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District #1 Bob Janes Vice Chair |
District #2 Douglas St. Cerny |
District #3 Ray Judah
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District #4 Tammy Hall Chairwoman |
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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October 31, 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 on the Internet at http://www.lee-county.com. Additional information is available in the Public Resources Office, 1st Floor, Administration Building, 2115 Second St., Fort Myers, FL
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 AM |
Invocation: |
Pastor Richard E. Riley |
Emmanuel Baptist Church |
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Pledge of Allegiance |
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Presentations: |
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CP 1 |
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Ceremonial Resolution recognizing Norman Love Confections (Commissioner Albion – #20061307) |
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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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Adjourn |
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October 31, 2006
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1. |
COUNTY ADMINISTRATION
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ACTION REQUESTED/PURPOSE: Present to the Board for information and filing the Object Code #504015 Expenditure Detail Report for the fourth quarter of FY05-06 (July through September 2006) as required by Lee County Ordinance #90-18. WHAT ACTION ACCOMPLISHES: Allows Board to monitor expenditures being made by County Departments and Divisions to this object code. MANAGEMENT RECOMMENDATION: (#20061382 – County Administration)
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ACTION REQUESTED/PURPOSE: Approve award from the Florida State Contract #250-000-03-01 (IT Hardware) for the Downtown Core Voice Switching Network to Shared Technologies Inc., for a total amount not-to-exceed $1,958,824.75 + a 5% contingency in the amount of $98,000.00 (to cover miscellaneous items, if needed). Further authorize an expenditure amount of $800,000.00 - $1,300,000.00 per year as new facilities come on-line. Also authorize Chairwoman to execute the Agreement upon receipt. WHAT ACTION ACCOMPLISHES: Provides a contractor to upgrade a 22+ year old telecommunication system to the Lee County Downtown Campus with state of the art technology. MANAGEMENT RECOMMENDATION: Staff Recommends (#20061384 – 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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ACTION REQUESTED/PURPOSE: Adopt resolution to amend Administrative Code AC-4-1, Purchasing and Payment Procedures Manual, and Administrative Code AC-4-4, Lee County Contracts Manual, to increase County Manager level of authorization for the Department of Human Services, Housing Services Program from $125,000 to $150,000 for the purchase and/or rehabilitation of housing units or vacant land for the construction or replacement of affordable and/or supportive housing. County Manager’s approval will still be required for purchases or rehabs above $50,000. WHAT ACTION ACCOMPLISHES: Increases the purchasing level which will allow the Department of Human Services to purchase properties and/or rehabilitate homes Not to Exceed, (NTE) $150,000. Rehabilitation and construction of homes will be bid and awarded to local contractors. Action will allow rehabilitation of existing homes or construction for resale to low income families as affordable housing and to restore safe, decent and affordable housing for low income Lee County homeowners. This action will also allow for the repair or replacement of housing damaged by hurricanes or construction of housing for persons with disabilities. MANAGEMENT RECOMMENDATION: Approve action as requested. (#20061372 – Human Services)
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6. |
INDEPENDENT
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ACTION REQUESTED/PURPOSE: Accept Perpetual Beach Storm Damage Reduction Easement for Parcel 96 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 (#20061313 – County Lands)
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ACTION REQUESTED/PURPOSE: Approve Purchase Agreement for acquisition of Parcel 102, Ortiz Avenue Project 4072, in the amount of $115,000, pursuant to the terms and conditions set forth in the 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 Board must accept all real estate conveyances to Lee County. MANAGEMENT RECOMMENDATION: Approve. (#20061355 – County Lands)
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ACTION REQUESTED/PURPOSE: Accept two Perpetual Drainage Easements necessary for the Harbor Drive Road Paving MSBU for pavement of Harbor Drive; authorize the Division of County Lands to handle and accept all documentation necessary; authorize payment of mortgage subordination and recording fees. WHAT ACTION ACCOMPLISHES: Acquisition of drainage easements required for the Harbor Drive Road Paving MSBU Project. MANAGEMENT RECOMMENDATION: Management recommends Board approve the Action Requested. (#20061387 – County Lands)
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7. |
PUBLIC SAFETY
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8. |
SOLID WASTE-NATURAL RESOURCES
