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

 

 

September 6, 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 E. Riley

Emmanuel Baptist Church

 

 

 

 

Pledge of Allegiance

 

 

 

 

Presentations:

CP 1

 

·         

Present Industry Appreciation Week Resolution

(Commissioner Albion - #20051207)

 

 

 

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

 

 

9:30 AM

Public Hearings

 

 

PH 1

ACTION REQUESTED/PURPOSE:

Conduct a Public Hearing to adopt a Resolution on Petition to Vacate a 12-foot wide Public Utility Easement located at 913 Asther St. E., Lehigh Acres  (Case No. VAC2005-00025).

WHAT ACTION ACCOMPLISHES:

To build a single-family residence on the combined 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:

Approve (S2, T45S, R27E) (5) (#20051002-Development Services)
 

PH 2

ACTION REQUESTED/PURPOSE:

Conduct a Public Hearing to adopt a Resolution on Petition to Vacate a portion of a 12-foot wide Drainage and Public Utility Easement located at 197 Ocean Park Dr., Lehigh Acres  (Case No. VAC2005-00021).

WHAT ACTION ACCOMPLISHES:

To construct a single-family home on the combined 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.

MANAGEMENT RECOMMENDATION:

Approve  (S3, T44S, R27E) (5) (#20051012-Development Services)
 

PH 3

ACTION REQUESTED/PURPOSE:

Conduct a Public Hearing to adopt a Resolution on Petition to Vacate a 12-foot wide Public Utility Easement located at 3910 21st St. SW, Lehigh Acres  (Case No. VAC2005-00028).

WHAT ACTION ACCOMPLISHES:

To build a single-family residence on the combined 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:

Approve   (S3, T45S, R26E) (5) (#20051068-Development Services)
 

 

Adjourn


CONSENT AGENDA

September 6, 2005 

 

1.

COUNTY ADMINISTRATION

 

 

(A)

ACTION REQUESTED/PURPOSE:

Approve resolution for LC 05-07-01, as a qualified applicant for the state Qualified Target Industry Tax Refund Program (QTI) as recommended by the Lee County Industrial Development Authority (IDA).

WHAT ACTION ACCOMPLISHES:

State law requires Lee County to demonstrate 20% local match support for the application.

MANAGEMENT RECOMMENDATION:

Recommend approval.  (#20051195-Economic Development)

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

5.

HUMAN SERVICES

 

 

(A)

ACTION REQUESTED/PURPOSE:

(1) Approve and execute contracts with the Department of Community Affairs, (DCA) and the Budget Resolution for the Weatherization Assistance Program, (WAP/LIHEAP), to establish funding for the Weatherization Program for contract period September 30, 2005 to March 31, 2007.  Though the contract must take effect in September, the Budget Resolution is for FY05-06, beginning October 1, 2005.

WHAT ACTION ACCOMPLISHES:

Allows the Department of Human Services to accept $45,641 for the weatherization of homes in Lee County.

MANAGEMENT RECOMMENDATION:

Approve contract renewal  (#20051188-Human Services

 

6.

INDEPENDENT

 

 

(A)

ACTION REQUESTED/PURPOSE:

Grant three 10 foot wide by 50 foot long Perpetual Utility Easements to Florida Power & Light Company, pursuant to the terms and conditions as set forth in the Easement; authorize the Division of County Lands to handle and accept all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

Provides for an underground, electrical power line connection between Bella Terra and an existing Florida Power & Light Company easement.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested.  (#20050860-County Lands)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Authorize: 1) the Division of County Lands to make a binding offer to property owner in the amount of $305,000 for Parcels 330, 331, 331RW, 330SDE and 331SDE, Three Oaks Extension Project No. 4043, pursuant to the Purchase Agreement; 2) the Division of County Lands to handle and accept all documentation necessary to complete transaction; 3) authorize payment of costs to close.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested  (#20051129-County Lands)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Approve Purchase Agreement for acquisition of Parcel 341-RW Three Oaks Parkway South Extension Project No. 4043, in the amount of $3,250; authorize payment of costs to close and 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.  (#20051145-County Lands)

 

 

(D)

ACTION REQUESTED/PURPOSE:

Approve Purchase Agreement for the acquisition of the property located at 6551 Rat Road, Bokeelia, in the amount of $19,000, for the Harbor Drive MSBU Project No.805028, 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.

WHAT ACTION ACCOMPLISHES:

The purchase of road right-of-way necessary for the Harbor Drive Paving MSBU.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested.  (#20051163-County Lands)

 

 

(E)

ACTION REQUESTED/PURPOSE:

Authorize: 1) approval of Agreement for Purchase and Sale of Real Estate in Lieu of Condemnation Proceedings for acquisition of Parcel 306, Imperial Street Widening Project No. 4060, in the amount of $216,000 plus Seller's attorney fees and expert fees; 2) Chairman, on behalf of the Board, to sign the Purchase Agreement; 3) payment of costs and fees to close; and 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 regarding this parcel.

