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

 

 

October 17, 2006

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:

Reverend Joseph Gabriel

Full Gospel Assembly

 

 

 

 

Pledge of Allegiance

 

 

 

 

Presentations:

CP 1

 

·   

Ceremonial Resolution recognizing the Arts Coalition

(#20061345 – Commissioner Janes)

 

 

 

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 portion of a 80-foot wide IDD Canal Easement located at 1040 Averly St., south of Whiskey Creek Terrace,

Ft. Myers (Case No. VAC2006-00028) (S15-T45S-R24E) (#2).

WHAT ACTION ACCOMPLISHES: 

To legitimize a portion of the existing residence which was inadvertently permitted and constructed in the easement and to provide for construction of a new accessory garage within the easement.  The vacation will not alter existing drainage conditions, however the easement is necessary to accommodate existing canal maintenance obligations and future drainage requirements.

MANAGEMENT RECOMMENDATION: 

Do not approve. Public Works needs to retain easement for future drainage improvements.

(#20061058 – Community Development)

 

PH 2

ACTION REQUESTED/PURPOSE: 

Conduct a Public Hearing to adopt a Resolution on Petition to Vacate a

six-foot wide Public Utility Easement located at 12 Highland Ave., Lehigh Acres  (Case No. VAC2006-00022) (S33-T44S-R27E) (#5). 

WHAT ACTION ACCOMPLISHES: 

To build a single-family residence on the subject lot.  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 (#20061215 – Community Development)

 

 

Adjourn


CONSENT AGENDA

October 17, 2006

 

1.

COUNTY ADMINISTRATION

 

(A)

ACTION REQUESTED:

Authorize Budget Amendment Resolutions for the receipt of $66,629,047 of bond proceeds from the Capital Revenue Bonds, Series 2006 (Jail and Evidence Facility). Approve various budget resolutions and transfers and amend the FY06-07/10-11 CIP accordingly.

WHY ACTION IS NECESSARY:

Budget Amendment Resolutions must be approved to receive bond proceeds. Establishes the accounts necessary to receive bond proceeds.

WHAT ACTION ACCOMPLISHES:

Approval of the budget amendment resolutions. (#20061132 – Budget Services)

 

2.

CONSTRUCTION AND DESIGN

 

(A)

ACTION REQUESTED/PURPOSE: 

Approve First Amendment to Lease with Robert B Cheyney and Patricia A. Cheyney, to add 756 square feet of space, in Suite 201, to the existing lease of 13,965 square feet. This space is located at 3434 Hancock Bridge Parkway.  The space is currently being occupied by Atos Origin, the vendor for Lee County’s data and phone services.  Base rental cost for this space will be $16.75 per square foot or $12,663 per year.  All terms and conditions of the original lease will remain the same.   

WHAT ACTION ACCOMPLISHES: 

Allows Atos Origin to have a storage area in the same building as their office.

MANAGEMENT RECOMMENDATION: 

Approve. (#20061308 – Construction & Design)

 

3.

COUNTY COMMISSIONERS

4.

COMMUNITY DEVELOPMENT

 

(A)

ACTION REQUESTED/PURPOSE: 

Authorize the expenditure of $89,605.80 in four quarterly payments for the county's Fiscal Year 2006-2007 membership assessment in the Southwest Florida Regional Planning Council.

WHAT ACTION ACCOMPLISHES: 

Florida Administrative Code, Section 29I-1.004 mandates Lee County's participation in the Southwest Florida Regional Planning Council.

MANAGEMENT RECOMMENDATION: 

Authorize the expenditure. (#20061349 – Community Development)

 

5.

HUMAN SERVICES

6.

INDEPENDENT

 

(A)

ACTION REQUESTED/PURPOSE:

Accept Perpetual Beach Storm Damage Reduction Easement for Parcel 183 for the Gasparilla Island Beach Restoration Project No. 3023; authorize the Division of County Lands to handle and accept all documentation necessary; authorize necessary recording fees.

WHAT ACTION ACCOMPLISHES:

Secures permanent easements along Boca Grande on Gasparilla Island for the proposed beach renourishment project.

MANAGEMENT RECOMMENDATION:

Approve (#20061177 – County Lands)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Request Board approve Interlocal Agreement in the amount of $228,626 with the Town of Ft. Myers Beach for enhanced seasonal trolley service funded by the Town of Ft. Myers Beach. 

WHAT ACTION ACCOMPLISHES:   

Provides enhanced trolley service on Ft. Myers Beach during tourist season.

