District #1 Bob
Janes |
District #2 Douglas St. Cerny Chairman |
District #3 Ray
Judah
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District #4 Tammy Hall Vice Chair |
District #5 John E. Albion |
Donald D. Stilwell, County Manager |
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David
M. Owen County Attorney |
September 6, 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.
9:30
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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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Present
Industry Appreciation Week Resolution (Commissioner
Albion - #20051207) |
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Recap |
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Public
Comment on the Consent and Administrative Agenda |
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Items
to be pulled for discussion by the Board |
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Motion
to approve balance of items |
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Consideration
of items pulled for discussion |
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Walk-ons
and Carry-overs |
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Commissioners'
Items/Committee Appointments |
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County
Manager Items |
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County
Attorney Items |
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9:30
AM |
Public Hearings |
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ACTION REQUESTED/PURPOSE: Conduct a Public Hearing to adopt a Resolution on
Petition to Vacate a 12-foot wide Public Utility Easement located at 913
Asther St. E., Lehigh Acres (Case No.
VAC2005-00025). 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
(S2, T45S, R27E) (5) (#20051002-Development Services)
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ACTION REQUESTED/PURPOSE: Conduct a Public Hearing to adopt a Resolution on
Petition to Vacate a portion of a 12-foot wide Drainage and Public Utility
Easement located at 197 Ocean Park Dr., Lehigh Acres (Case No. VAC2005-00021). 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 (S3, T44S, R27E) (5)
(#20051012-Development Services)
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ACTION REQUESTED/PURPOSE: Conduct a Public Hearing to adopt a Resolution on
Petition to Vacate a 12-foot wide Public Utility Easement located at 3910 21st
St. SW, Lehigh Acres (Case No.
VAC2005-00028). 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 (S3, T45S, R26E) (5)
(#20051068-Development Services)
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Adjourn |
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September
6, 2005
1. |
COUNTY ADMINISTRATION |
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ACTION REQUESTED/PURPOSE: Approve resolution for LC 05-07-01, as a qualified
applicant for the state Qualified Target Industry Tax Refund Program (QTI) as
recommended by the Lee County Industrial Development Authority (IDA). WHAT ACTION ACCOMPLISHES: State law requires Lee
County to demonstrate 20% local match support for the application. MANAGEMENT
RECOMMENDATION: Recommend approval. (#20051195-Economic Development) |
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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: (1) Approve and execute contracts with the
Department of Community Affairs, (DCA) and the Budget Resolution for the
Weatherization Assistance Program, (WAP/LIHEAP), to establish funding for the
Weatherization Program for contract period September 30, 2005 to March 31,
2007. Though the contract must take
effect in September, the Budget Resolution is for FY05-06, beginning October
1, 2005. WHAT ACTION ACCOMPLISHES: Allows the Department of Human Services to accept
$45,641 for the weatherization of homes in Lee County. MANAGEMENT
RECOMMENDATION: Approve contract
renewal (#20051188-Human Services |
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6. |
INDEPENDENT |
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ACTION REQUESTED/PURPOSE: Grant three 10 foot wide
by 50 foot long Perpetual Utility Easements to Florida Power & Light
Company, pursuant to the terms and conditions as set forth in the Easement;
authorize the Division of County Lands to handle and accept all documentation
necessary to complete transaction. WHAT ACTION ACCOMPLISHES: Provides for an
underground, electrical power line connection between Bella Terra and an
existing Florida Power & Light Company easement. MANAGEMENT RECOMMENDATION: Management recommends Board approve the Action
Requested. (#20050860-County Lands) |
