District #1

Bob Janes

Vice Chair

District #2

Douglas St. Cerny

 

District #3

Ray Judah

 

District #4

Tammy Hall

Chairwoman

District #5

John E. Albion

 

Donald D. Stilwell

County Manager

 

David M. Owen County Attorney

 

 

May 30, 2006

Please fill out a “Request to Comment” card if you plan to address the Board and return it to the Clerk at the left of the podium prior to the start of the meeting.

All back up for this agenda is available in the Public Resources Office, 1st Floor, Administration Building

Additional information is available on the Internet at http://www.lee-county.com

PLEASE NOTE:  The Board may take action in its capacity as the Port Authority or Government Leasing Corporation.

COMMISSION CHAMBERS, 2120 MAIN STREET, FORT MYERS, FLORIDA

 

9:30 AM

Invocation:

Pastor David Pleasant

Covenant Community Ministries

 

 

 

 

Pledge of Allegiance

 

 

 

 

Presentations:

CP 1

 

·         

Welcoming the Visiting Latin American Delegations – (#20060675 – Commissioner Judah)

 

 

 

CP 2

 

·         

John Davis Recognition – (#20060676 – Commissioner Hall)

 

 

 

CP 3

 

·         

Bill and Kristin Adams Recognition – (#20060677 – Commissioner Judah)

 

 

 

 

Recap

 

 

 

Public Comment on the Consent and Administrative Agenda

 

 

 

Consent Agenda:

 

·              

Items to be pulled for discussion by the Board

 

·  

Motion to approve balance of items

 

·  

Consideration of items pulled for discussion

 

 

 

Administrative Agenda

 

 

 

Walk-ons and Carry-overs

 

 

 

Commissioners' Items/Committee Appointments

 

 

 

County Manager Items

 

 

 

County Attorney Items

 

 

9:30 AM

Public Hearings

 

 

PH 1

ACTION REQUESTED/PURPOSE: 

Conduct a Public Hearing to adopt a Resolution on Petition to Vacate all interior 12-foot wide Drainage and Public Utility Easement located at 21251 5th St. W., Lehigh Acres 

(Case No. VAC2006-00001) (S25-T44S-R26E) (#5). 

WHAT ACTION ACCOMPLISHES: 

To build a commercial facility 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 (#20060522 Community Development)

 

 

Adjourn


CONSENT AGENDA

May 30, 2006

 

1.

COUNTY ADMINISTRATION

 

(A)

ACTION REQUESTED/PURPOSE:

Approve award of the Service Provider Agreement for RFQ-05-15 LEGISLATIVE AND AGENCY LOBBYING & OTHER SERVICES FOR LEE COUNTY, to J. Keith Arnold & Associates for an annual lump sum contract amount of $90,000.00/per year ($7,500.00/per month), with a contract period of two (2) years with the option to renew under the same terms and conditions for one (1) additional year. Also authorize Chairwoman to execute the agreement on behalf of the Board upon receipt.

WHAT ACTION ACCOMPLISHES:

Provides the County with a firm for legislative and agency lobbying services.

MANAGEMENT RECOMMENDATION: 

Selection Committee Recommends (#20060678 – County Manager)

 

2.

CONSTRUCTION AND DESIGN

 

(A)

ACTION REQUESTED/PURPOSE:

Award and authorize staff to enter into a Construction Manager Agreement for RFQ-06-06 LEE COUNTY UTILITIES OFFICE BUILDING, to Brooks & Freund, for the sum of five and one-half (5.5%) percent of the total construction cost of the project.  Brooks & Freund will also provide preliminary construction consulting services for an additional fee of one-half (1/2%) percent of the construction costs.  Also request Board approve waiving of any formal process (if needed) and authorize the use of the Direct Material Purchase Orders based on CM’s Agreement which allows the County to purchase directly from suppliers of equipment and/or material as a cost/time saving measure.  Also authorize Chairwoman to execute the Construction Management agreement upon receipt.

