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

 

Robert W. Gray,

Deputy County Attorney

 

 

December 14, 2004

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 Alexander Waters

Jerusalem Missionary Baptist Church

 

 

 

 

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

 

 

9:30 AM

or as soon thereafter as it may be heard

Public Hearing

ACTION REQUESTED: Consider the recommendation of Special Magistrate, C. Laurence Keesey issued in response to the Request for Relief filed on behalf of Prentiss Pointe, Ltd, Co. with regard to the Prentiss Pointe Residential Planned Development approved by the Board in February 2004.  (#20041531-County Attorney)

 

 

 

Walk-ons and Carry-overs

 

 

 

Commissioners' Items/Committee Appointments

 

 

 

County Manager Items

 

 

 

County Attorney Items

 

 

 

Adjourn until 5:00 PM


CONSENT AGENDA

December 14, 2004

 

1.

COUNTY ADMINISTRATION

 

 

(a)

ACTION REQUESTED:

Approve Resolution for project number LC-04-09-01 as a qualified applicant for the State Qualified Target Industry Tax Refund program pursuant to s288.106, Florida Statute as recommended by the Lee County Industrial Development Authority (IDA), on October 15, 2004.

WHY ACTION IS NECESSARY:

State law requires County to demonstrate support prior to application to the State.

WHAT ACTION ACCOMPLISHES:

Provide a 20% local match not to exceed $18,400 over four years, as inducement, providing the application is approved and the company locates in Lee County.  (#20041565-Economic Development)

 

 

(b)

ACTION REQUESTED:

Approve and authorize Chairman to execute interlocal agreements between Lee County and the City of Cape Coral for two (2) separate Lee County Tourist Development Council Beach & Shoreline CIP projects.

WHY ACTION IS NECESSARY:

The Board of County Commissioner must approve all agreements.

WHAT ACTION ACCOMPLISHES:

Provides a mechanism to reimbursement the City of Cape Coral with TDC beach and shoreline capital improvement program funds.  (#20041603-VCB)

 

 

(c)

ACTION REQUESTED:

Approve and authorize Chairman to execute interlocal agreement between Lee County and the Town of Fort Myers Beach for beach maintenance funded by the Lee County Tourist Development Council beach and shoreline program.

WHY ACTION IS NECESSARY:

The Board of County Commissioner must approve all interlocal agreements.

WHAT ACTION ACCOMPLISHES:

Provides a mechanism to reimburse the Town of Fort Myers Beach for the maintenance of beach accesses with Tourist Development Council beach and shoreline funds.  (#20041604-VCB)

 

2.

CONSTRUCTION AND DESIGN

 

 

(a)

ACTION REQUESTED:

Approve Change Order No. 42 for RFQ-01-07, LEE COUNTY FIREARMS TRAINING FACILITY, Contract 2025, with Casey Construction in the amount of $59,900.00.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Provides this project with additional funds needed due to cover the telephone system at the Lee County Gun Range.  (#20041636-Construction and Design)

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(a)

ACTION REQUESTED:

Accept a Petition to Vacate a 50-foot wide County Road Right-of-Way Easement located on Lot 10, Plan of Riverside subdivision, south of and abutting 27071 S. Riverside Dr., Bonita Springs, Florida, and adopt a resolution setting a Public Hearing for 5:00 PM on the 11th day of January 2005.  (Case No. VAC2004-00057)

WHY ACTION IS NECESSARY:

To provide for the conveyance of ownership of the lot to the petitioner.  The vacation 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.

WHAT ACTION ACCOMPLISHES:

Setting the time and date of the Public Hearing.  (S35-T47S-R25E)  (#5)  (#20041561-Development Services)

 

 

(b)

ACTION REQUESTED:

Accept a Petition to Vacate six (6) 12-foot wide Public Utility and Drainage Easements at Pangola Dr., North Fort Myers, Florida, located off of Orange Grove Blvd, which intersects Hancock Bridge Parkway, and adopt a resolution, setting a Public Hearing for 5:00 PM on the 11th day of January 2005.  (Case No. VAC2004-00054)

WHY ACTION IS NECESSARY:

To build six (6) single-family residences on the combined 12 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.

