District #1

Bob Janes

Vice Chair

District #2

Douglas St. Cerny

 

District #3

Ray Judah

 

District #4

Tammy Hall

Chairwoman

District #5

John E. Albion

 

Donald D. Stilwell

County Manager

 

David M. Owen

County Attorney

 

 

November 22, 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 Kenneth McBeath

Harvest Ministries Church of God

 

 

 

 

Pledge of Allegiance

 

 

 

 

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

 

 

 

Public Hearings

 

 

 

Adjourn

 

 

10:00AM

Board Workshop on Water Issues (Immediately following the regular meeting)

 

 

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 202 Oregon Way, Lehigh Acres (Case No. VAC2005-00023).

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. (S32-T44S-R27E) (#5) (#20051025 Community Development)

 

PH 2

ACTION REQUESTED PURPOSE:

Conduct a Public Hearing to adopt a Resolution on Petition to Vacate a 4.67-foot portion of the existing 20 foot Drainage and Public Utility Easement located at 11730 Timberline Circle, Fort Myers (Case No. VAC2005-00017).

WHAT ACTION ACCOMPLISHES:

To build a two-room addition and pool enclosure to an existing single-family residence.  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.  (#20050938 – Community Development)

 

PH 3

ACTION REQUESTED/PURPOSE:

Conduct a Public Hearing to adopt a Resolution on Petition to Vacate a 12-foot wide Drainage and Public Utility Easement located at 2816 and 2818 51st W., Lehigh Acres 

(Case No. VAC2005-00011).

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  (S12-T44S-R26E) (#5) (#20051365-Development Services)

PH 4

ACTION REQUESTED/PURPOSE: 

Conduct a Public Hearing to adopt a Resolution on Petition to Vacate a 10-foot wide Public Utility Easement located at 9600 and 9650 Kelly Tractor Dr., Ft. Myers  (Case No. VAC2005-00032). 

WHAT ACTION ACCOMPLISHES: 

To build a commercial project 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 (S10-T44S-R25E) (#5) (#20051223 – Community Development)

 

 

Adjourn until 5:00 PM


CONSENT AGENDA

November 22, 2005

 

1.

COUNTY ADMINISTRATION

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(A)

ACTION REQUESTED PURPOSE:

Adoption of Resolution which consents to the actions taken by the Housing Finance Authority of Lee County, Florida pertaining to the issuance of Single Family Mortgage Revenue Bonds Series 2006.

WHAT ACTION ACCOMPLISHES:

Action will allow the Housing Finance Authority of Lee County, Florida to issue its Mortgage Revenue Bonds for single family financing home ownership in participation with various other counties in Florida and to provide affordable housing opportunities for low, moderate and middle income families in Lee County and other Florida Counties.

MANAGEMENT RECOMMENDATION:

Approve.  (#20051590 – Community Development)

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

 

(A)

ACTION REQUESTED/PURPOSE:

Accept Warranty Deed for acquisition of a ±12-acre preserve parcel abutting the County’s San Carlos Bay-Bunche Beach Preserve; 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 a ±12-acre preserve parcel.

MANAGEMENT RECOMMENDATION: 

Management recommends Board approve the Action Requested. (#20051614 – County Lands)

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(A)

ACTION REQUESTED/PURPOSE: 

Execute Amendment No. 4 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 December 31, 2005.

MANAGEMENT RECOMMENDATION: 

Staff recommends approval. (#20051630 – Natural Resources)

 

9.

TRANSPORTATION

 

10.

UTILITIES

 

 

(A)

ACTION REQUESTED/PURPOSE:

Authorize the Chairperson, on behalf of the BOCC, to execute Subordination of Utility Interests Agreement and Resolution documents requested by the Florida Department of Transportation (FDOT).

WHAT ACTION ACCOMPLISHES:

Subordinates Lee County Utilities’ (LCU) interests to FDOT at each property.  LCU will continue to have utility rights at this property, except now it is subject to the control of FDOT.

MANAGEMENT RECOMMENDATION:

Approval.  (#20051292 – Utilities)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Change Administrative Assistant Position #001020 from part-time to full-time.

WHAT ACTION ACCOMPLISHES:

This will allow clerical staff to minimize overtime and be more effective in handling customer service issues.  Board approval is required to change positions from part-time to full-time.

MANAGEMENT RECOMMENDATION:

Approval. (#20051596 – Utilities)

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(A)

ACTION REQUESTED/PURPOSE: 

Adopt by Resolution Lee County Administrative Code 13-19 pertaining to technical requirements for plat approval.

WHAT ACTION ACCOMPLISHES: 

The proposed amendment will update the County platting procedure to reflect statutory requirements and implement recent procedural changes designed to streamline the plat approval process.

MANAGEMENT RECOMMENDATION:

(#20051544 – County Attorney)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS

 

 

(A)

ACTION REQUESTED/PURPOSE:

Request Board approves disbursements.  The check and wire registers can be reviewed on the 3rd floor of the County Administration Building.

WHAT ACTION ACCOMPLISHES:

Florida Statute Chapter 136.06 (1) requires that all County disbursements be recorded in the Minutes of the Board.