MANAGEMENT RECOMMENDATION:

Management recommends Board approve the Action Requested  (#20051194-County Lands)

 

7.

PUBLIC SAFETY

 

 

(A)

ACTION REQUESTED/PURPOSE:

Approve award of Formal Quotation No. Q-050538 Annual Purchase of Medical Grade Oxygen for Public Safety/E.M.S., to the low quoter meeting specifications, Praxair Distribution SE LLC,  as listed on the attached Lee County Tabulation Sheet.  The initial term of this quote is one year; also request authority to renew this quote for four additional one-year periods, at the same terms and conditions, if in the best interest of Lee County; and to exercise the price escalator clause as per the specifications on an as-needed basis. In the event that the low quoter is unable to establish the effectiveness of their product, request the Purchasing Director be given authority to act on behalf of the Board in the event of vendor non-compliance so that the Purchasing Director can proceed to the next low quoter(s).  Funding will be available from the individual department or division’s budget whom will be responsible for monitoring their individual expenditures.  Public Safety/E.M.S. estimates annual expenditures at approximately $55,000.00 for Medical Grade Oxygen.

WHAT ACTION ACCOMPLISHES:

Provides Public Safety/E.M.S. with a reliable source of medical grade oxygen.

MANAGEMENT RECOMMENDATION:

Approve as stated.  (#20051134-EMS)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Authorize Chairman to execute Modification #1 to agreement #05-DS-2N-06-45-01-105 with the Department of Community Affairs to extend the agreement to October 31, 2005.

WHAT ACTION ACCOMPLISHES:

Provides additional time for Lee County to complete homeland security related planning, training and exercise tasks.

MANAGEMENT RECOMMENDATION:

Staff requested extension, and therefore recommends approval.  (#20051187-Emergency Management)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(A)

ACTION REQUESTED/PURPOSE:

Adopt Resolution requesting funding for Fiscal Year 2006-2007 from the State of Florida Department of Environmental Protection Beach Erosion Control Program.  The resolution is required along with the Lee County Long Range Beach Erosion Control Budget Plan to obtain State cost share eligibility.

WHAT ACTION ACCOMPLISHES:

Enables the County to qualify for State assistance for beach erosion control projects

MANAGEMENT RECOMMENDATION:

Approve  (#20051180-Natural Resources)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Approve Lee County’s portion of the Sixth Annual Report for the Lee County NPDES (National Pollutant Discharge Elimination System) Storm Water Permit (FLS000035) and authorize staff to transmit the report to the Florida Department of Environmental Protection (FDEP).  Authorize Chairman to sign the Certification Page for the NPDES First Annual Report for the 2004 NPDES Permit.

WHAT ACTION ACCOMPLISHES:

Annual Reports are required as a permit condition of the Lee County NPDES permit.

MANAGEMENT RECOMMENDATION:

Staff recommends approval.  (#20051190-Natural Resources)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Execute DEP Agreement 05LE1 with the Florida Department of Environmental Protection  (FDEP) for the Blind Pass Restoration project. The agreement stipulates cost sharing amounts for design and permitting tasks. FDEP will provide $70,554 for tasks to date.

WHAT ACTION ACCOMPLISHES:

The agreement allows for reimbursement of design and permitting of the Blind Pass project. Board approval is required for this agreement.

MANAGEMENT RECOMMENDATION:

Management recommends approval.  (#20051198-atural Resources)

 

 

(D)

ACTION REQUESTED/PURPOSE:

Approve a Second Amendment to the Agreement between Lee County and the Lee County Sheriff for enforcement of environmental crimes.

WHAT ACTION ACCOMPLISHES:

To allow the Solid Waste Division to have a dedicated Sheriff’s deputy assigned to investigation, apprehension and prosecution of environmental crimes during FY05

MANAGEMENT RECOMMENDATION:

Staff recommends approval of this Second Amendment.  (#20051203-Solid Waste)

 

 

(E)

ACTION REQUESTED/PURPOSE:

Approve Change Order No. 11 with Hazen and Sawyer, P.C. for an amount not to exceed $220,080.00 for required design and construction consulting work at the Lee/Hendry Regional Disposal Facility (landfill).  (2) Approve a budget transfer from Solid Waste Management Fund reserves, increasing the FY04-05 CIP Budget for the Lee/Hendry Landfill Phase II Project (CIP Proj. #200924) in the amount of $395,000.00 and amend the FY 04-05 CIP accordingly.

WHAT ACTION ACCOMPLISHES:

Provides funds for additional engineering services for infrastructure at the regional landfill.

MANAGEMENT RECOMMENDATION:

Staff recommends approval of the requested motions. (#20051205 – Solid Waste)

 

9.

TRANSPORTATION

 

 

(A)

ACTION REQUESTED/PURPOSE:

Approve and authorize the Chairman to sign the attached amendment to the County Incentive Grant Program for Business 41 from Marianna Ave. to north of Littleton Road with the Florida Department of Transportation.  Also, approve budget amendment resolution in the amount of $87,368 and amend the FY 2004/05-2008/09 CIP accordingly.