WHAT ACTION ACCOMPLISHES:

Sets the time and date of the Public Hearing.  (S9-T44S-R24E)  (#4)  (#20041569-Development Services)

 

 

(c)

ACTION REQUESTED:

Accept a Petition to Vacate a 12-foot wide Public Utility Easement located at 3314  66th St. W., Lehigh Acres, Florida 33971, and adopt a resolution, setting a Public Hearing for 5:00 PM on the 11th day of January 2005.  (Case No. VAC2004-00025)

WHY ACTION IS NECESSARY:

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.

WHAT ACTION ACCOMPLISHES:

Sets the time and date of the Public Hearing.  (S2-T44S-R26E)  (#5)  (#20041597-Development Services)

 

 

(d)

ACTION REQUESTED:

Authorize an extension, from December 31,2004, to May 30, 2005, for Contract C-2410 between the Board of County Commissioners and the Cape Coral Housing Rehabilitation and Development Corporation (CCHRDC)

WHY ACTION IS NECESSARY:

This contract extension is technical in nature and will allow for more time for CCHRDC to complete its contractual obligations to the county.

WHAT ACTION ACCOMPLISHES:

Extends the grant award agreement, allowing additional time for CCHRDC to use SHIP funds to present two (2) workshops in Lee County (outside the City of Cape Coral).  (#20041599-Planning)

 

 

(e)

ACTION REQUESTED:

Authorize an extension, from December 31,2004, to May 30, 2005, for Contract C-2421 between the Board of County Commissioners and Community Housing & Resources, Inc. (CHR).

WHY ACTION IS NECESSARY:

This contract extension is technical in nature and will allow for more time for CHR to complete its contractual obligations to the county.

WHAT ACTION ACCOMPLISHES:

Extends the grant award agreement, allowing additional time for CHR to use SHIP funds to construct Woodhaven – a 12 unit below market rate rental housing project on Sanibel.  (#20041632-Planning)

 

 

(f)

ACTION REQUESTED:

Adopt a Resolution that consents to the actions taken by the Housing Finance Authority of Lee County, Florida pertaining to the issuance of Multi-Family Mortgage Revenue Bonds Series 2004 for the Rolling Green South Apartments in Sarasota.

WHY ACTION IS NECESSARY:

Ratification of such action is required under Florida Statutes Chapter 159.

WHAT ACTION ACCOMPLISHES:

Action will allow the Housing Finance Authority of Lee County, Florida to issue its Mortgage Revenue Bonds for multi-family financing and to provide housing opportunities for low, moderate and middle income families in Sarasota County, Florida.  (#20041642-Planning)

 

5.

HUMAN SERVICES

 

 

(a)

ACTION REQUESTED:

Approve Program Amendments to Lee County's HUD CDBG Program for HUD Fiscal Year 2004 activities and authorize the Chairman to sign the HUD Transmittal Letter and sub recipient contracts if any.

WHY ACTION IS NECESSARY:

HUD and the Lee County Board of County Commissioners require review and approval of any substantial changes in CDBG projects.  This approval will allow staff to proceed with the eligible neighborhood projects.

WHAT ACTION ACCOMPLISHES:

Allows for reallocation of funds to prioritized activities.  (#20041600-Human Services)

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Approve Purchase Agreement for acquisition of Parcel 210, Three Oaks Parkway South Extension Project No. 4043, in the amount of $100,000; authorize payment of costs to close and the Division of County Lands to handle all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

The Board must accept all real estate conveyances to Lee County.

WHAT ACTION ACCOMPLISHES:

The Board avoids Eminent Domain. (#20041528-County Lands)

 

 

(b)

ACTION REQUESTED:

Authorize: (1) approval of Easement Purchase Agreement for acquisition of Parcel 188, Gunnery Road Widening. Project 4055, in the amount of $500.00; (2) Chairman, on behalf of the Board, to sign the Purchase Agreement; (3) payment of costs and fees to close; (4) Division of County Lands to handle and accept all documentation necessary to complete this transaction.

WHY ACTION IS NECESSARY:

The Board must accept all real estate conveyances to Lee County.