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ACTION REQUESTED/PURPOSE: Authorize: 1) the Division of County Lands to make
a binding offer to property owner in the amount of $305,000 for Parcels 330,
331, 331RW, 330SDE and 331SDE, Three Oaks Extension Project No. 4043,
pursuant to the Purchase Agreement; 2) the Division of County Lands to handle
and accept all documentation necessary to complete transaction; 3) authorize
payment of costs to close. WHAT ACTION ACCOMPLISHES: Makes binding offer to property owner. MANAGEMENT RECOMMENDATION: Management recommends Board approve the Action
Requested (#20051129-County Lands) |
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ACTION REQUESTED/PURPOSE: Approve Purchase Agreement for acquisition of
Parcel 341-RW Three Oaks Parkway South Extension Project No. 4043, in the
amount of $3,250; authorize payment of costs to close and the Division of
County Lands to handle all documentation necessary to complete transaction. WHAT ACTION ACCOMPLISHES: The Board avoids Eminent Domain. MANAGEMENT RECOMMENDATION: Management recommends Board approve the Action
Requested. (#20051145-County Lands) |
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ACTION REQUESTED/PURPOSE: Approve
Purchase Agreement for the acquisition of the property located at 6551 Rat
Road, Bokeelia, in the amount of $19,000, for the Harbor Drive MSBU Project
No.805028, pursuant to the terms and conditions set forth in the Purchase
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 purchase of road right-of-way necessary for
the Harbor Drive Paving MSBU. MANAGEMENT RECOMMENDATION: Management recommends Board approve the Action
Requested. (#20051163-County Lands) |
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ACTION REQUESTED/PURPOSE: Authorize: 1) approval of Agreement for Purchase
and Sale of Real Estate in Lieu of Condemnation Proceedings for acquisition
of Parcel 306, Imperial Street Widening Project No. 4060, in the amount of
$216,000 plus Seller's attorney fees and expert fees; 2) Chairman, on behalf
of the Board, to sign the Purchase Agreement; 3) payment of costs and fees to
close; and 4) Division of County Lands to handle and accept all documentation
necessary to complete this transaction and grant time extension to close, if
necessary. WHAT ACTION ACCOMPLISHES: Allows the County to proceed with the project
without resorting to eminent domain regarding this parcel. MANAGEMENT RECOMMENDATION: Management recommends Board approve the Action
Requested (#20051194-County Lands) |
7. |
PUBLIC SAFETY |
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ACTION
REQUESTED/PURPOSE: Approve award of Formal Quotation No. Q-050538
Annual Purchase of Medical Grade Oxygen for Public Safety/E.M.S., to the low
quoter meeting specifications, Praxair Distribution SE LLC, as listed on the attached Lee County
Tabulation Sheet. The initial term of
this quote is one year; also request authority to renew this quote for four
additional one-year periods, at the same terms and conditions, if in the best
interest of Lee County; and to exercise the price escalator clause as per the
specifications on an as-needed basis. In the event that the low quoter is
unable to establish the effectiveness of their product, request the
Purchasing Director be given authority to act on behalf of the Board in the
event of vendor non-compliance so that the Purchasing Director can proceed to
the next low quoter(s). Funding will
be available from the individual department or division’s budget whom will be
responsible for monitoring their individual expenditures. Public Safety/E.M.S. estimates annual
expenditures at approximately $55,000.00 for Medical Grade Oxygen. WHAT ACTION ACCOMPLISHES: Provides Public
Safety/E.M.S. with a reliable source of medical grade oxygen. MANAGEMENT RECOMMENDATION: Approve as stated. (#20051134-EMS) |
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ACTION REQUESTED/PURPOSE: Authorize Chairman to execute Modification #1 to
agreement #05-DS-2N-06-45-01-105 with the Department of Community Affairs to
extend the agreement to October 31, 2005. WHAT ACTION ACCOMPLISHES: Provides additional time for Lee County to
complete homeland security related planning, training and exercise tasks. MANAGEMENT RECOMMENDATION: Staff requested extension, and therefore
recommends approval.
(#20051187-Emergency Management) |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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ACTION REQUESTED/PURPOSE: Adopt Resolution requesting funding for Fiscal
Year 2006-2007 from the State of Florida Department of Environmental
Protection Beach Erosion Control Program.