WHAT ACTION ACCOMPLISHES:

Allows County to receive an additional $87,368 for signalization costs at Pine Island and US Business 41.

MANAGEMENT RECOMMENDATION:

Approve  (#20051130-Transportation)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Request Board approve Change Order #9 to APAC-SE for the Bonita Beach Road widening project (B04-05) in the amount of $61,260.70.

WHAT ACTION ACCOMPLISHES:

Enables Lee County to compensate APAC-SE (contractor) for necessary signal modifications, plat sheet revisions, pipe collapse repair and drainage modification on Bonita Beach Road near Arroyal Road.

MANAGEMENT RECOMMENDATION:

Staff recommends approval  (#20051156-Transportation)

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

 

(A)

ACTION REQUESTED/PURPOSE:

Approve the Caloosahatchee Creeks Preserve (CCP) Restoration Plan.

WHAT ACTION ACCOMPLISHES:

Approving of the CCP Restoration Plan establishes guidelines for restoration and management activities at CCP.

MANAGEMENT RECOMMENDATION:

Approve the plan so Land Stewardship staff can begin implementation.  (#20051171-Parks and Recreation)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Approve the Pine Lake Preserve (PLP) Land Stewardship Plan.

WHAT ACTION ACCOMPLISHES:

Approving of the PLP Plan establishes guidelines for restoration and public use facilities at PLP.

MANAGEMENT RECOMMENDATION:

Approve the plan so Land Stewardship staff can begin implementation.  (#20051172-Parks and Recreation)

 

12.

COUNTY ATTORNEY

 

 

(A)

ACTION REQUESTED/PURPOSE:

Approve and authorize execution and recording of an Agreement between Punta Gorda Isles Section 22 Homeowners Association, Inc., the Lee County Sheriff and the County for the County’s exercising of County jurisdiction over certain roads within Punta Gorda Isles for traffic control purposes.

WHAT ACTION ACCOMPLISHES:

Memorializes a three-party Agreement for the County’s exercise of jurisdictional control over certain private roads for traffic control purposes by the Sheriff.

MANAGEMENT RECOMMENDATION:

Approve Agreement.  (#20051200-County Attorney)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS

 

 

(A)

ACTION REQUESTED/PURPOSE:

Approve Expenditure of $52,000 from the Law Enforcement Trust Fund #105000 and $61,568 out of the CLEAN Forfeiture Fund #10502.  Approve transfers from Reserves for $17,854 (Fund 10500) and $46,643 (Fund 10502).  Approve Budget Amend resolutions for $34,146 (Fund 10500 and $14,925 (Fund 10502).

WHAT ACTION ACCOMPLISHES:

Florida State Statute 932.7055 requires the Board of County Commissioners approval of expenditures from the Law Enforcement Trust Fund, which is funded by revenues from confiscated property.

MANAGEMENT RECOMMENDATION:

(#20051140-Sheriff)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Approve Expenditures in the amount of $846,011 by the Lee County Sheriff’s Office.  Revenues for these expenditures were from various fees, services, etc. (see below) that were collected by the Sheriff’s Office during the period of 03/01/05 to 08/10/05.

WHAT ACTION ACCOMPLISHES:

Board approval is needed to expend funds collected.

MANAGEMENT RECOMMENDATION:

Enables Sheriff’s Office to offset expenditures.  (#20051157-Sheriff)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Approve a transfer in the amount of $982,153 from the General Fund #001 Reserve and amend the Lee County Sheriff’s Office allocation in the like amount to cover costs associated with the unanticipated escalation of inmate medical expenses.

WHAT ACTION ACCOMPLISHES:

Requires Board Approval to transfer from reserve.

MANAGEMENT RECOMMENDATION:

Approve  (#20051158-Sheriff)

 

 

(D)

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  (#20051212-Clerk of Court)

 

 

(E)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant-Gulf & Southern Holdings, 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 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  (#20051214-Clerk of Court)

 

 

(F)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant-Delrosario  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 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  (#20051215-Clerk of Court)

 

 

(G)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant-Stransenback Estate  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 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  (#20051216-Clerk of Court)

 

 

(H)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant-Stransenback Estate  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 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  (#20051217-Clerk of Court)

 

 

ADMINISTRATIVE AGENDA

September 6, 2005 

 

1.

COUNTY ADMINISTRATION

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

9.

TRANSPORTATION

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(A)

ACTION REQUESTED/PURPOSE:

Declare a public nuisance and direct the County Attorney to file suit to abate the public nuisance maintained by Nancy Wakeley at 1044 Kindly Road, North Ft. Myers.

WHAT ACTION ACCOMPLISHES:

Directs County Attorney to file suit to abate a public nuisance.

MANAGEMENT RECOMMENDATION:

Abate the nuisance by filing suit.  (#20051202-County Attorney)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS