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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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April 04, 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 Ralph Rivers |
Good Shepherd United Methodist Church |
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Pledge of Allegiance |
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Presentations: |
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CP 1 |
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Confederate History Month (Commissioner Albion - #20060356) |
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Sexual Assault Month (Commissioner Hall - #20060357) |
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Water Conservation Month (Commissioner Judah - #20060358) |
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Employee Length of Service Awards (#20060308 – Human Resources) |
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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 until 5:00 PM |
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April 04, 2006
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1. |
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ACTION REQUESTED/PURPOSE: Approve budget resolutions, accepting additional revenue and amending the following FY 2005-06 budgets accordingly: Visitor & Convention Bureau (VCB), VCB Attractions Marketing, VCB Capital Planning, Sports Authority, Capital Improvement-Tourist Development Beach Projects; Tourist Development Excess Revenue (Debit Service), General Fund, and Parks and Recreation. Authorize the VCB to add one full-time Tourism Education Manager position, and change two temporary part-time positions into permanent part-time positions. Authorize Parks & Recreation to add one full-time Coordinator, Parks & Rec. Programs position for the Blueways & Matlacha, Pine Island Boat Ramps/Marina (Fisherman’s Co-op). WHAT ACTION ACCOMPLISHES: Allocates additional revenue, designates expenditures and additional reserve amounts in conjunction with the recent tourist tax increase; creates an additional position to provide training to Lee County tourism industry; and provides for the conversation of two temporary part-time positions into permanent part-time positions. MANAGEMENT RECOMMENDATION: Recommend Approval. (#20060309 – VCB)
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ACTION REQUESTED/PURPOSE: Approve Addendum to the Construction Manager Agreement under RFQ-05-08 JUSTICE CENTER RENOVATIONS, to Target Builders, Inc., for air conditioning improvements to the Lee County Jail, 4th Floor, for a Guaranteed Maximum Price of $237,752.00 (includes CM Fee of $19,926.00), with a total project completion time of 150 calendar days. Also request that the Board approve waiving of the formal process (if needed) and authorize the use of the Direct Material Purchase Orders as proved for in the CM agreement with Lee County, which allows the County to purchase directly from suppliers of equipment and/or materials as a cost/time saving measure. Further authorize Chairwoman to execute the CM Addendum upon receipt. This addendum was anticipated and funds are available. WHAT ACTION ACCOMPLISHES: Provides Lee County with a Construction Manager for the Lee County Jail 4th Floor air conditioning project. Work for this project includes labor and materials to remove and install new chilled air water handler, outdoor air unit, return air fan and controls per plans and specifications. MANAGEMENT RECOMMENDATION: Approval recommended. (#20060264 – Construction & Design)
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ACTION REQUESTED/PURPOSE: Approve Budget Transfer from Capital Improvement Fund Reserves in the amount of $200,000 to the ADA Standard Compliance project and amend FY 05/06 – 09/10 CIP accordingly. WHAT ACTION ACCOMPLISHES: Provides additional funding to continue the upgrade of County facilities to be in compliance with current ADA requirements. MANAGEMENT RECOMMENDATION: Staff recommends approval. (#20060344 – Construction & Design)
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ACTION REQUESTED/PURPOSE: Execute grant award agreements for homeownership projects using 2004/05 and 2005/06 SHIP funds and issue commitment letters for SHIP years 2006/07 and 2007/08 per recommended allocations. WHAT ACTION ACCOMPLISHES: Allows the county to enter into agreements with affordable housing providers for the construction of affordable homeownership housing. MANAGEMENT RECOMMENDATION: Approve (20060365 – Community Development)
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ACTION REQUESTED/PURPOSE: Authorize the Division of County Lands to make a binding offer to property owner in the amount of $5,100 for Parcel 69, Gladiolus Drive Widening, Project No. 4083, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete transaction. WHAT ACTION ACCOMPLISHES: Authorizes binding offer to property owner. MANAGEMENT RECOMMENDATION: Approve (#20060300 – County Lands)