WHAT ACTION ACCOMPLISHES:

Provides Construction Management services for the construction of a 90,000 s.f. building that will serve as the new home for the Division of Lee County Utilities and various other County departments.

MANAGEMENT RECOMMENDATION: 

Staff recommends approval. (#20060628 – Construction & Design)

 

3.

COUNTY COMMISSIONERS

4.

COMMUNITY DEVELOPMENT

5.

HUMAN SERVICES

6.

INDEPENDENT

 

(A)

ACTION REQUESTED/PURPOSE:

Approve Easement Purchase Agreement and Temporary Construction Easement Agreement for the acquisition of Parcels 100UE and 100TCE Gateway Waste Water Treatment Plant Forcemain Project No. 7000, in the amount of $6,700; authorize payment of costs to close and the Division of County Lands to handle all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

Acquisition of easements for expansion of the Gateway Waste Water Treatment Plant Forcemain.

MANAGEMENT RECOMMENDATION: 

Approve. (#22060637 – County Lands)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Approve a Joint Participation Agreement and Authorizing Resolution with the Florida Department of Transportation for funding of trip planning software and related expenses under the Commuter Assistance Program.

WHAT ACTION ACCOMPLISHES:

Allows for FDOT funding of the project in the amount $150,000 to be matched with $75,000 cash match and $75,000 in-kind match.

MANAGEMENT RECOMMENDATION:

Approve the joint participation agreement and authorizing resolution.

(#20060643 – Transit)

 

 

(C)

ACTION REQUESTED:

Adopt a resolution changing fees for Animal Services (amend Administrative Code 3-10) – as required by Ord. No. 98-10 due to changes in license fees.

WHAT THE ACTION ACCOMPLISHES:

Sets fees and fines to an appropriate level & eliminates fees no longer relevant.

MANAGEMENT RECOMMENDATION:

Approve  (#20060646 – Animal Services)

 

7.

PUBLIC SAFETY

8.

SOLID WASTE-NATURAL RESOURCES

 

(A)

ACTION REQUESTED:

Approve attached Resolution, totaling $937,225, to the West Coast Inland Navigation district (WCIND) requesting funding for FY06/07 for the projects listed in priority order. Authorize Commission Chairman to sign corresponding agreements for projects once funding is finalized by WCIND.

WHAT THE ACTION ACCOMPLISHES:

WCIND rules require a resolution requesting grant funding.

MANAGEMENT RECOMMENDATION:

Staff recommends approval  (#20060649 – Natural Resources)

 

9.

TRANSPORTATION

 

(A)

ACTION REQUESTED/PURPOSE:

Approve attached Purchase Agreement by and between Mariner Properties Development, Inc. and Lee County to reassign funds Lee County has on deposit with Mariner Properties Development, Inc. for credits reserved at Little Pine Island Mitigation Bank to credits at the Corkscrew Regional Mitigation Bank.

WHAT ACTION ACCOMPLISHES:

Transfers funds on deposit for credits at the Little Pine Island Mitigation Bank to credits at the Corkscrew Regional Mitigation Bank.  The transfer of credits will provide in basin and in jurisdiction mitigation for the wetland impacts associated with the construction of the Lee County DOT CIP project known as Three Oaks Parkway North

MANAGEMENT RECOMMENDATION:

Approve (#20060597 – Transportation)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Approve and execute Memorandum of Agreement with the Florida Department of Transportation for $1,500,000 interest free loan from the Toll Facilities Revolving Trust Fund. Also, authorize Chairwoman to sign authorizing resolution, approve budget amendment resolution in the amount of $1,500,000 million and amend the FY 2005/06 – 2009/10 CIP accordingly.

WHAT ACTION ACCOMPLISHES:

Allows Lee County to receive an interest free loan for a PD&E Study of Colonial Boulevard.

MANAGEMENT RECOMMENDATION:

Approve (#20060641 – Transportation)

 

 

(C)

ACTION REQUESTED/PURPOSE: 

Approve and authorize Chairwoman to execute updated agreement and authorizing resolution between Lee County and the Florida Department of Transportation for maintenance of sidewalks/bike paths within Lee County. 