MANAGEMENT RECOMMENDATION: 

Approve Interlocal agreement. (#20061257 – Transit)

 

 

(C)

ACTION REQUESTED/PURPOSE: 

Approve the acceptance of $8,200 grant from the MetLife Foundation to promote teen health and fitness in conjunction with the Lee County Library System’s summer reading program for teens and approve Budget Amendment Resolution in the amount of $8200. in recognition of Grant award.

WHAT ACTION ACCOMPLISHES:

The budget amendment accepts $8,200 as unanticipated revenue, and designates grant expenditures.

MANAGEMENT RECOMMENDATION: 

Approval (#20061267 - Library)

 

 

(D)

ACTION REQUESTED/PURPOSE: 

Approve expenditures that will exceed the original amounts approved by the Board on January 4, 2005 under Project # EX050137 for the annual “true up” for Microsoft licenses as is required under the enterprise agreement the County has in place through Software House International via Florida State Contract No. 255-001-01-1.  Two years remain on the contract; and the increased annual estimated amounts are as follows:  $355,459.31 for year two; and $500,000 for year three.  The request for the additional monies is based on an increase in county employees and new facilities coming on line.  (This growth is forecast to continue through year three of the contract.)

WHAT ACTION ACCOMPLISHES: 

Allows ITG to meet the contractual obligations of the Microsoft enterprise agreement.

MANAGEMENT RECOMMENDATION: 

Approve as stated. (#20061286 – ITG)

 

 

(E)

ACTION REQUESTED/PURPOSE:

Authorize execution of interlocal agreement with the City of Fort Myers for advertising shelters within city limits.

WHAT ACTION ACCOMPLISHES:

Allows LeeTran to continue to maintain and sell advertising on existing shelters, and add shelters as warranted.

MANAGEMENT RECOMMENDATION:

Recommend approval. (#20061321 – Transit)

 

7.

PUBLIC SAFETY

 

(A)

ACTION REQUESTED/PURPOSE: 

Authorize Chairwomen to execute an agreement with the Department of Community Affairs for Homeland Security funding in the amount of $81,740. Approve Budget Amendment Resolution in the general fund for FY07 in the amount of $81,740. No County Match required.

WHAT ACTION ACCOMPLISHES: 

Provides financial support to Lee County to conduct homeland security related planning, training and exercises.

MANAGEMENT RECOMMENDATION: 

Staff recommends approval. (#20061264 – Public Safety)

 

 

(B)

ACTION REQUESTED/PURPOSE: 

Authorize Chairwomen to execute an agreement with the Department of Community Affairs for Homeland Security funding in the amount of $193,640.    Approve Budget Amendment Resolution in the general fund for FY07 in the amount of $193,640.  No County Match required.

WHAT ACTION ACCOMPLISHES: 

Provides financial support to cover costs of the continuing EMSystem in Region 6 (Southwest Florida), planning funds for task force leadership and the installation of the seven channel 800 MHz interoperable communications system.

MANAGEMENT RECOMMENDATION: 

Staff recommends approval.  (#20061265 – Public Safety)

 

 

(C)

ACTION REQUESTED/PURPOSE: 

Authorize Chairwoman to execute Modification #2 to agreement with the Department of Community Affairs Contract #06-DS-3W-09-46-01-240 to extend the agreement to February 28, 2007.

WHAT ACTION ACCOMPLISHES: 

Provides additional time to complete the scope of work.

MANAGEMENT RECOMMENDATION: 

Staff recommends approval. (#20061277 – Public Safety)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

(A)

ACTION REQUESTED/PURPOSE:

Donate Assets 0003156700 (30’ Playcraft pontoon), 0003153100 (trailer), 0003380100 (Radar), 0003137900 (225HP Engine), 0003318200 & 0003318300 (2 davits) with a total book value of $0.00 to the West Coast Inland Navigation District (WCIND).  All assets were acquired through WCIND Navigation Improvement Program grant funding.

WHAT ACTION ACCOMPLISHES:

Disposal/donation of assets requires BOCC approval.

MANAGEMENT RECOMMENDATION:

Removes boat, trailer, engine and radar units from County property lists and allows WCIND to utilize vessel in other areas of the District (#20061317 – Natural Resources)

 

9.