The resolution is required along with the Lee County Long Range Beach
Erosion Control Budget Plan to obtain State cost share eligibility. WHAT ACTION ACCOMPLISHES: Enables the County to qualify for State assistance
for beach erosion control projects MANAGEMENT RECOMMENDATION: Approve
(#20051180-Natural Resources) |
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ACTION REQUESTED/PURPOSE: Approve Lee County’s portion of the Sixth Annual
Report for the Lee County NPDES (National Pollutant Discharge Elimination
System) Storm Water Permit (FLS000035) and authorize staff to transmit the
report to the Florida Department of Environmental Protection (FDEP). Authorize Chairman to sign the
Certification Page for the NPDES First Annual Report for the 2004 NPDES
Permit. WHAT ACTION
ACCOMPLISHES: Annual Reports are required as a permit condition
of the Lee County NPDES permit. MANAGEMENT
RECOMMENDATION: Staff recommends approval. (#20051190-Natural Resources) |
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ACTION REQUESTED/PURPOSE: Execute DEP Agreement 05LE1 with the Florida
Department of Environmental Protection
(FDEP) for the Blind Pass Restoration project. The agreement
stipulates cost sharing amounts for design and permitting tasks. FDEP will
provide $70,554 for tasks to date. WHAT ACTION ACCOMPLISHES: The agreement allows for reimbursement of design
and permitting of the Blind Pass project. Board approval is required for this
agreement. MANAGEMENT
RECOMMENDATION: Management recommends approval. (#20051198-atural Resources) |
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ACTION REQUESTED/PURPOSE: Approve a Second
Amendment to the Agreement between Lee County and the Lee County Sheriff for
enforcement of environmental crimes. WHAT ACTION ACCOMPLISHES: To allow the Solid Waste
Division to have a dedicated Sheriff’s deputy assigned to investigation,
apprehension and prosecution of environmental crimes during FY05 MANAGEMENT RECOMMENDATION: Staff recommends
approval of this Second Amendment.
(#20051203-Solid Waste) |
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ACTION REQUESTED/PURPOSE: Approve Change Order No. 11 with Hazen and Sawyer,
P.C. for an amount not to exceed $220,080.00 for required design and
construction consulting work at the Lee/Hendry Regional Disposal Facility
(landfill). (2) Approve a budget
transfer from Solid Waste Management Fund reserves, increasing the FY04-05
CIP Budget for the Lee/Hendry Landfill Phase II Project (CIP Proj. #200924)
in the amount of $395,000.00 and amend the FY 04-05 CIP accordingly. WHAT ACTION ACCOMPLISHES: Provides funds for additional engineering services
for infrastructure at the regional landfill. MANAGEMENT RECOMMENDATION: Staff recommends approval of the requested motions. (#20051205 – Solid Waste) |
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9. |
TRANSPORTATION |
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ACTION REQUESTED/PURPOSE: Approve and authorize the Chairman to sign the
attached amendment to the County Incentive Grant Program for Business 41 from
Marianna Ave. to north of Littleton Road with the Florida Department of
Transportation. Also, approve budget
amendment resolution in the amount of $87,368 and amend the FY
2004/05-2008/09 CIP accordingly. WHAT ACTION ACCOMPLISHES: Allows County to receive an additional $87,368 for
signalization costs at Pine Island and US Business 41. MANAGEMENT RECOMMENDATION: Approve
(#20051130-Transportation) |
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ACTION REQUESTED/PURPOSE: Request Board approve Change Order #9 to APAC-SE
for the Bonita Beach Road widening project (B04-05) in the amount of
$61,260.70. WHAT ACTION ACCOMPLISHES: Enables Lee County to compensate APAC-SE
(contractor) for necessary signal modifications, plat sheet revisions, pipe
collapse repair and drainage modification on Bonita Beach Road near Arroyal
Road. MANAGEMENT RECOMMENDATION: Staff recommends approval (#20051156-Transportation) |
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10. |
UTILITIES |
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11. |
PARKS AND RECREATION |
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ACTION REQUESTED/PURPOSE: Approve the Caloosahatchee Creeks Preserve (CCP)
Restoration Plan. WHAT ACTION ACCOMPLISHES: Approving of the CCP Restoration Plan establishes
guidelines for restoration and management activities at CCP. MANAGEMENT
RECOMMENDATION: Approve the plan so Land Stewardship staff can begin implementation. (#20051171-Parks and Recreation) |
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ACTION REQUESTED/PURPOSE: Approve the Pine Lake Preserve (PLP) Land
Stewardship Plan. WHAT ACTION ACCOMPLISHES: Approving of the PLP Plan establishes guidelines
for restoration and public use facilities at PLP. MANAGEMENT RECOMMENDATION: Approve the plan so Land Stewardship staff can
begin implementation.
