special assessments and MSTU millage by the Tax Collector.

MANAGEMENT RECOMMENDATION:

Adopt and certify by Resolution, the Residential and Commercial Solid Waste Annual Special Assessments Rolls and MSTU Tax Roll for fiscal year 2005-2006.  (#20050994-Solid Waste)

 

#2

Public Hearing

 

ACTION REQUESTED/PURPOSE:

Conduct a Public Hearing and consider the adoption of an Ordinance to be known as the “Lee County Garbage and Solid Waste Collection/Disposal Ordinance”.

WHAT ACTION ACCOMPLISHES:

Sets the Lee County Garbage and Solid Waste Collection/Disposal Ordinance for public hearing and adoption.

MANAGEMENT RECOMMENDATION:

Staff and County Attorney’s Office recommend approval.  (#20050985-Solid Waste)

 

#3

Public Hearing

 

ACTION REQUESTED/PURPOSE:

Conduct a public hearing to consider elimination of mass transit service on LeeTran Route 80-Metro Parkway.

WHAT ACTION ACCOMPLISHES:

Compliance with Administrative Code AC-11-15, which identifies route elimination as a major service reduction requiring a public hearing.  Meets Federal requirements for soliciting public comment regarding the proposed service reduction.

MANAGEMENT RECOMMENDATION:

Recommend public hearing be conducted in consideration of LeeTran Route 80 elimination.  (#20051125-Transit)

 

#4

Public Hearing

 

ACTION REQUESTED/PURPOSE:

Approval of a Resolution to create the San Carlos Drive Drainage and Curbing Municipal Service Benefit Unit and a Resolution to Reimburse.

WHAT ACTION ACCOMPLISHES:

Allows staff to set up a Municipal Taxing Benefit Unit to coordinate and manage a capital project to install drainage and curbs in the defined area.

MANAGEMENT RECOMMENDATION:

Approve  (#20050685-MSTBU Services)

 

5:05 PM

#1

Public Hearing

 

ACTION REQUESTED/PURPOSE:

Adopt an ordinance amending Lee County Land Development Code (LDC) Chapters 2, 6, 10, 14, 30, and 34 after conducting third public hearing.

WHAT ACTION ACCOMPLISHES:

Amends the LDC Chapters 2, 6, 10, 14, 30, and 34.

MANAGEMENT RECOMMENDATION:

Approve.  (#20050975-County Attorney)

 

#2

Public Hearing

 

ACTION REQUESTED/PURPOSE:

Adopt an ordinance amending Lee County Land Development Code (LDC) §34-1006 pertaining to airport noise zones after conducting second public hearing.

WHAT ACTION ACCOMPLISHES:

Amends the LDC to create two airport noise zones:  1. Airport Lands Zone.  This will consist of property within the airport boundary.  2. Noise Sensitive Zone.  This will consist of property between the airport lands boundary and the 60 DNL contour line identified on the attached Part 150 Map (2020 composite).

MANAGEMENT RECOMMENDATION:

Adopt proposed ordinance.  (#20051147-County Attorney)

 

5:05 PM

Public Presentation of Matters by Citizens

 

Adjourn