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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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November 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
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9:30
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Invocation: |
Pastor
Ralph Rivers |
Good
Shepherd United Methodist Church |
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Pledge
of Allegiance |
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Presentations: |
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CP 1 |
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Homeless
Week Reso 2005 – Commissioner Janes |
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CP 2 |
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Veterans
Day Reso 2005 – Commissioner Janes |
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Recap |
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Public
Comment on the Consent and Administrative Agenda |
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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
and Carry-overs |
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Commissioners'
Items/Committee Appointments |
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County
Manager Items |
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County
Attorney Items |
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9:30
AM |
Public Hearings |
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ACTION REQUESTED/PURPOSE: Conduct a Public Hearing to adopt a Resolution on
Petition to Vacate a portion of an unimproved Road Right-of-Way located
adjacent to 13992 Stringfellow Rd., Bokeelia (Case No. VAC2004-00055). WHAT ACTION
ACCOMPLISHES: To expand existing agricultural area to grow
tropical fruit. The vaction of this right-of-way will not alter existing traffic or
drainage conditions and the right-of-way is not necessary to accommodate any
future traffic or drainage requirement. MANAGEMENT
RECOMMENDATION: Approve
(#20051329 – Community Development) |
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ACTION REQUESTED/PURPOSE: Conduct first public hearing to consider execution
of a development agreement between Lee County and the owners and developers
of the Alico Interchange Park DRI that will govern the mitigation of
transportation impacts of the DRI. WHAT ACTION ACCOMPLISHES: Finalizes the
terms and conditions of the mitigation of transportation impacts for the
Alico Interchange Park DRI. MANAGEMENT RECOMMENDATION: Direct to second public hearing. Suggested date: November 15, 2005.
(#20051560 – County Attorney) |
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Adjourn
until 5:00 PM |
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November
8, 2005
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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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ACTION REQUESTED/PURPOSE: Adopt a resolution requesting re-designation of
the Fort Myers/Lee County Enterprise Zone with boundary changes, and execute
Interlocal Agreement with the City of Fort Myers. WHAT ACTION ACCOMPLISHES: Resolution and Interlocal Agreement are necessary
components of the application package for re-designation of existing
Enterprise Zones under the Florida Enterprise Zone Act. MANAGEMENT RECOMMENDATION: Recommend adoption of resolution and execution of Interlocal Agreement (#20051561 – County Administration) |
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4. |
COMMUNITY DEVELOPMENT |
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ACTION REQUESTED/PURPOSE: Authorize amendments to
two contracts and a new contract between the Board of County Commissioners
and the Lee County Housing Development Corporation (LCHDC). Amendments: Contracts C-3072
and C-2608 – increase the maximum purchase price to $223,875 (per the amended
SHIP Plan) Contract C-3072 – extend
from December 31, 2005 to May 30, 2006 Contract C-2608 – reduce
the number of units to be produced from 9 to 1 and the funding from $195,000
to $30,000. New Contract
$175,500 in additional
SHIP funds to cover budget shortfall for 22 low-income units to be built in
Lehigh Oaks WHAT ACTION ACCOMPLISHES: Approval of these
amendments would allow adaptation to current economic conditions and
consistency with the SHIP Plan. MANAGEMENT
RECOMMENDATION: Approve
(#20051524 – Community Development) |
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ACTION REQUESTED/PURPOSE: Authorize the expenditure of $84,982.20 in four
quarterly payments for the county's Fiscal Year 2005-2006 membership
assessment in the Southwest Florida Regional Planning Council. WHY ACTION IS NECESSARY: Florida Administrative Code, Section 29I-1.004
mandates Lee County's participation in the Southwest Florida Regional
Planning Council. MANAGEMENT RECOMMENDATION: Authorize the expenditure. (#20051550 – Community
Development) |
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5. |
HUMAN SERVICES |