WHAT ACTION ACCOMPLISHES: 

Replaces current agreements and specifies maintenance responsibility for certain sidewalk/bikepaths within FDOT rights-of-way.

MANAGEMENT RECOMMENDATION: 

Approve (#20060664 – Transportation)

 

10.

UTILITIES

 

(A)

ACTION REQUESTED/PURPOSE:

Authorize Chairwoman, on behalf of the BOCC, to execute and approve recording of the “Agreement for the Delivery and Use of Reclaimed Effluent Water” between Lee County and Highpoint Land Improvement Corporation (HLIC), for a project known as Stringfellow Lakes Estates.    The project is located on Pine Island at 7630 Stringfellow Road, between St. James City and Pine Island Center.  This agreement becomes effective upon approval of Lee County DO 2003-00280 for 347 residential units and reclaim water facilities.

WHAT ACTION ACCOMPLISHES:

Provides for disposal of effluent from the Pine Island Wastewater Treatment Plant.

MANAGEMENT RECOMMENDATION:

Approval. (#20060542 – Utilities)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Authorize Chairwoman, on behalf of the BOCC, to sign Amendment No. 01 to  Agreement No. DG061178, an Alternative Water Supply Grant Funding Agreement between Lee County and South Florida Water Management District (SFWMD) for Pinewoods Lower Hawthorne Wells and R.O. Treatment Plant, authorizing revision of the “Schedule of Deliverables”, Exhibit B.

WHAT ACTION ACCOMPLISHES:

Revises the deliverables schedule for construction deadlines and payments.

MANAGEMENT RECOMMENDATION:

Approval. (#20060604 – Utilities)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Approve construction of a water main and force main extensions serving Miromar Lakes Parkway Expansion at Miromar Lakes to provide potable water service, fire protection and sanitary sewer service to a proposed future phase of this residential development. This is a Developer contributed asset and the project is located approximately 1-1/2 miles south of Alico Road and ¼ of a mile east of Ben Hill Griffin Parkway. 

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. (#20060605 – Utilities)

 

11.

PARKS AND RECREATION

 

(A)

ACTION REQUESTED/PURPOSE:

Approve the Gator Hole Preserve (GHP) Land Stewardship Plan.

WHAT ACTION ACCOMPLISHES:

Approving of the GHP Plan establishes guidelines for restoration activities at the Preserve.

MANAGEMENT RECOMMENDATION:

Approve the plan so Land Stewardship staff can begin implementation.

(#20060598 – Parks & Recreation)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Request Board approve budget amendment in the amount of $22,000 and amend the FY 05/06 Extension Services budget accordingly for program support, printing and materials for the Florida Yards and Neighborhoods (FYN) program aimed at educating the public. 

WHAT ACTION ACCOMPLISHES:

Provides funding to enhance an already established program.

MANAGEMENT RECOMMENDATION: 

Approve budget amendment.  (#20060662 – Parks & Recreation)

 

12.

COUNTY ATTORNEY

13.

HEARING EXAMINER

14.

PORT AUTHORITY

15.

CONSTITUTIONAL OFFICERS

 

(A)

ACTION REQUESTED/PURPOSE:

Approve acceptance of FY 2006 Edward Byrne Memorial Justice Assistance Grant Program in the amount of $84,725.00. Signature by Chairwoman Tammy Hall on the Grant Award and initial the bottom right corner of every Special Conditions page. The Grant Award Document and the Special Conditions are attached hereto.

WHAT ACTION ACCOMPLISHES:

Approval will allow the Lee County Sheriff’s Office to submit an acceptance of the grant funds.