(#20051172-Parks and Recreation) |
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12. |
COUNTY ATTORNEY |
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ACTION REQUESTED/PURPOSE: Approve and authorize execution and recording of an
Agreement between Punta Gorda Isles Section 22 Homeowners Association, Inc.,
the Lee County Sheriff and the County for the County’s exercising of County
jurisdiction over certain roads within Punta Gorda Isles for traffic control
purposes. WHAT ACTION ACCOMPLISHES: Memorializes
a three-party Agreement for the County’s exercise of jurisdictional control
over certain private roads for traffic control purposes by the Sheriff. MANAGEMENT RECOMMENDATION: Approve Agreement. (#20051200-County Attorney) |
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13. |
HEARING EXAMINER |
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14. |
PORT AUTHORITY |
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15. |
CONSTITUTIONAL OFFICERS |
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ACTION REQUESTED/PURPOSE: Approve Expenditure of $52,000 from the Law
Enforcement Trust Fund #105000 and $61,568 out of the CLEAN Forfeiture Fund
#10502. Approve transfers from
Reserves for $17,854 (Fund 10500) and $46,643 (Fund 10502). Approve Budget Amend resolutions for
$34,146 (Fund 10500 and $14,925 (Fund 10502). WHAT ACTION ACCOMPLISHES: Florida State Statute 932.7055 requires the Board
of County Commissioners approval of expenditures from the Law Enforcement
Trust Fund, which is funded by revenues from confiscated property. MANAGEMENT
RECOMMENDATION: (#20051140-Sheriff) |
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ACTION REQUESTED/PURPOSE: Approve Expenditures in the amount of $846,011 by
the Lee County Sheriff’s Office. Revenues
for these expenditures were from various fees, services, etc. (see below)
that were collected by the Sheriff’s Office during the period of 03/01/05 to
08/10/05. WHAT ACTION ACCOMPLISHES: Board approval is needed to expend funds
collected. MANAGEMENT RECOMMENDATION: Enables Sheriff’s Office to offset
expenditures. (#20051157-Sheriff) |
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ACTION REQUESTED/PURPOSE: Approve a transfer in the amount of $982,153 from
the General Fund #001 Reserve and amend the Lee County Sheriff’s Office
allocation in the like amount to cover costs associated with the
unanticipated escalation of inmate medical expenses. WHAT ACTION ACCOMPLISHES: Requires Board Approval to transfer from reserve. MANAGEMENT
RECOMMENDATION: Approve (#20051158-Sheriff) |
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ACTION REQUESTED/PURPOSE: Approve disbursements. WHAT ACTION ACCOMPLISHES: Florida Statute Chapter 136.06(1) requires that
all County disbursements be recorded in the Minutes of the Board. Compliance with the requirements of FS
136.06(1). MANAGEMENT RECOMMENDATION: Approve
(#20051212-Clerk of Court) |
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ACTION REQUESTED/PURPOSE: Request Board of County Commissioners approve
payment of Delinquent Tax overbid money to the claimant-Gulf & Southern
Holdings, Inc. 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
(#20051214-Clerk of Court) |
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ACTION REQUESTED/PURPOSE: Request Board of County Commissioners approve
payment of Delinquent Tax overbid money to the claimant-Delrosario 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
(#20051215-Clerk of Court) |
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ACTION REQUESTED/PURPOSE: Request Board of County Commissioners approve
payment of Delinquent Tax overbid money to the claimant-Stransenback
Estate 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
(#20051216-Clerk of Court) |
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ACTION REQUESTED/PURPOSE: Request Board of County Commissioners approve
payment of Delinquent Tax overbid money to the claimant-Stransenback Estate 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
(#20051217-Clerk of Court) |
September
6, 2005
1. |
COUNTY ADMINISTRATION |
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2. |
CONSTRUCTION AND DESIGN |
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3. |
COUNTY COMMISSIONERS |
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4. |
COMMUNITY DEVELOPMENT |
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5. |
HUMAN SERVICES |
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6. |
INDEPENDENT |
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7. |
PUBLIC SAFETY |
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8. |
SOLID WASTE-NATURAL
RESOURCES |
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9. |
TRANSPORTATION |
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10. |
UTILITIES |
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11. |
PARKS AND RECREATION |
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12. |
COUNTY ATTORNEY |
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ACTION REQUESTED/PURPOSE: Declare a public nuisance and direct the County
Attorney to file suit to abate the public nuisance maintained by Nancy
Wakeley at 1044 Kindly Road, North Ft. Myers. WHAT ACTION ACCOMPLISHES: Directs County Attorney to file suit to abate a
public nuisance. MANAGEMENT RECOMMENDATION: Abate the nuisance by filing suit. (#20051202-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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