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ACTION REQUESTED/PURPOSE: To approve budget amendment resolution in the
amount of $5,000 awarded to Lee County From the U.S. Department of Labor. WHAT ACTION ACCOMPLISHES: Provides funds for a one day Stand Down event to
increase homeless awareness and to provide outreach and social services to
homeless persons in Lee County. MANAGEMENT
RECOMMENDATION: Approve budget amendment resolution. (#20051559 –
Human Services) |
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ACTION REQUESTED/PURPOSE: Approve and sign the grant award from the Department of Juvenile Justice in the amount of $62,685 for the implementation of Neighborhood Accountability Boards in Collier and Charlotte County. Approve a budget amendment resolution in the amount of $62, 685. WHAT ACTION ACCOMPLISHES: Expands Neighborhood Accountability Boards in Charlotte and Collier County to address first time juvenile offenders, victims, and the victimization of the neighborhoods. MANAGEMENT RECOMMENDATION: Approve budget amendment resolution and sign grant agreement. (#20051557 – Human Services) |
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6. |
INDEPENDENT |
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7. |
PUBLIC SAFETY |
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ACTION REQUESTED/PURPOSE: Authorize Chairman to execute an interlocal agreement with the City of Cape Coral to lease the following square footage for EMS personnel and vehicles (1,012 s.f. at 4816 Chester Street; 992 s.f. of space at 1029 Diplomat Parkway; and 992 s.f. space at 4540 Chiquita Blvd.). WHAT ACTION ACCOMPLISHES: Fulfills an operational need for secure, protected space to house its personnel and emergency vehicles. MANAGEMENT RECOMMENDATION: Staff recommends approval. (#20051439 – Public Safety) |
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ACTION REQUESTED/PURPOSE: Authorize chairman to execute an agreement with Louetta Muller, Emergency Planning Services, to conduct hazardous material analyses and site visits in support of the County Hazardous Materials Emergency Response Plan. Although the amount of this contract is $34,900.00 there are other County contracts with this vendor totaling more than $50,000.00. Therefore, Board authorization of expenditures is required to execute this agreement. WHAT ACTION ACCOMPLISHES: Continues agreement for emergency planning services currently provided by this private vendor for an additional two year period. MANAGEMENT RECOMMENDATION: Staff recommends the chairman sign the agreement. (#20051450 – Public Safety) |
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ACTION REQUESTED/PURPOSE: Execute Interlocal Agreement between Hendry County
and Lee County for Emergency Medical Services mutual aid. WHAT ACTION ACCOMPLISHES: Formalizes and defines each county’s responsibilities and liabilities when responding to a mutual aid request. MANAGEMENT
RECOMMENDATION: Staff recommends
approval. (#20051467 – Public Safety) |
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ACTION REQUESTED/PURPOSE: 1) Approve Project Number PB060045 to piggyback on
to the National Guard Bid No. DMA-RFP-65, with North American Catastrophe
Services, Inc., for a total amount of $389,750.00 for a Continuity of
Operation Emergency Response Vehicle; and approve non-contract items options
for $64,150 (communications and data processing equipment), for a grand total
of $453,900. 2) Authorize Chairman to
execute the grant on behalf of the Board for a Continuity of Operation
Emergency Response Vehicle with the State of Florida Department of Law
Enforcement in the amount of $246,550.
3) Also approve $177,350 to be taken from All Hazards Reserves and
$30,000 from Emergency Management Vehicle Replacement Fund. WHAT ACTION ACCOMPLISHES: Provides a reliable
mobile emergency response vehicle for Lee County. It will also be used by Incident Management Teams (IMT) to
support response operations on a regional and State-wide basis. MANAGEMENT RECOMMENDATION: Staff recommends
approval. (#20051518 – Public Safety) |
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ACTION REQUESTED/PURPOSE: Authorize Chairman to execute an agreement with
the Department of Community Affairs for Homeland Security funding in the
amount of $75,000.00. Authorize one
grant funded part-time Senior Planner position and one grant funded part-time
Administrative Assistance position with benefits until grant funding
expires. Approve Budget Amendment Resolution
in the general fund for FY05/06 in the amount of $75,000. No County Match required. WHAT ACTION
ACCOMPLISHES: Provides financial support to Lee County to conduct homeland security related planning, training and exercises for Region Six. MANAGEMENT
RECOMMENDATION: Staff recommends approval.(#20051523 – Public
Safety) |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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ACTION REQUESTED/PURPOSE: Approve Budget Amendment Resolution to fund 20
FY05/06 WCIND projects totaling $1,400,320.00. Execute subgrant agreements
with local governments, non-profit organizations, and various Lee County Law