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ACTION REQUESTED/PURPOSE: Authorize the Division of County Lands to make a binding offer to property owner in the amount of $1,900 for Parcel 85, Gladiolus Drive Widening, Project No. 4083, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete transaction. WHAT ACTION ACCOMPLISHES: Authorizes binding offer to property owner. MANAGEMENT RECOMMENDATION: Approve (#20060302 – County Lands)
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ACTION REQUESTED/PURPOSE: Accept donation of Slope Easements for Parcels 43, 44, 45, 54 and 55, Gladiolus Drive Widening, Project No. 4083; authorize the payment of recording fees and the Division of County Lands to handle all documentation necessary to complete transaction. WHAT ACTION ACCOMPLISHES: Accepts voluntary slope easements for the Gladiolus Drive Widening Project, No. 4083 MANAGEMENT RECOMMENDATION: Approve (#20060307 – County Lands)
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ACTION REQUESTED/PURPOSE: Approve and execute Florida Medicaid Provider Application Packet Documents. Approve one Sr. Account Clerk position, contingent on Medicaid approval of applications. WHAT ACTION ACCOMPLISHES: Allows Lee Tran to negotiate a rate with the Medicaid, Medicaid – waiver, Developmental Disabilities Program, for the door-to-door transportation service that is provided by the Lee Tran Passport Division, and allow Lee Tran to electronically direct bill the Agency for services provided. MANAGEMENT RECOMMENDATION: Approve and execute Medicaid provider Enrollment Packet. (#20060335 – Transit)
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ACTION REQUESTED/PURPOSE: Authorize the Division of County Lands to make a binding offer to property owner in the amount of $85,000 for property described as Tax STRAP Number 22-43-26-02-0000H.0080 in East Lee County for the Idalia Regional Park, Project No. 2020, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete this transaction; approve budget transfer in the amount of $35,000 from Regional Park Impact Fee reserves and amend the FY 05-06/09-10 CIP accordingly. WHAT ACTION ACCOMPLISHES: Makes binding offer to property owner prior to initiation of condemnation proceedings as required by Florida Statutes. MANAGEMENT RECOMMENDATION: Approve (#20060348 – County Lands)
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ACTION REQUESTED/PURPOSE: Approve the electronic submission of a Section 5309 Special Funding Allocation request to the Federal Transit Administration and the accompanying resolution. Upon approval of the funding request by the Federal Transit Administration, authorize the Chairwoman to execute the necessary grant agreements. WHAT ACTION ACCOMPLISHES: Allows LeeTran to complete the necessary application and processing to receive $409,846 in USC 5309 Special Appropriations award for the purchase of replacement vehicles. MANAGEMENT RECOMMENDATION: Recommend approval of the grant application process and authorizing resolution. (#20060359 – Transit)
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ACTION REQUESTED/PURPOSE: Approve the electronic submission of the Federal Transit Administration Section 5307 Urbanized Area Formula grant application # FL-90-X559 in the amount of $3,411,557 and the accompanying resolution. Upon approval of the application by the FTA, authorize the execution of the grant agreement. WHAT ACTION ACCOMPLISHES: Allows LeeTran to program FY 2004 USC 5307 Urbanized Area Formula grant funds in the amount of $3,291,557 and $120,000 of FY 2004 Section 5307 Urbanized Area Formula Grant Funds from the Bonita Springs-Naples UZA allocated to Lee County by Collier County in an application for capital expenses. MANAGEMENT RECOMMENDATION: Recommend approval of the grant application and authorizing resolution necessary for the execution and acceptance of the grant. (#20060363 – Transit)
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ACTION REQUESTED/PURPOSE: Adopt resolution amending Administrative Code 3-15 pertaining to the administrative procedure governing the creation of an MSBU project. WHAT ACTION ACCOMPLISHES: Increases need of community support from 50% + 1 to 60%. MANAGEMENT RECOMMENDATION: Approve (#20060384 – Public Resources)
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ACTION REQUESTED/PURPOSE: Authorize reimbursement costs to 800 MHz Radio System Users for fees overcharges from FY04/05 first and second quarters. Approve transfer from Government Communications Network (GCN) reserves in the amount of $120,611.90. WHAT ACTION ACCOMPLISHES: Provides payment for reimbursement for over charged fees. MANAGEMENT RECOMMENDATION: Staff recommends approval. (#20060310 – Public Safety)
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ACTION REQUESTED/PURPOSE: Adopt a resolution to approve changing a street name on a platted street: as recorded Bass Cir in Plat Book 22 on page 109; to be changed to Bass Ln. WHAT ACTION ACCOMPLISHES: This will change the street type of the road and eliminate a duplicate name within the same fire district. MANAGEMENT RECOMMENDATION: Staff recommends approval. (#20060366 – Public Safety)