MANAGEMENT RECOMMENDATION:

Compliance with the requirements of FS 136.06(1) Approve – (#20051647 – Clerk of Courts)

 

 

ADMINISTRATIVE AGENDA

November 22, 2005 

 

1.

COUNTY ADMINISTRATION

 

 

(A)

ACTION REQUESTED/PURPOSE: 

Approve waiving of the formal process for BW-06-01 for Consulting Representation Services, for Lee County Visitor        & Convention Bureau, to LLW Consultants, in the amount of $150,000.00/annually for a total contract term of 3 years (Yr. 1 Sept 2005 – Sept 2006); (Yr. 2 Oct. 2006 – Sept. 2007); and (Yr. 3 Oct. 2007 – Sept 2008).  Further authorize Chairman to execute the Service Provider Agreement upon receipt.

WHAT ACTION ACCOMPLISHES: 

Provides for a continuation of lobbying services with an experienced consultant with the South Florida Water Management District while taking an active role in water resource management.

MANAGEMENT RECOMMENDATION: 

Staff Recommends Approval (#20051611 – VCB)

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

 

(A)

ACTION REQESTED/PURPOSE:

Waive formal procurement procedures and approve and authorize the Chairman to sign Amendment No. 6 to the Service 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 Amendment No. 6 was developed pursuant to the Memorandum of Understanding (MOU) previously approved by the BOCC.

MANAGEMENT RECOMMENDATION:

Staff recommends approval.  (#20051644 – Solid Waste.)

 

9.

TRANSPORTATION

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(A)

ACTION REQUESTED/PURPOSE:

Execute mutual release of access and release of easements.

WHAT ACTION ACCOMPLISHES:

Releases any claims Lee County may have for access easements over land owned by Elizabeth Roth and any claims Elizabeth Roth may have for access easements over land owned by Lee County.

MANAGEMENT RECOMMENDATION:

County Attorney recommends approval. (#20051624 – County Attorney)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS

 


WALK ON AGENDA
November 22, 2005

 

Walk On

 

ACTION REQUESTED/PURPOSE:
Approve and authorize the Chairman to sign a contract between Lee County and Casey Industrial, Inc.., the responsive/responsible low price proposer, meeting all requirements to perform the “Balance of Plant” General Contract construction of the WTE Expansion Project, for an amount not exceeding $29,981,498.00, all in accordance with RFP B&R 2661-GC 100.(#20051671 – Solid Waste)
REASON FOR WALKON:
Negotiations with Covanta have reached the point where both items regarding the WTE Expansion can be taken up and addressed by the Board.
 

(#2)

Walk On
 

ACTION REQUESTED/PURPOSE:
Approve award of formal quotation (RFP B&R 2661-SA-506) and issuance of a purchase order to Standard Industrial Structures Corp. (SISCORP) the sole proposer submitting and meeting all specification requirements for a steel building to house the air pollution control equipment, with a base price of $971,569.00 that includes an amount of $334,985.00 representing certain steel components that are price adjustable (escalation/de-escalation) based on an agreed index.  Approval also includes this price adjustment in accordance with the term sheet. (#20051669 – Solid Waste)
REASON FOR WALKON:
Negotiations with Covanta have been ongoing for over a year and reached the point where the project can move forward.
 

(#3)

Walk On
 

ACTION REQUESTED/PURPOSE:
Award Hurricane Housing Recovery Funds ($2,054,555) and 2004/05 SHIP funds ($159,900) to the Lee County Department of Human Services. (#20051658 – Community Development)
REASON FOR WALKON:
Requested by Commissioner Albion
 

PUBLIC AGENDA
                                                           November 22, 2005                                                                       

5:00 PM

#1

Public Hearing

 

ACTION REQUESTED/PURPOSE:

Conduct a public hearing to consider the adoption and execution of the proposed Industrial Pretreatment Ordinance.

WHAT ACTION ACCOMPLISHES:

Board must formally adopt an Ordinance at a scheduled, advertised Public Hearing, which will implement regulatory requirements/enforcement for a uniform Industrial Pretreatment program for establishments discharging industrial wastewater into the Lee County Utilities wastewater collection system.  Legal notice advertising dates are November 7 & 14, 2005 for the November 22, 2005 Public Hearing.

MANAGEMENT RECOMMENDATION:

Approval. (#20051496 – Utilities)

 

 

5:05 PM

 

#1

Public Hearing

 

 

ACTION REQUESTED/PURPOSE: 

Hold first public hearing regarding adoption of an ordinance creating Lee County Land Development Code Chapter 33.  Direct ordinance to second public hearing on December 13, 2005 at 5:05 p.m. in the Board of County Commission Chambers.

WHAT ACTION ACCOMPLISHES: 

Satisfies the statutory requirement to hold two public hearings to amend the LDC.  If adopted, Chapter 33 will serve to consolidate all existing and proposed regulations applicable to the Estero Planning Community under one Article; and, establish the basic framework for the addition of new regulations applicable to other planning communities in Lee County.

MANAGEMENT RECOMMENDATION: 

Approve. (#20051646 – County Attorney)

 

 

5:05 PM

Public Presentation of Matters by Citizens

 

 

Adjourn