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ACTION REQUESTED/PURPOSE: Approve the award of Project # PB070029, the purchase of two Caterpillar Model 924G’s and one Caterpillar Model 950H wheel loaders for Solid Waste, from Kelly Tractor Company, at the Florida Sheriffs Association Bid price (including non-contract options) of $465,936.00. The base price on each of the 924G’s is $95,032.00, with $23,519.00 in contract options, $20,334.00 in non-contract options for a total of $128,287.00 with a grand total of $256,574.00 for two units. The base price on the 950H is $159,618.00, with $14,439.00 in contract options and $35,305.00 in non-contract options, for a total of $209,362.00. WHAT ACTION ACCOMPLISHES: The 924G’s will provide primary equipment at the solid waste stations in LaBelle and Clewiston. The 950H will do the same for the C & D recycling operations at the Lee/Hendry County landfill. MANAGEMENT RECOMMENDATION: Approve as stated. (#20061389 – Solid Waste)
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ACTION REQUESTED/PURPOSE: Execute Joint Funding Agreement No. 07E0FL208012 with the U.S. Geological Survey for Water Resource Investigations for the period October 1, 2006 through September 30, 2007. The total project cost for the Cooperative Data Collection Program is $177,723. The U.S. Geological Survey is providing $65,091 and Lee County’s cooperative share totals $111,665. Approve transfer from Surface Water Management Reserves in the amount of $25,665 to cover additional costs for new station at Telegraph Creek in the Natural Resources/Surface Water Management Business Unit, OC5379014600. Funds will be available. WHAT ACTION ACCOMPLISHES: Provides mechanism to continue cooperative work with U.S. Geological Survey and Lee County which provides critical data for hydrologic modeling and assessment of flood conditions. MANAGEMENT RECOMMENDATION: Staff recommends approval. (#20061407 – Natural Resources)
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TRANSPORTATION
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ACTION REQUESTED/PURPOSE: Request that the board approve the attached agreement between Lee County and Sanibel Beautification, Inc. and authorize the Chairwoman to execute the agreement. WHAT ACTION ACCOMPLISHES: Executes an agreement that establishes the terms, conditions, and responsibilities of both parties for a matching funds grant from the Landscaping Funds Program (AC 11-08). This will provide the Sanibel Beautification, Inc. with funding for a landscaping project that is a component of their Periwinkle Way Restoration Corridor Master Plan. MANAGEMENT RECOMMENDATION: Approve request. (#20061392 – Transportation)
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ACTION REQUESTED/PURPOSE: Approve transfer from reserves in the Transportation Facilities-Sanibel Surplus Construction Fund in the amount of $1.1 million for Supplemental Agreement No. 9 for the Sanibel Bridge Replacement Project (5814). Also amend FY07-11 CIP. WHAT ACTION ACCOMPLISHES: Allows Sanibel surplus tolls be utilized rather than renewal and replacement funds. MANAGEMENT RECOMMENDATION: Approve (#20061394 – Transportation)
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ACTION REQUESTED/PURPOSE: Direct to two public hearings the proposed designation of Treeline Boulevard/Ben Hill Griffin Parkway as a controlled access facility between Daniels Parkway and Alico Road. WHAT ACTION ACCOMPLISHES: The Land Development Code requires that the Board adopt resolutions that designate roadways as controlled access facilities utilizing the same process applicable to the adopting of ordinances affecting the use of land. MANAGEMENT RECOMMENDATION: Direct to two public hearings on November 14, 2006, and November 28, 2006, at 5:05 p.m. (#20061410 – Transportation)
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10. |
UTILITIES
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ACTION REQUESTED/PURPOSE: Approve final acceptance, by Resolution and recording of one (1) Utility Easement, as a donation of water distribution, gravity collection system and reuse meter station to provide potable water service, fire protection, sanitary sewer service and effluent reuse to The Meadows of Estero, a residential development. This is a Developer Contributed asset project located approximately 600’ west of US 41 between Pelican Sound Boulevard and 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: Approval. (#20061298 – Utilities)
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ACTION REQUESTED/PURPOSE: Approve final acceptance, by Resolution as a donation of water and gravity main extensions to provide potable water service, fire protection and sanitary sewer service to Bella Terra, Phases 3D-1 & 3D-2, two phases of a this residential development. This is a developer contributed asset project located on the south side of Corkscrew Road, approximately 1 2/3 mile east of Alico Road in Estero. WHAT ACTION ACCOMPLISHES: Places the potable water and sanitary sewer facilities into operation and complies with the Lee County Utilities Operations Manual. MANAGEMENT RECOMMENDATION: Approval. (#20061346 – Utilities)
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ACTION REQUESTED/PURPOSE: Declare an Emergency (E-06-05) and approve an after-the–fact expenditure to Siemens Water Technologies Corp. in the amount of $123,842.00 for emergency repairs for bridge rehab to North and South clarifiers (complete rebuild and coating installation). WHAT ACTION ACCOMPLISHES: Provides Lee County with a Contractor to make emergency repairs for the bridge rehab to North and South clarifiers MANAGEMENT RECOMMENDATION: Approval recommended. (#20061375 – Utilities)