TRANSPORTATION

 

(A)

ACTION REQUESTED/PURPOSE: 

Amend Blue Sheet No.  20060830 and approve Change Order No. 3, under B-05-04 SUMMERLIN ROAD SIX LANING, to Phoenix Construction in the amended amount of $381,927.53 for additional work requested by Lee County DOT and Lee County Utilities.  Also, authorize Chairwoman to execute Change Order on behalf of the Board.  Approve Budget Transfer from District 24-Impact Fee Reserves-Roads in the amount of $371,000 and amend the FY 06/07-10/11 CIP accordingly.

WHAT ACTION ACCOMPLISHES: 

Provides Lee County with a Contractor to perform additional work on the Summerlin Road Six Laning project.  Also allows Contractor additional time to perform the requested work. 

MANAGEMENT RECOMMENDATION: 

Approval recommended. (#20061316 – Transportation)

 

10.

UTILITIES

 

(A)

ACTION REQUESTED/PURPOSE:

Approve final acceptance, by Resolution and recording of one (1) Utility Easement, as a donation of one (1) 6’’ diameter fire line, one (1) fire hydrant, 3 potable water services and a water main relocation to provide potable water service and fire protection to Mariner’s Cove, a recently constructed multi-family residential development. This is a Developer contributed asset project, which is located approximately 2000’ south of the intersection of Bayshore Road and Indian Creek 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:

Approval. (#20061205 – Utilities)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Approve final acceptance, as a donation of one (1) 4’’ diameter fire line and one potable water service serving Villas Elementary Addition to provide potable water service and fire protection to the addition to this existing elementary school. This is a Developer Contributed asset project located on the northwest corner of Beacon Blvd and Trailwinds Drive.

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. (#20061211 – Utilities)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Approve final acceptance, by Resolution as a donation of one 4” diameter sanitary sewage force main connection serving Ragged Ass Saloon, to provide sanitary sewer to this existing commercial building. This is a Developer Contributed asset project located on the west side of Stringfellow Road approximately 300’ south of York Drive.

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. (#20061249 – Utilities)

 

 

(D)

ACTION REQUESTED/PURPOSE:

Approve final acceptance, by Resolution as a donation of water distribution and gravity collection systems to provide potable water service, fire protection and sanitary sewer service to Verandah-Mossy Oak and River Point, Phases 1 & 2, a phased residential development.  This is a Developer Contributed asset project located on the south side of State Road 80, approximately ½ mile east of State Road 31.

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. (#20061250 – Utilities)

 

 

(E)

ACTION REQUESTED/PURPOSE:

Accept petition from Greater Pine Island Water Association, Inc. (GPIWA) to increase the water system rate structure; and, authorize staff to advertise and schedule a public hearing for November 14, 2006 at 5:00 p.m. to adopt a resolution approving the schedule of fees increases for the Greater Pine Island Water Association, Inc. 

WHAT ACTION ACCOMPLISHES:

A public hearing is required for the purpose of adopting a resolution for increasing franchisee water system rates and charges.

Advertising and conducting a public hearing will allow consideration of increasing water system rates and charges for providing necessary revenue as recommended in the Water Tate Study performed by PRMG, Inc.

MANAGEMENT RECOMMENDATION:

Approval. (#20061252 – Utilities)

 

11.

PARKS AND RECREATION

 

(A)

ACTION REQUESTED/PURPOSE: 

Approve lease agreement between Crumbles Concessions and Lee County for the use of Lee County Lakes Regional Park concession building.  The agreement will be for one year with a one year renewal option.

WHAT ACTION ACCOMPLISHES:

Allows food and beverage sales (non-alcoholic) to occur in the currently unoccupied concession building at Lakes Park.

MANAGEMENT RECOMMENDATION:

Recommend approval. (#20061319 – Parks and Recreation)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Approve the Hickory Swamp Preserve (HSP) Land Stewardship Plan.

WHAT ACTION ACCOMPLISHES:

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

MANAGEMENT RECOMMENDATION: 

Approve the plan so Land Stewardship staff can begin implementation.

(#20061320 – Parks and Recreation)

 

12.

COUNTY ATTORNEY

 

(A)

ACTION REQUESTED/PURPOSE:

Approve Funding Agreement for Legal Aid between Lee County and the Fla. Rural Legal Services, Inc. funding of legal aid in the amount of $155,000.00 for the period of October 1, 2006 through September 30, 2007.

WHAT ACTION ACCOMPLISHES:

Finalizes the Funding Agreement with the Florida Rural Legal Services, Inc. for legal services to the indigent residents of Lee County in family law matters, home foreclosures, tenant problems, etc.