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ACTION REQUESTED/PURPOSE: Adopt a resolution to approve changing a street name on a platted street: as recorded a portion of Gene Ave S south of 31st St SW as recorded in Plat Book 15, on page 93, to be changed to Flora Ave S. WHAT ACTION ACCOMPLISHES: This change will make a continuous roadway have a continuous name. MANAGEMENT RECOMMENDATION: Staff recommends approval. (#20060371 – Public Safety)
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ACTION REQUESTED/PURPOSE: Adopt a resolution to approve changing a street name on a platted street: as recorded a portion of Flora Ave S south of 31st St SW as recorded in Plat Book 83, on page 1, to be changed to Fiona Ct WHAT ACTION ACCOMPLISHES: This change will eliminate a duplicate street name and range in the same block. MANAGEMENT RECOMMENDATION: Staff recommends approval. (#20060372 – Public Safety)
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ACTION REQUESTED/PURPOSE: Approve transfer from CIP Reserves in the amount of $3,775,000 for various stormwater related capital projects indicated below and amend the FY05/06-09/10 Capital Improvement Program accordingly. Approve transfer from General Fund Reserves in the amount of $200,000 for stormwater related maintenance projects indicated below. Authorize the establishment of three (3) new Staff Engineer positions in the Division of Natural Resources, Position Group Code 52230. Approve transfer from Surface Water Management Reserves in the amount of $237,826 to cover salary, fringe benefits, and operating costs for the balance of the current fiscal year in the Natural Resources/Surface Water Management Business Unit, OC5379014600. WHAT ACTION ACCOMPLISHES: Provides additional staff members and initiates projects critical to effective stormwater management in Lee County. MANAGEMENT RECOMMENDATION: Staff recommends approval. (#20060352 – Natural Resources)
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ACTION REQUESTED/PURPOSE: Authorize Chairwoman Hall to execute a Stipulation of Parties to convert the Gator Road highway-rail grade crossing to a public crossing. WHAT ACTION ACCOMPLISHES: Agrees to the authorization of this new public crossing by the Florida Department of Transportation. MANAGEMENT RECOMMENDATION: Staff recommends approval. (#20060329 – Transportation)
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ACTION REQUESTED/PURPOSE: Approve Supplemental Task Authorization (STA) #19 to Water Resources Solutions, under CN-01-11 Miscellaneous Utility Engineering in the amount of $163,306.00 for completion of the Olga Water Plant ASR Wells, Phase II Expansion project; with a total project cost of $550,000. (Includes South Florida Water Management District (SFWMD) funding of $170,000 per Agreement No. DG061177) This project is in the CIP and funds will be available. Also, authorize the Chairwoman to execute the STA. WHAT ACTION ACCOMPLISHES: Provides the additional funding necessary to complete the project, being conducted by Lee County working cooperatively with SFWMD, that will provide additional alternative water supply within the Lee County Utilities system. MANAGEMENT RECOMMENDATION: Staff Recommends Approval. (#20060379 – Utilities)
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ACTION REQUESTED/PURPOSE: Approve and execute Vending Machine License Agreement for Use of County Property at Lakes Regional Park between Lee County Board of County Commissioners and Crumbles Concessions. WHAT ACTION ACCOMPLISHES: Allows establishment of an indoor vending area for park patrons to have food and drinks available while visiting the Lakes Regional Park. MANAGEMENT RECOMMENDATION: Approve and execute license agreement. (#20060349 – Parks & Recreation)
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ACTION REQUESTED/PURPOSE: Authorize Chairwoman to execute and approve agreement between Lee County and the South Florida Water Management District (SFWMD) Agreement No. OT060462 in the amount of $125,000 for the removal of exotic vegetation at Pine Lake Preserve, which was acquired by the Conservation 20/20 Program. Approve Budget Amendment in the amount of $125,000 and amend the FY 05/06 Conservation 20/20 budget accordingly. WHAT ACTION ACCOMPLISHES: Allows exotic control work to be performed at Pine Lake Preserve. MANAGEMENT RECOMMENDATION: Execute and approve agreement. (#20060385 – Parks & Recreation)
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ACTION REQUESTED/PURPOSE: Adopt by resolution an amendment to Lee County Administrative Code pertaining to Historic Preservation Boards (AC-2-10). WHAT ACTION ACCOMPLISHES: Creates the Boca Grande Historic Preservation Board and establishes procedures and criteria for evaluating special projects and properties that are the subject of grant funding. MANAGEMENT RECOMMENDATION: Approval. (#20060369 – County Attorney)
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ACTION REQUESTED/PURPOSE: Approve transfer from the General Fund Reserves in the amount of $780,182 and amend the Lee County Sheriff’s Office annual budget by the same amount to cover expenses incurred during Hurricane Emergency Wilma Operations. WHAT ACTION ACCOMPLISHES: Board approval is needed to allocate funds. MANAGEMENT RECOMMENDATION: Enable the Sheriff’s Office to offset expenditures incurred during Hurricane Wilma Emergency Operations. (#20060353 – Sheriff)
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ACTION REQUESTED/PURPOSE: To Deed property back to original owner WHAT ACTION ACCOMPLISHES: Restore property back to original owner MANAGEMENT RECOMMENDATION: (#20060354 – Clerk of Court)
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ACTION REQUESTED/PURPOSE: To Deed property back to original owner WHAT ACTION ACCOMPLISHES: Restore property back to original owner MANAGEMENT RECOMMENDATION: (#20060355 – 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 - Leonides Lopez. 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 (#20060373 - 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-George D. Lewis Jr.. 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 (#20060374-Clerk of Court)
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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 (#20060375-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-Pam Story. 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 (#20060376-Clerk of Court)
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April 04, 2006
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ACTION REQUESTED/PURPOSE: Approve an agreement with the Boca Grande Community Planning Association, Inc. to provide financial support up to $50,000 for the drafting of Land Development Code regulations to further implement the Boca Grande Community Plan. WHAT ACTION ACCOMPLISHES: Sets forth requirements for the issuance of Sector Planning funds to the Boca Grande Community Planning Association, Inc. for the drafting of Land Development Code regulations. MANAGEMENT RECOMMENDATION: Approval of the community planning agreement. (#20060333-Community Development)
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ACTION REQUESTED/PURPOSE: Request Board authorize staff to formally notify the Florida Department of Transportation (FDOT) that it will have to pursue any land acquisition(s) from the County’s Conservation 2020 Parcel 258 (“Boomer Site”), for widening U.S.41, by way of eminent domain proceedings. WHAT ACTION ACCOMPLISHES: Provides an official response to FDOT’s request to purchase right-of-way and a proposed drainage retention parcel from the County’s Boomer Site. MANAGEMENT RECOMMENDATION: Approve. (#20060297 – County Lands)
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ACTION REQUESTED: Approve a request from the Cape Coral Chamber of Commerce and authorize the Chairwoman to execute the agreement on behalf of the BOCC. Approve the closing of the Cape Coral Bridge on July 4 th from Noon until 3:00 a.m. on July 5th to accommodate the Chamber’s Red, White and Boom Celebration. The request will cover each year for the next 5 years, 2006 through and including 2010. WHY ACTION IS NECESSARY: Approval of a bridge closure and the resultant loss of revenue requires BOCC approval. WHAT ACTION ACCOMPLISHES: Allows the Chamber to proceed with the planning of their 4th of July Celebration. (#20060257 – Transportation)
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ACTION REQUESTED/PURPOSE: Approve settlement in Lee County v. Williams, Case No. 03CA-2622. WHAT ACTION ACCOMPLISHES: Settles all claims for compensation for condemnation of property. MANAGEMENT RECOMMENDATION: Recommends approval. (#20060386 – County Attorney)
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ACTION REQUESTED/PURPOSE: Approve negotiated settlement in Lee County v. Ascot Preserve, LLC, Case No. 05CA-4324. WHAT ACTION ACCOMPLISHES: Resolves all claims of compensation for the condemnation of Parcels 92 and 93. MANAGEMENT RECOMMENDATION: Approve settlement. (#20060383 – County Attorney)
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April 04, 2006
Walk On |
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ACTION REQUESTED/PURPOSE:
WHAT ACTION ACCOMPLISHES:
MANAGEMENT RECOMMENDATION:
REASON FOR WALK ON:
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PUBLIC AGENDA
April 04, 2006
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5:00 PM |
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ACTION REQUESTED/PURPOSE: Adopt an emergency ordinance establishing a moratorium on the rezoning of property from non-residential zoning district to a residential zoning district, and a moratorium on the submittal and processing of privately initiated comprehensive plan amendments for property within the Lehigh Acres Planning Community; and, Waive the statutory notice requirement based upon a finding that immediate enactment of the ordinance is necessary. WHAT ACTION ACCOMPLISHES: If adopted, this ordinance will establish an approximate 18 month moratorium within the area identified as the Lehigh Acres Planning Community on the submittal and processing of (a) privately initiated plan amendments; and, (b) rezoning applications requesting a zoning change from a non-residential zoning district to a residential zoning district. The moratorium is intended to allow County staff and the Lehigh Acres community the opportunity to prepare and adopt a community plan and implementing land development regulations. MANAGEMENT RECOMMENDATION: (#20060387 – County Attorney) |
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Adjourn |