WHAT ACTION ACCOMPLISHES:

Allows the County to proceed with the project without resorting to Eminent Domain proceedings.  (#20041539-County Lands)

 

 

(c)

ACTION REQUESTED:

Approve an extension to close the Real Estate Sales Agreement between Lee County and Shady Rest Care Pavilion, Inc., a Florida non-profit corporation, for a period of 60 days.  Terms of the existing Agreement to remain in effect.

WHY ACTION IS NECESSARY:

Shady Rest Care Pavilion, Inc. needs additional time to secure their financing.

WHAT ACTION ACCOMPLISHES:

Extends the time period to close this transaction.  (#20041585-County Lands)

 

 

(d)

ACTION REQUESTED:

Accept ten Quit-Claim Deeds for right-of-way necessary for the Dewberry Lane Special Improvement MSBU for maintenance of existing roads and streetlights; authorize the Division of County Lands to handle and accept all documentation necessary; authorize payment of recording fees.

WHY ACTION IS NECESSARY:

Dewberry Lane is currently a privately owned road and the County cannot initiate maintenance without obtaining ownership.

WHAT ACTION ACCOMPLISHES:

Acquisition of right-of-way via Quit-Claim Deeds from benefited property owners.  (#20041610-County Lands)

 

 

(e)

ACTION REQUESTED:

Approve lease with Patricia M. Andrus, Trustee for 3,964 square feet of space at 5711 Independence Circle, Ft. Myers, Florida to be occupied by Lee County Transit for their ADA Paratransit facility.  Lease is for five years with one, five year renewal under the same terms and conditions.  Lease cost will be $9.85 per square foot per year or $39,045.40 for the first year with a CAM of $1.65 per square foot per year, or $6,540.60 for the first year.  Rental costs will increase 3% annually.  Lease can be terminated by giving the Lessor nine months advance written notice.

WHY ACTION IS NECESSARY:

Board must approve all lease agreements.

WHAT ACTION ACCOMPLISHES:

Provides space to accommodate the extra employees needed to operate the ADA paratransit offices and its functions.  (#20041615-Transit)

 

 

(f)

ACTION REQUESTED:

Adopt the 2004 annual update to the Lee County Transit Development Plan, originally adopted by the BOCC on December 16, 2003.

WHY ACTION IS NECESSARY:

A Transit Development Plan is required by the State of Florida Department of Transportation (FDOT) for continued funding assistance for the operation of mass transit in Lee County.  This plan is required to be updated on an annual basis.

WHAT ACTION ACCOMPLISHES:

Satisfies the FDOT planning requirement, and provides a moderate growth plan for LeeTran which is consistent with the Lee County Metropolitan Planning Organization (MPO) 2020 Transportation Plan.  (#20041622-Transit)

 

 

(g)

ACTION REQUESTED:

Approve Budget Amendment Resolutions (3) for the Cottage Point Loan MSBU Fund # 26060, the Country/Triple Crown Loan MSBU Fund # 26069, and the MSTBU Operating Fund # 10401.

WHY ACTION IS NECESSARY:

BOCC approves all Budget Amendments

WHAT ACTION ACCOMPLISHES:

Will create the budget for the debt service funds from which payments are made.  (#20041625-MSTBU Services)

 

 

(h)

ACTION REQUESTED:

Approve Change Order No. 13 to Lee County Contract No. 2778 with Atos Origin under CN-02-28 Information Technology & Telecommunications Outsourcing Services, to continue support for the installation and monitoring of the downtown fiber Sonet ring and other ongoing fiber projects (continuation of Change Order No. 5) in the amount of $90,840.00 with an extension of time for 12 months (December 1, 2005).  Also request Board authorize staff to approve any renewal options needed, beyond December 1, 2005, to complete these projects at the monthly rate of $7,570.00.

WHY ACTION IS NECESSARY:

Board approval required for funds expenditure greater than $50,000.

WHAT ACTION ACCOMPLISHES:

Provides a continuation of support services required to complete the installation and monitoring of the downtown Fiber Sonet ring project and other ongoing fiber projects.  (#20041627-ITG)

 

7.

PUBLIC SAFETY

 

 

(a)

ACTION REQUESTED:

Authorize Chairman to sign an interlocal agreement establishing a governing and administrative structure for the Southwest Florida Urban Search and Rescue Team, and appoint the Public Safety Director as the County’s representative to the governing structure.

WHY ACTION IS NECESSARY:

Interlocal agreements require Board approval.

WHAT ACTION ACCOMPLISHES:

Provides a joint participation agreement for the governing bodies supporting the urban search and rescue team to sponsor and share in the team’s administration.  (#20040807-Emergency Management)

 

8.

SOLID WASTE-NATURAL RESOURCES

 

 

(a)

ACTION REQUESTED:

Execute Amendment No. 1 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.  Approve budget amendment in the amount of $2,930,160 for NRCS–Hurricane Charley, Project No. 0767 and approve transfer from General Fund Reserves in the amount of $678,387 for Lee County contribution.

WHY ACTION IS NECESSARY:

Board approval required for all agreements and amendments thereto and transfers from reserves.

WHAT ACTION ACCOMPLISHES:

Provides additional funding for contract operations to remove debris from canals and waterways in Lee County resulting from Hurricane Charley and extends contract completion date to May 1, 2005.  (#20041634-Natural Resources)

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Approve Supplemental Task Authorization No. 2 under CN-04-09 MISCELLANEOUS STRUCTURAL ENGINEERING SERVICES–Sanibel Causeway Inspections Services–in the amount of $79,300.00 to Kisinger Campo & Associates, Contract No. 2842.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Compensates Consultant to perform thirteen (13) monthly visual field inspections of the pre-stressed beams on watch list spans on Bridge No.’s 124041, 124042 and 124043 and for the performance of two (2) bi-annual inspections of the pre-stressed beams in the low level spans on Bridge No.’s 124041, 124042 and 124043 (Sanibel Causeway).  (#20041563-Transportation)

 

 

(b)

ACTION REQUESTED:

Approve an after-the-fact emergency E-04-02 Emergency Repairs, Sanibel Bridge Span C, to Zep Construction Inc., for the not-to-exceed amount of $440,000.00.

WHY ACTION IS NECESSARY:

Board approval is required.

WHAT ACTION ACCOMPLISHES:

Provides for the emergency repairs Sanibel Bridge Span.  (#20041589-Transportation)

 

 

(c)

ACTION REQUESTED:

Approve Change Order No. 2 to Contract #2318, with Hardesty & Hanover, LLP, for CN-02-14 Sanibel Island Causeway Improvements, Causeway Reconstruction and Replacement of Structure A, for a total not-to-exceed amount of $139,560.00.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Allows for the complete design services and to handle construction support services.  (#20041592-Transportation)

 

 

(d)

ACTION REQUESTED:

Approve Supplemental Agreement No.5, for RFQ-03-03 Sanibel Bridge & Toll Plaza Reconstruction along with Cape Coral Toll Plaza (Span A), with Jacobs Construction Services, Inc. (Contract #2632) to include the Guaranteed Maximum Price (GMP) in the amount of $42,411,645 (includes Phase CM Fee of $2,019,602 which is 5%) and the Construction Inspection Services in the amount of $1,431,951. Additionally, request Board approve waiving of any formal process (if needed) and authorize the use of the Direct Material Purchase Orders based on CM’s competitive process, which allows the County to purchase directly from suppliers of equipments and/or materials as a cost/time saving measure.  Approve a budget transfer for $9,000,000 to move budget from Sanibel Toll Plaza project to Sanibel Bridge Replacement project and amend the FY04-05 CIP accordingly.

WHY ACTION IS NECESSARY:

Board approval is required.

WHAT ACTION ACCOMPLISHES:

Allows for the bridge, roadway, seawalls and all associated appurtenances for the construction of the Sanibel Bridge project Span A.  (#20041631-Transportation)

 

10.

UTILITIES

 

 

(a)

ACTION REQUESTED:

Approve construction of a gravity main extension, serving CODY Lee Road EXTENSION.  This is a Developer contributed asset and the project is located on the south side of Daniels Parkway approximately 1,000 feet west of Fiddlesticks Boulevard.

WHY ACTION IS NECESSARY:

To provide sanitary sewer service to this proposed future commercial development.