MANAGEMENT RECOMMENDATION:

Board of County Commissioners’ approval and execution is required to finalize the agreement with the Florida Rural Legal Services, Inc.  Authorize Chairman’s signature on the Funding Agreement. (#20061312 – County Attorney)

 

13.

HEARING EXAMINER

14.

PORT AUTHORITY

15.

CONSTITUTIONAL OFFICERS

 

(A)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – Claver. 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  (#20061336 – Clerk of Court)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – Claver. 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  (#20061337 – Clerk of Court)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – Knutson. 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  (#20061339 – Clerk of Court)

 

 

(D)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – Swearingen & Associates for Boyce and Murphy. 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  (#20061340 – Clerk of Court)

 

 

(E)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – International Asset Locator for Walton. 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  (#20061341 – Clerk of Court)

 

 

(F)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – Diaz. 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  (#20061342 – Clerk of Court)

 

 

(G)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – Nourse. 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  (#20061343 – Clerk of Court)

 

 

(H)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – Dewey Trust. 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  (#20061344 – Clerk of Court)

 

 

(I)

ACTION REQUESTED/PURPOSE:

Request Board approves disbursements. The check and wire registers can be reviewed on the 3rd floor of the County Administration Building. Florida Statute Chapter 136.06 (1) requires that all County disbursements be recorded in the Minutes of the Board.

WHAT ACTION ACCOMPLISHES:

Compliance with the requirements of FS 136.06 (1)

MANAGEMENT RECOMMENDATION:

Approve  (#20061347 – Clerk of Court)

 


ADMINISTRATIVE AGENDA

October 17, 2006

 

1.

COUNTY ADMINISTRATION

2.

CONSTRUCTION AND DESIGN

3.

COUNTY COMMISSIONERS

4.

COMMUNITY DEVELOPMENT

 

(A)

ACTION REQUESTED/PURPOSE: 

Authorize staff to formally object to the proposed annexation of the Zemel properties into the City of Cape Coral and authorize the County Attorney to file the appropriate challenge in Circuit Court.

WHAT ACTION ACCOMPLISHES: 

Provides the County standing for an eventual legal challenge to the annexations.

MANAGEMENT RECOMMENDATION: 

Authorize staff to formally object and the County Attorney to file the appropriate challenge.

(#20061227 – Community Development)

 

5.

HUMAN SERVICES

6.

INDEPENDENT

7.

PUBLIC SAFETY

8.

SOLID WASTE-NATURAL RESOURCES

9.

TRANSPORTATION

 

(A)

ACTION REQUESTED/PURPOSE:

Adopt the attached resolution that formally establishes uniform terms of office for the Lee County appointees and the Commissioner selection to the Southwest Florida Expressway Authority governing board.  Also, modify the authorization for the initial $150,000 of funding for the Authority to allow up to $25,000 of that amount to be used for any start-up or administrative costs.

WHAT ACTION ACCOMPLISHES:

Normalizes the starting date and subsequent term limits for the Lee County Commission representative, the Commission-appointed citizen representative, and the Governor-appointed citizen representative from Lee County on the Expressway Authority Board.  Provides limited spending flexibility for necessary start-up costs for the Authority.

MANAGEMENT RECOMMENDATION:

Approve. (#20061296 – Transportation)

 

10.

UTILITIES

11.

PARKS AND RECREATION

12.

COUNTY ATTORNEY

 

(A)

ACTION REQUESTED/PURPOSE:  

Accept offer of settlement in Gunnery Road Project, Lee County v. King, et al., Case No. 05CA-3028-I, parcels 177C-Hinspeter for $1,776.00, 190ABC-Fortana for $2,656.00 and 191ABC-Elliott for $3,674.00 with attorney fees of $1,024.98.

WHAT ACTION ACCOMPLISHES:   

Settles the case.

MANAGEMENT RECOMMENDATION: 

Approve settlement offer. (#20061309 – County Attorney)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Approve the Amendment to Resolution of Necessity for the acquisition and condemnation of Parcel 106-UE required for the Corkscrew Road Water Treatment Plant Expansion, Project No. 7097.

WHAT ACTION ACCOMPLISHES:

Allows the County to proceed with condemnation, if necessary, so the necessary parcels can be acquired for the expansion of the Corkscrew Road Water Treatment Plant Wellfield.

MANAGEMENT RECOMMENDATION: 

Approve. (#20061310 – County Attorney)

 

13.

HEARING EXAMINER

14.

PORT AUTHORITY

15.

CONSTITUTIONAL OFFICERS