Enforcement agencies to implement 15 FY05/06 WCIND projects totaling
$611,319.85 via 19 individual subgrants. WHAT ACTION ACCOMPLISHES: Formalizes duties and responsibilities of Lee
County and subgrantees in implementing WCIND funded projects. Establishes projects and account
strings. Authorizes Commission
Chairman to sign all agreements pertaining to the 05-06 WCIND Waterway
Development Program. MANAGEMENT RECOMMENDATION: Staff recommends approval. (#20051522 – Natural Resources) |
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ACTION REQUESTED/PURPOSE: Authorize the establishment of one (1) new Natural
Resources Operations Manager position, Position Group Code 51410. Approve transfer from Surface Water
Management Reserves in the amount of $167,000 to cover salary, fringe
benefits, and operating costs for the balance of the current fiscal year in
the Natural Resources/Surface Water Management Business Unit, OC5379014600. WHAT ACTION ACCOMPLISHES: Provides additional
staff member to insure Lee County is an integral part of the planning and
implementation of various issues and initiatives critical to water quality
and water resource concerns via policies promulgated by various federal,
state, and local agencies. MANAGEMENT
RECOMMENDATION: Staff recommends approval. (#20051555 – Natural Resources) |
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9. |
TRANSPORTATION |
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ACTION REQUESTED/PURPOSE: Approve STA No. 1 under CN-02-21 MISC. LANDSCAPE
ARCHITECTURAL SERVICES, to Vanasse & Daylor, LLP, in the amount of
$83,300.00 for the Landscape and Irrigation Project – From U.S. 41 from City
of Fort Myers Southern Boundary to College Parkway. This STA was anticipated and funds are available within the CIP. WHAT ACTION ACCOMPLISHES: Provides Lee County with a Consultant for basic
plan preparation, site investigation, conceptual design (30%), design
development (60%), construction documents, bidding assistance, construction
assistance and reimbursable costs. MANAGEMENT
RECOMMENDATION: Staff recommends
approval. (#20051504 – Transportation) |
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10. |
UTILITIES |
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ACTION REQUESTED/PURPOSE: Approve construction of a serving Tara Woods, Phase
3-B to provide potable water service and fire protection to this phase of
the proposed single-family residential subdivision. This is a Developer
Contributed asset project located along the east side of US 41 North
approximately 2 miles south of the Lee/Charlotte county line. 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: Approval. (#20051497 – Utilities) |
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ACTION REQUESTED/PURPOSE: Approve final acceptance, by Resolution, as a
donation of a water main relocation and two water services serving Applebee’s at Corkscrew Commons to
provide potable water service to this recently constructed restaurant. This
is a Developer Contributed asset project located on the south side of
Corkscrew Common Drive approximately 300’ east of Corkscrew Crossing 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: Approval. (#20051498 – Utilities) |
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ACTION REQUESTED/PURPOSE: Approve final acceptance, by Resolution and
recording of one (1) utility easement as a donation of one (1) fire hydrant,
three (3) 5/8’’ diameter water services, three (3) 1’’ diameter water
services and three (3) force main connections, serving Crystal Place to provide potable water service, fire protection
and sanitary sewer service to this recently constructed light industrial
development. This is a Developer Contributed asset project located on the
north side of Crystal Drive approximately 800’ east of Metro Parkway. WHAT ACTION ACCOMPLISHES: Places the fire hydrant, water services and force
main connections into operation and complies with the Lee County Utilities
Operations Manual. MANAGEMENT RECOMMENDATION: Approval. (#20051499 – Utilities) |
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ACTION REQUESTED/PURPOSE: Award B-05-19
FT MYERS BEACH WWTP IMPROVEMENTS, to the low bidder meeting all bidding
requirements, Wharton-Smith, Inc., for a Base Bid amount of $6,272,000.00 and
Alternate “B” in the amount of $540,000.00, with a final project completion
time of 511 days. Approve Budget Transfer of $1,000,000 from the Matanzas
Pass Force Main project and $160,842 from FCWC-Fort Myers Beach Reserves and
increase FMB WWTP Filtration System Replacement by $1,160,842 and amend FY
05/06-09/10 CIP accordingly. Also
approve Budget Transfer in the amount of $1,000,000 from Sewer Connection Fee
Reserves to the Matanzas Pass Force Main project and amend FY 05/06-09/10 CIP
accordingly. These projects were in
the CIP and funds will be available. WHAT ACTION ACCOMPLISHES: The project provides installation of deep bed sand
filters and associated structures, electrical building, electrical power
systems and control equipment for the Ft. Myers Beach WWTP. MANAGEMENT RECOMMENDATION: Staff