WHAT ACTION ACCOMPLISHES:

Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Operations Manual.  (#20041514-Utilities)

 

 

(b)

ACTION REQUESTED:

Approve construction of a water main, force main extension, and lift station serving Estero Community Park. This is a Lee County Department of Construction and Design contributed asset and the project is located approximately ¼ mile south of Corkscrew Road on Corkscrew Palms Blvd.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection and sanitary sewer service to this proposed Park.

WHAT ACTION ACCOMPLISHES:

Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Operations Manual.  (#20041516-Utilities)

 

 

(c)

ACTION REQUESTED:

Approve construction of water main and gravity main extensions serving Moody River Estates, Parcel ‘B’. This is a Developer contributed asset project located on the south side of Hancock Bridge Parkway approximately ½ mile east of Orange Grove Blvd.

WHY ACTION IS NECESSARY:

To provide potable water, fire protection and sanitary sewer service to this phase of the proposed residential subdivision.

WHAT ACTION ACCOMPLISHES:

Complies with the Lee County Utilities line extension policy and provides adequate utility infrastructure to support development of this phase of the subject property.  (#20041517-Utilities)

 

 

(d)

ACTION REQUESTED:

Approve construction of water main and gravity main extensions serving Moody River Estates, Parcel ‘C’. This is a Developer contributed asset project located on the south side of Hancock Bridge Parkway approximately ½ mile east of Orange Grove Blvd.

WHY ACTION IS NECESSARY:

To provide potable water, fire protection and sanitary sewer service to this phase of the proposed residential subdivision.

WHAT ACTION ACCOMPLISHES:

Complies with the Lee County Utilities line extension policy and provides adequate utility infrastructure to support development of this phase of the subject property.  (#20041518-Utilities)

 

 

(e)

ACTION REQUESTED:

Approve construction of water main and gravity main extensions serving Moody River Estates, Parcel ‘D’. This is a Developer contributed asset project located on the south side of Hancock Bridge Parkway approximately ½ mile east of Orange Grove Blvd.

WHY ACTION IS NECESSARY:

To provide potable water, fire protection and sanitary sewer service to this phase of the proposed residential subdivision.

WHAT ACTION ACCOMPLISHES:

Complies with the Lee County Utilities line extension policy and provides adequate utility infrastructure to support development of this phase of the subject property.  (#20041519-Utilities)

 

 

(f)

ACTION REQUESTED:

Approve construction of a water distribution and gravity collection system serving Winkler Preserve.  This is a Developer contributed asset and the project is located on the east side of Winkler Road Extension approximately 1.5 miles south of Summerlin Road.

WHY ACTION IS NECESSARY:

To provide potable water service, fire protection and sanitary sewer service to this proposed residential subdivision.

WHAT ACTION ACCOMPLISHES:

Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Operations Manual.  (#20041520-Utilities)

 

 

(g)

ACTION REQUESTED:

Approve construction of a water main extension serving Marshall’s Estero River Groves, Lots 1 & 2.  This is a Developer contributed asset project located along the east side of U.S. 41 South approximately ½ mile north of Corkscrew Road.

WHY ACTION IS NECESSARY:

To provide potable water service and fire protection to this proposed commercial development.

WHAT ACTION ACCOMPLISHES:

Complies with the Lee County Utilities line extension policy and provides adequate utility infrastructure to support development of this phase.  (#20041521-Utilities)

 

 

(h)

ACTION REQUESTED:

Authorize the chairman, on behalf of the BOCC, to execute and approve the recording of an Amendment to the “Agreement for the Delivery and Use of Reclaimed Effluent Water” to the Lexington Country Club, Lee County Contract No. 881112, reflecting the name change of the owner to Lexington Communities Association, Inc.

WHY ACTION IS NECESSARY:

The original agreement was with Stoneybrook, A Florida Partnership that was amended in 1995 to reflect a new owner, Worthington Communities, Inc.   Lexington Community Association, Inc. has become the current record titleholder of the property being served with reclaimed water.  Since the agreement runs with the land, the name change must be properly filed with the official records of Lee County, by recording an amended agreement.

WHAT ACTION ACCOMPLISHES:

Transfers the terms of the agreement to the new name of Lexington Community Association, Inc.  (#20041523-Utilities)

 

 

(i)

ACTION REQUESTED:

1) Approve the annual software support fee payment in the amount of $100,425 to Alliance Data Systems (formerly Orcom Solutions, Inc.), which will provide support in calendar year 2005 for the Utilities Billing System, Enterprise Customer Information System (E-CIS); and, 2) Authorize the Chairman, on behalf of the BOCC, to approve the Alliance Data Systems (formerly Orcom Solutions) Change Order No. 16 in the amount of $100,425.00 for Contract 732, which will provide support in calendar year 2005 for the Utilities Billing System, Enterprise-Customer Information System (E-CIS.)

WHY ACTION IS NECESSARY:

Provides for e-Support communications to allow Lee County Utilities (LCU) users to report support needs via the internet and monitor progress of the issues reported.  Provides for Orcom staff to sign onto system directly via the internet to resolve problems or conditions.  Provides telephone support for procedural questions; corrections and modifications to the software and minor improvements to existing features of the software; and, Help Desk Support 24 hours per day.

WHAT ACTION ACCOMPLISHES:

Provides Lee County Utilities Customer Service users with 24 hours per day Utility Billing software support, corrections and modifications for calendar year 2005.  Covers all data environments on the LCU AS400, LCU customer accounts and test and training environments.  (#20041571-Utilities)

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

 

(a)

ACTION REQUESTED:

Approve the Lease Agreement between San Carlos Park Fire Protection and Rescue Service District and Lee County for use of certain District Facilities

WHY ACTION IS NECESSARY:

The Board must approve the Lease Agreements.

WHAT ACTION ACCOMPLISHES:

Allows Lee County Emergency Medical Services (EMS) to lease facilities from the District in order to house ambulances and crews. The location of the leased facility will help EMS improve response times to emergency calls.  (#20041612-County Attorney)

 

 

(b)

ACTION REQUESTED:

Approve a request for a license to allow the placement of a storm sewer (drainage pipe) in a portion of the Plantation Road right-of-way and authorize the Chairman to execute the license.

WHY ACTION IS NECESSARY:

Board approval is necessary to authorize the license

WHAT ACTION ACCOMPLISHES:

Authorizes a license to allow the placement of a storm sewer in a portion of the Plantation Road right-of-way.  (#20041630-County Attorney)

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

15.

CONSTITUTIONAL OFFICERS

 

 

(a)

ACTION REQUESTED:

Approve disbursements.

WHY ACTION IS NECESSARY:

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).  (#20041611-Clerk of Courts)

 

 

ADMINISTRATIVE AGENDA

December 14, 2004

 

1.

COUNTY ADMINISTRATION

 

 

(a)

ACTION REQUESTED:

Approve waiving of the formal process for BW-05-04 for Assistance with Army Corp and South Florida Water Management District (SFWMD), for Lee County Visitor & Convention Bureau, to Marlowe & Company, in the amount of $63,600.00 for 1 full year of service.  Further authorize Chairman to execute the Service Provider Agreement upon receipt.

WHY ACTION IS NECESSARY:

Board approval is required.

WHAT ACTION ACCOMPLISHES:

Provides for a continuation of lobbying services with an experienced consultant in Washington that specializes in Army Corps projects.  (#20041559-VCB)

 

 

(b)

ACTION REQUESTED:

Approve waiving of the formal process for BW-05-05 for Consulting Representation Services, for Lee County Visitor & Convention Bureau, to LLW Consultants, in the amount of $63,000.00 for 1 full year of service.  Further authorize Chairman to execute the Service Provider Agreement upon receipt.

WHY ACTION IS NECESSARY:

Board approval is required.

WHAT ACTION ACCOMPLISHES:

Provides for a continuation of lobbying services with an experienced consultant with the South Florida Water Management District and taking an active role in water resource management.  (#20041587-VCB)

 

2.

CONSTRUCTION AND DESIGN

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(a)

ACTION REQUESTED:

Approve revised Interlocal Agreement between Lee County and School Board regarding the application of the Lee Plan and Land Development Code to site plan review for the construction and expansion of public education facilities.  Approve establishment of one development review representative position to be funded through interlocal agreement.  Approve budget amendment resolution and transfer in the amount of $91,700.