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ACTION REQUESTED/PURPOSE: Approve final acceptance, by Resolution, as a donation of water main extension to provide potable water service and fire protection to Moody River Estates (Phase 1) Hancock Bridge Parkway/Skyline Drive Tie-In, a phased residential development. This is a Developer contributed asset project located on the south side of Hancock Bridge Parkway approximately ½ mile east of Orange Grove 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. (#20061376 – Utilities)
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ACTION REQUESTED/PURPOSE: Approve final acceptance, by Resolution as a donation of water and gravity main extensions to provide potable water service, fire protection and sanitary sewer service to Verandah-Lakeview West, 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. (#20061377 – 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 6’’ diameter fire line, one fire hydrant, and one 2’’ diameter water service serving Sea Breeze Lofts, to provide potable water service and fire protection to this recently constructed 18-unit, multi-family residential development. This is a Developer Contributed asset project located on the northeast corner side of Peppertree Drive and Laguna 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. (#20061378 – Utilities)
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ACTION REQUESTED/PURPOSE: Approve construction of water distribution and gravity collection systems serving Florida Community Bank, to provide potable water service, fire protection and sanitary sewer service to this proposed bank building and adjacent commercial subdivision. This is a Developer Contributed asset project located on the north side of Palm Beach Boulevard (Sate Road 80) approximately ¾ of a mile west of SR31. 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. (#20061379 – Utilities)
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ACTION REQUESTED/PURPOSE: Approve Supplemental Task Authorization No. 1, under Contract #2936, for CN-04-14 MISCELLANEOUS UTILITY ENGINEERING DESIGN AND/OR INSPECTION SERVICES, for the project known as “Lee County Utilities Sewer Cleaning & Televising Project”, in the amount of $218,500.00, to LBFH Inc.(formally Ink Engineering). Also authorize Chairwoman to execute STA #1 on behalf of the Board. WHAT ACTION ACCOMPLISHES: Provide a Consultant for sewer cleaning & televising in the Fort Myers Central Sewer District. MANAGEMENT RECOMMENDATION: Staff recommends approval. (#20061383 – Utilities)
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11. |
PARKS AND RECREATION
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ACTION REQUESTED/PURPOSE: Award B-06-36 LAKES PARK WATER FEATURE, to the low bidder meeting all bidding requirements, Aquamarine Swimming Pool Company, for a lump sum amount of $389,000.00, with a final project completion time of 120 days. Also, authorize Chairwomen to execute agreement on behalf of the Board upon receipt. This project is in the CIP Budget and funds are available. WHAT ACTION ACCOMPLISHES: Provides Lee County with a contractor to furnish all labor, engineering, materials and equipment for the complete installation of a 4,000’ water feature to be located at Lakes Park 7330 Gladiolus Drive Fort Myers FL. MANAGEMENT RECOMMENDATION: Staff recommends approval (#20061402 – Parks and Recreation)
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12. |
COUNTY ATTORNEY
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ACTION REQUESTED/PURPOSE: Direct to two public hearings proposed amendments to Chapters 10 and 34 of the Land Development Code (LDC) that provide an administrative variance procedure to address certain nonconformities resulting from the exercise of eminent domain by a governmental authority. WHAT ACTION ACCOMPLISHES: a) Provides administrative relief to owners of improved property whose remaining property has been rendered nonconforming as to signs, landscaping, buffers, and open space; and, b) may reduce money that governmental authorities must pay in damages to owners of property. MANAGEMENT RECOMMENDATION: Direct to public hearings on November 14 and November 28, 2006 at 5:05 p.m. (#20061403 – 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: Present for information purposes. WHAT ACTION ACCOMPLISHES: To provide interim reporting on selected funds and revenues of the Lee County Board of County Commissioners. Included in the report in compliance with Chapter 218.415 Florida Statutes, Local Government Investment policies, is the stated and fair market value of the investments managed by the Clerk’s Office, pursuant to Lee County Ordinance 02-28 activity for the Driver’s Education Safety Trust Funds. The purpose of this report is to convey to you the financial status of selected significant funds of the Lee County Board of County Commissioners and the status of specific revenues as of the stated dates and the market value of the investments managed by the Clerk’s Office on behalf of the Board. MANAGEMENT RECOMMENDATION: Approve (#20061422 – Clerk of Court)
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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 (#20061423 – Clerk of Court)
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October 31, 2006