recommends approval (#20051517 – Utilities) |
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11. |
PARKS AND RECREATION |
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12. |
COUNTY ATTORNEY |
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ACTION REQUESTED/PURPOSE: Direct an ordinance creating Lee County Land
Development Code (LDC) Chapter 33 to public hearing in the Board of County
Commission Chambers as follows: LPA
on November 28, 2005
First Public Hearing on November 22, 2005 at 5:00 p.m. Second
Public Hearing on December 13, 2005 at 5:00 p.m. WHAT ACTION ACCOMPLISHES: Two public hearings are required to amend the LDC. MANAGEMENT
RECOMMENDATION: Approve. (#20051543 –
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). MANAGEMENT RECOMMENDATION: Approve (#20051568-Clerk of Court) |
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November
8, 2005
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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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ACTION REQUESTED/PURPOSE: Authorize: (1)
approval of the purchase of Parcel 281, Conservation 20/20 Land Acquisition
Program, Project No. 8800, located in NW quadrant of Lee County, in the
amount of $882,000; (2) the Chairman on behalf of the Board of County
Commissioners to execute Purchase Agreement; (3) payment of necessary costs
and fees to close; and (4) the Division of County Lands to handle and accept
all documentation necessary to complete transaction and grant time extension
to close, if necessary. WHAT ACTION ACCOMPLISHES: The acquisition of one
of the properties recommended by the Conservation Acquisition and Stewardship
Advisory Committee on May 12, 2005. MANAGEMENT RECOMMENDATION: Considering the
recommendation of this parcel by CLASAC, Staff recommends the Board approve
Requested Motion.
(#20051515 – 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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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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15. |
CONSTITUTIONAL OFFICERS |
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November 8,
2005
Walk On |
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ACTION
REQUESTED/PURPOSE: |
CARRY OVER AGENDA
November 8, 2005
Carry Over |
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ACTION REQUESTED/PURPOSE:
Board Directed
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ACTION REQUESTED/PURPOSE: Approve waiving of the formal process for BW-05-15 for Assistance with Army Corp, for Lee County Visitor & Convention Bureau and Lee County Natural Resources, to Marlowe & Company, in the amount of $97,200 (FY 2005-2006), $99,000.00 (FY 2006-2007 and $100,800.00 (FY 2007-2008), with a contract term of October 1, 2005-September 30, 2006 (Year 1), October 1, 2006-September 30, 2007 (Year 2) and October 1, 2007-September 30, 2008 (Year 3). Further authorize Chairman to execute the Service Provider Agreement upon receipt. . (#20051420-VCB)
REASON FOR CARRYOVER:
Board Directed |
November
8, 2005
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5:00
PM |
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Public Hearing
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ACTION
REQUESTED/PURPOSE: Consider a Resolution approving the transfer of Warner Cable, Inc. (“Time Warner”) to MOC Holdco II, Inc. a subsidiary of Comcast Corporation (“Comcast”) WHAT
ACTION ACCOMPLISHES: Formalizes the process as stated in Lee County Ordinance No. 01-05, for transferring control of a cable television franchise. MANAGEMENT
RECOMMENDATION: Approve (#20051477 – Public Resources) |
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Public
Hearing |
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ACTION REQUESTED/PURPOSE: Conduct a Public Hearing to amend Lee County Ordinance #03-18, Tourist Development Tax. WHAT ACTION ACCOMPLISHES: Increases the Tourist Development Tax rate from three percent (3%) to five percent (5%), effective January 1, 2006. MANAGEMENT RECOMMENDATION: Approve (#20051414 – County Attorney) |
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5:05
PM |
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Public
Hearing |
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ACTION
REQUESTED/PURPOSE: Conduct second public hearing on proposed amendment to the School Impact Fee Schedule set forth in Chapter 2 of the Lee County Land Development Code. WHAT
ACTION ACCOMPLISHES: Florida Statutes, Chapter 125, requires public hearings prior to amending an ordinance. The public hearing allows the public to address the Board of County Commissioners on the proposed changes to the school impact fee schedule. The public hearing is also a prerequisite to the adoption of the amended fee schedule. MANAGEMENT
RECOMMENDATION: Adopt ordinance. (#20051480 – County Attorney). |
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5:05
PM |
Public
Presentation of Matters by Citizens |
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Adjourn |
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