WHY ACTION IS NECESSARY:

The School superintendent has requested modifications to the agreement adopted by the Board on October 5, 2004.  Board approval is required for new positions and budget resolutions/transfers.

WHAT ACTION ACCOMPLISHES:

Implements procedures for site plan review for public educational facility construction.  (#20041609-Community Development)

 

5.

HUMAN SERVICES

 

6.

INDEPENDENT

 

 

(a)

ACTION REQUESTED:

Approve the purchase of Parcel 262, located on Veterans Parkway in Section 19, Township 44 South, Range 23 East, for the Conservation 2020 Land Acquisition Program, Project No. 8800, in the amount of $1,700,000, pursuant to the terms and conditions as set forth in the Agreement for Purchase and Sale of Real Estate; authorize the Chairman on behalf of the Board of County Commissioners to sign the purchase agreement; authorize payment of necessary fees and costs to close; authorize the Division of County Lands to handle and accept all documentation necessary to complete the transaction.

WHY ACTION IS NECESSARY:

The Board must formally accept all real estate conveyances to Lee County.

WHAT ACTION ACCOMPLISHES:

The acquisition of one of the properties recommended by the Conservation Land Acquisition and Stewardship Advisory Committee (CLASAC) and approved for acquisition on Blue Sheet No. 20040614 for the Conservation 2020 Program.  (#20041461-County Lands)

 

7.

PUBLIC SAFETY

 

8.

SOLID WASTE-NATURAL RESOURCES

 

9.

TRANSPORTATION

 

 

(a)

ACTION REQUESTED:

Approve Certification of Project Sponsor for the Tice Street Sidewalk Project. Request the Board Chairman sign the certification page from FDOT (page 3 of 3 flagged), and authorize the Department of Transportation to handle all documentation necessary to complete the project.

WHY ACTION IS NECESSARY:

Certification and support by a local government agency of the proposed enhancement project is an applicant requirement.

WHAT ACTION ACCOMPLISHES:

Provides a sponsor for the proposed sidewalk project. The project would be built with ISTEA funds in the fiscal year 2009-2010.  (#20040725-Transportation)

 

10.

UTILITIES

 

11.

PARKS AND RECREATION

 

12.

COUNTY ATTORNEY

 

13.

HEARING EXAMINER

 

14.

PORT AUTHORITY

 

Text Box: CONVENE AS BOARD OF PORT COMMISSIONERS
 

 

 

 

 

(a)

ACTION REQUESTED:

Approve the Actual Fiscal Year 2003-2004 Rates and Fees for the Southwest Florida International Airport and any refunds and rebates payable to the airlines, as required by the Amended and Restated Airport Use Agreement.  (Port Authority)

 

 

Text Box: RECONVENE AS BOARD OF COUNTY COMMISSIONERS
 

 

15.

CONSTITUTIONAL OFFICERS

 

 

WALK ON AGENDA ITEMS
December 14, 2004
 

Walk On

 

ACTION REQUESTED:
Board to consider candidates for County Attorney position.

WHY ACTION IS NECESSARY:
Process of filling the vacant County Attorney position.
WHAT ACTION ACCOMPLISHES:
Discussion and consideration of candidates for County Attorney position.  (#20041664-Human Resources)
 

(#2)

Walk On
 

ACTION REQUESTED:
Approve amendment to the Interlocal Agreement between Lee County and the School Board of Lee County. Authorize Commissioner’s signature on the amended Interlocal Agreement.
WHY ACTION IS NECESSARY:
Board of County Commissioners’ approval is required to amend the agreement with the School Board for County funding in the amount of $36,349.52 to assist the School Board and Tanglewood/Riverside Elementary Parent Teacher Association to purchase and install a playground that will be for school use and accessible to the general public when school is not in session.
WHAT ACTION ACCOMPLISHES:
Finalizes the Amended Interlocal Agreement with the School Board of Lee County.  (#20041656-Parks and Recreation)
 

(#3)

Walk On
 

ACTION REQUESTED:

Authorize: 1) the Division of County Lands to make a binding offer to property owner in the

amount of $697,000 for Parcel 101 and 101E, Three Oaks Parkway Widening, Project No.