MANAGEMENT RECOMMENDATION:

Approve (#20060631 – Sheriff)

 

 

(B)

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  (#20060665 – Clerk of Court)

 

 

(C)

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  (#20060666 – Clerk of Court)

 

 

(D)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – Truempy. 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  (#20060667 – Clerk of Court)

 

 

(E)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – Darouian. 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  (#20060668 – Clerk of Court)

 

 

(F)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – Stein. 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  (#20060669 – Clerk of Court)

 

 

(G)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – Swearingen for Neal. 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  (#20060670 – Clerk of Court)

 

 

(H)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – Avery. 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  (#20060671 – Clerk of Court)

 

 

(I)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – Southeastern Conference Association of Seventh-Day Adventists, 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  (#20060672 – Clerk of Court)

 

 

(J)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – Cirilo. 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  (#20060673 – Clerk of Court)

 

 

(K)

ACTION REQUESTED/PURPOSE:

Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – Dziedzic. 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  (#20060674 – Clerk of Court)

 

 

ADMINISTRATIVE AGENDA

May 30, 2006

 

1.

COUNTY ADMINISTRATION

2.

CONSTRUCTION AND DESIGN

 

(A)

ACTION REQUESTED/PURPOSE: 

Approve Resolution authorizing an exchange of real property interests (under 125.37, F.S.) with the School Board (in the North Fort Myers Academy of the Arts area).   Approve the “Interlocal Agreement Between the School Board and Lee County for Real Property Conveyances at the North Fort Myers Academy for the Arts”.  Authorize the Chairwoman’s signature on the Interlocal Agreement.  Authorize payment of costs to close and staff to handle all documentation necessary to complete transaction.

WHAT ACTION ACCOMPLISHES:

Authorizes an exchange of County-owned property under Florida Statutes 125.37.

MANAGEMENT RECOMMENDATION: 

Staff recommends approval. (#20060593 – Construction & Design)

 

3.

COUNTY COMMISSIONERS

4.

COMMUNITY DEVELOPMENT

 

(A)

ACTION REQUESTED/PURPOSE:

Decision as to whether to amend the county regulations pertaining to the calculation of project density.

WHAT ACTION ACCOMPLISHES:

The Board’s direction will confirm whether it is necessary to amend county regulations.

MANAGEMENT RECOMMENDATION:

Calculate project density based on the land area within the boundary lines of a development. (#20060603 – Community Development)

 

5.

HUMAN SERVICES

6.

INDEPENDENT

7.

PUBLIC SAFETY

8.

SOLID WASTE-NATURAL RESOURCES

9.

TRANSPORTATION

10.

UTILITIES

11.

PARKS AND RECREATION

12.

COUNTY ATTORNEY

 

(A)

ACTION REQUESTED/PURPOSE:

Approve the Interlocal Agreement between Lee County and the Administrative Office of the Courts, Twentieth Judicial Circuit, pursuant to Florida Statutes, Sections 29.008 and 29.0081; and approve the use of the County’s Federal Employer Identification Number (FEIN) by Court Administration for those positions funded by the County, for federal and state reporting purposes only.

WHAT ACTION ACCOMPLISHES:

Approval of the Interlocal Agreement would supersede Lee County Resolution No. 92-09-51, “Agreement and Guidelines Between Lee County and Court Services”. Additionally, agrees to the transfer of Court Administration from the Clerk of Courts FEIN to Lee County’s FEIN.

MANAGEMENT RECOMMENDATION:

Approve Interlocal Agreement and use of Lee County’s FEIN by Court Administration.

(#20060659 – Court Administration)

 

13.

HEARING EXAMINER

14.

PORT AUTHORITY

15.

CONSTITUTIONAL OFFICERS

 

 WALK ON AGENDA
May 30, 2006
 

#1

Walk On

 

ACTION REQUESTED/PURPOSE:
Work with the Lee County MPO to view project information and identify potential project effects to community resources and consistency with the Lee Plan through the FDOT District One Efficient Transportation Decision Making (ETDM) process.
WHAT ACTION ACCOMPLISHES: 
Provides a means for Lee County’s involvement in FDOT’s ETDM process.
MANAGEMENT RECOMMENDATION: 
Work through the MPO to participate in the ETDM process.
REASON FOR WALK ON:
At the May 23rd BOCC meeting, the Board asked that staff bring back a walk-on agenda item related to possible County participation in FDOT’s ETDM process.  (#20060719 – Transportation)