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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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ACTION REQUESTED/PURPOSE: Approve an agreement with the East Lee County Council, Inc. to provide financial support up to $37,500 for the drafting of Land Development Code regulations to implement the Caloosahatchee Shores Community Plan. WHAT ACTION ACCOMPLISHES: Provides funding to the East Lee County Council to offset costs for the drafting of Land Development Code regulations specific to the Caloosahatchee Shores planning area. MANAGEMENT RECOMMENDATION: Approve. (#20061365 – Community Development)
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ACTION REQUESTED/PURPOSE: Approve an agreement with the East Lee County Council, Inc. to provide financial support up to $37,500 for the drafting of Land Development Code regulations to implement the Palm Beach Boulevard Community Plan. WHAT ACTION ACCOMPLISHES: Provides funding to the East Lee County Council to offset costs for the drafting of Land Development Code regulations specific to the Palm Beach Boulevard planning area. MANAGEMENT RECOMMENDATION: Approve. (#20061366 – Community Development)
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ACTION REQUESTED/PURPOSE: Approve an agreement with the East Lee County Council, Inc. to provide financial support up to $25,000 to complete a planning study for the development of overlay districts for Olga and the SR 31 corridor. WHAT ACTION ACCOMPLISHES: Provides funding to the East Lee County Council to offset costs for a planning study for the development of overlay districts for Olga and the SR 31 corridor. MANAGEMENT RECOMMENDATION: Approve. (#20061390 – Community Development)
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5. |
HUMAN SERVICES
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6. |
INDEPENDENT
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7. |
PUBLIC SAFETY
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8. |
SOLID WASTE-NATURAL RESOURCES
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ACTION REQUESTED/PURPOSE: Consider, approve and authorize the Chairman to sign Amendment No. 2 to the Amended and Restated Solid Waste Disposal Contract (Original Lee Contract No. C940234) and Amendment No. 2 to the Amended and Restated Solid Waste Disposal Extension Agreement (Lee Contract No. 2061). The ‘Contract’ and the ‘Extension Agreement’ are between Lee County, Fl. and Waste Management, Inc. of Florida (WMI). WHAT ACTION ACCOMPLISHES: For the Gulf Coast Landfill: Removes the contractual limitation of construction debris (Class III) landfill activities for the WMI property and provides a host fee for Lee County. For the Lee/Hendry Landfill: Provides for early termination of WMI’s operations of the Lee Hendry landfill. MANAGEMENT RECOMMENDATION: Staff recommends approval of the motion. (#20061406 – Solid Waste)
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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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ACTION REQUESTED/PURPOSE: Approve a Grant Agreement between the Sierra Club (National) and the Board of County Commissioners to challenge the issuance of the Federal Permit (under Section 404 of the Clean Water Act) and the final Environmental Impact Statement (“FEIS”) for the 16,000 acre “Ona” Phosphate Mine. WHAT ACTION ACCOMPLISHES: Provides Grant funding up to $150,000.00 to the Sierra Club to pursue legal action(s) concerning the issuance of the Section 404 Permit and FEIS for the “Ona” Mine. MANAGEMENT RECOMMENDATION: Consider approval of the Grant Agreement. (#20061244 – County Attorney)
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ACTION REQUESTED/PURPOSE: Approve mediated settlement in Lee County v. Lamar Advertising Co., Case No. 06CA-1713-I. WHAT ACTION ACCOMPLISHES: Settles dispute regarding relocation of billboard. MANAGEMENT RECOMMENDATION: Approve settlement agreement. (#20061399 – County Attorney)
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ACTION REQUESTED/PURPOSE: Approve the Resolution of Necessity for the acquisition and condemnation of a five acre parcel Strap No. 05-46-25-00-00002.0090, required for the Alico Road Widening Project No. 4030. WHAT ACTION ACCOMPLISHES: Allows the County to proceed with condemnation, if necessary, so the necessary parcel can be acquired to improve water quality and comply with required special conditions set forth in the Alico Road Project #4030 permit. MANAGEMENT RECOMMENDATION: Approve (#20061400 – County Attorney)
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HEARING EXAMINER
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PORT AUTHORITY
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CONSTITUTIONAL OFFICERS
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October 31, 2006
CONTINUATION OF ADMINISTRATIVE AGENDA
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ACTION REQUESTED/PURPOSE: Deny six requested appeals of administrative determination of the Lee Plan under the Single Family Determination provisions, as filed by Attorney Beverly Grady (Roetzel & Andress Law Firm) on behalf of property owner Compass Rose Venture, LLC, and SG Investments, Inc. WHAT ACTION ACCOMPLISHES: Upholds the determination by the Administrative Designee that the property owner is not entitled to favorable Administrative Interpretations under the provision set forth in Chapter XIII of the Lee Plan to construct a single-family residence on each of the six properties that are the subject of this appeal. MANAGEMENT RECOMMENDATION: Deny (#20061353 – County Attorney)
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October 31, 2006
Walk On |
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ACTION REQUESTED/PURPOSE:
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