4081 pursuant to the Purchase Agreement; 2) the Division of County Lands to handle and

accept all documentation necessary to complete transaction.  (#20041677-County Lands)

REASON FOR WALK ON:

If the normal bluesheet process is followed, events affecting the

property may further push our acquisition back, create additional ownerships, require new

legals, appraisals and offers to new owners.  Should this happen, condemnation expenses

could increase substantially.
 

(#4)

Walk On
 
ACTION REQUESTED:
Provide direction and/or authorization to Lee County staff to proceed with activities
for the removal of Iguana from Gasparilla Island, as such area is becoming grossly
over populated with the non-native reptiles.  (#20041679-Animal Services)
REASON FOR WALK ON:
Requests authorization to possibly disrupt wildlife in the Gasparilla Island Bird and Wildlife Sanctuary during removal of the iguana.  Extreme care will be taken, but this allows for clear direction.
PUBLIC AGENDA
December 14, 2004 

5:00 PM

(#1)

Public Hearing

 

ACTION REQUESTED:

Conduct a Public Hearing to adopt a Resolution on Petition to Vacate a 12-foot wide Drainage and Public Utility Easement located at 1226 Damen St. E., Lehigh Acres, FL 33936.  (Case No. VAC2004-00059)

WHY ACTION IS NECESSARY:

To build a single-family residence 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.

WHAT ACTION ACCOMPLISHES:

Vacates the Drainage and Public Utility Easement.  (S36-T45S-R27E)  (#5)  (#20041614-Development Services)

 

 

(#2)

Public Hearing

 

 

ACTION REQUESTED:

Conduct a Public Hearing to adopt a Resolution on Petition to Vacate a 12-foot wide Public Utility Easement located at 807 North Ave., Lehigh Acres, FL 33972.  (Case No. VAC2004-00062)

WHY ACTION IS NECESSARY:

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.

WHAT ACTION ACCOMPLISHES:

Vacates the Public Utility Easement.  (S21-T44S-R27E)  (#5)  (#20041616-Development Services)

 

 

(#3)

Public Hearing

 

 

ACTION REQUESTED:

Approve Resolution of Intent electing to use the Uniform Method of Collecting Non-Ad Valorem Special Assessments levied in the Unincorporated Area of Lee County.

WHY ACTION IS NECESSARY:

Florida Statute 197.3635 requires the Board to approve a Resolution of Intent prior to January 1, for the option to use the Uniform Method of Collection for Non-Ad Valorem Special Assessments on the following November tax bill.

WHAT ACTION ACCOMPLISHES:

Allows staff to proceed with the Florida Statute requirements for the option to utilize the Uniform Method of Collection for Non-Ad Valorem Special Assessments.  (#20041310-MSTBU Services)

 

 

(#4)

Public Hearing

 

 

ACTION REQUESTED:

Adopt Ordinance to create the Upper Captiva MSTU.

WHY ACTION IS NECESSARY:

Public hearing is a legal requirement in the consideration and creation of a Municipal Service Taxing Unit.

WHAT ACTION ACCOMPLISHES:

Provides an opportunity for public input.  Satisfies the legal requirements of the Florida Statutes to proceed with the creation of an MSTU for the purpose of C&D removal on Upper Captiva.  (#20041564-MSTBU Services)

 

 

(#5)

Public Hearing

 

 

ACTION REQUESTED:

Conduct a Public Hearing and consider the adoption of a permanent Ordinance replacing the emergency  “Lee County Price Gouging Ordinance”, # 92-31, and the emergency “Price Gouging Ordinance # 04-12.

WHY ACTION IS NECESSARY:

Board directed and the Board must formally adopt the permanent Ordinance at a scheduled, advertised Public Hearing.

WHAT ACTION ACCOMPLISHES:

Provides additional local law for prosecution of persons found to be “Price Gouging” essential commodities during a County-Declared Emergency.  (#20041586-County Attorney)

 

 

5:05 PM

Public Presentation of Matters by Citizens

 

 

Adjourn