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

 

 

November 14, 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

 

9:30 AM

Invocation:

Pastor Richard Cecil

The Father’s House

 

 

 

 

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

 

 

 

Walk-ons and Carry-overs

 

 

 

Commissioners' Items/Committee Appointments

 

 

 

County Manager Items

 

 

 

County Attorney Items

 

 


PUBLIC AGENDA
November 14, 2006
 

9:30 AM

Public Hearings

 

 

PH 1

ACTION REQUESTED/PURPOSE: 

Adopt and enact an ordinance known as the Laguna Estates Community Development District Ordinance.

WHAT ACTION ACCOMPLISHES: 

Creates an independent special district that provides an alternative method to manage and finance basic services for community development.  If adopted, the ordinance will create an independent Special District capable of financing and providing the basic services within the District boundary.

MANAGEMENT RECOMMENDATION:

Approve (#20061463 – County Attorney)

 

PH 2

ACTION REQUESTED/PURPOSE: 

Adopt and enact an ordinance known as the Portofino Vineyards Community Development District Ordinance.

WHAT ACTION ACCOMPLISHES: 

Creates an independent special district that provides an alternative method to manage and finance basic services for community development.  If adopted, the ordinance will create an independent Special District capable of financing and providing the basic services within the District boundary.

MANAGEMENT RECOMMENDATION:

Approve (#20061464 – County Attorney)

 

PH 3

ACTION REQUESTED/PURPOSE: 

Adopt and enact an ordinance known as the Portofino Springs Community Development District Ordinance.

WHAT ACTION ACCOMPLISHES: 

Creates an independent special district that provides an alternative method to manage and finance basic services for community development.  If adopted, the ordinance will create an independent Special District capable of financing and providing the basic services within the District boundary.

MANAGEMENT RECOMMENDATION:

Approve (#20061466 – County Attorney)

 

 

Adjourn until 5:00 PM


CONSENT AGENDA

November 14, 2006

 

1.

COUNTY ADMINISTRATION

2.

CONSTRUCTION AND DESIGN

 

(A)

ACTION REQUESTED/PURPOSE: 

Approve Addendum to the Construction Manager Agreement, for RFQ-05-08 Justice Center 4th Floor, Hearing Rooms 9-12, with Target Builders, Inc., to include the Guaranteed Maximum Price (GMP) in the amount of $159,170.00 (which includes the CM Fee of 9.7% or $14,105.00), with a project completion time of five (5) months.  Also request Board approve waiving of any formal process (if needed) and authorize the use of the Direct Material Purchase Orders as provided 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 Addendum upon receipt.

WHAT ACTION ACCOMPLISHES: 

For work to be performed on the 4th floor Hearing Rooms 9-12 - to include but not limited to; remodeling services on existing ceiling system, cabinets, flooring, installation of new, acoustical ceiling system, sprinkler heads, carpeting, clean up and supervision.

MANAGEMENT RECOMMENDATION: 

Staff recommends approval (#20061433 – Construction & Design)

 

3.

COUNTY COMMISSIONERS

4.

COMMUNITY DEVELOPMENT

 

(A)

ACTION REQUESTED/PURPOSE: 

Authorize the amendments to the SHIP (State Housing Initiatives Partnership) affordable housing program contracts as follows:

  1. Southwest Florida Addiction Services (SWFAS) –increase contract C-3384 from $165,385 to $201,187 and change the scope from rehabbing one house (2 beds) and 2 apts (2 beds each or 4 beds) to rehabbing transitional living housing by adding a new wing w/6 beds to include 2 very low and 1 low income households and rehab the 2 apts (2 beds each or 4 beds) to include 4 very low income households for a total of 10 beds.
  2. Partnership-in-Housing, Inc. – extend contract C-3379 to May 31, 2007 and increase it from $501,622 to $578,109 to offset unexpected development costs in Pueblo Bonito III in Bonita Springs.
  3. Lee Co Housing Development Corp (LCHDC) – extend contract C-2835 to May 31, 2007 and reduce contract C-2835 from $195,000 to 130,000 and change the scope from rehabbing 9 low income to rehabbing 1 very low and 3 low income households
  4. LCHDC reduce C-3467 from $100,000 to $85,000 and change the scope from rehabbing 4 low households to new construction for 1 very low and 1 low income households.
  5. LCHDC extend contract C-3072 to May 31, 2007

WHAT ACTION ACCOMPLISHES: 

Adapting to economic conditions and timely expenditure of funds.

MANAGEMENT RECOMMENDATION:
Approve (#20061475)

5.

HUMAN SERVICES

6.

INDEPENDENT

 

(A)

ACTION REQUESTED/PURPOSE: 

Approve Budget Amendment Resolutions for the (1) Gasparilla Beach Renourishment, fund #35210, for $1,036,949 and the (2) Briarcrest Circle Sewer, fund #35254, for $8,441.

WHAT ACTION ACCOMPLISHES:  

Allows staff to process payments.

MANAGEMENT RECOMMENDATION: 

Approve (#20061434 – MSTBU Services)

 

 

(B)

ACTION REQUESTED/PURPOSE: 

Adopt a resolution changing fees for Animal Services (amend Administrative Code 3-10) – as required by Ord. No. 06-12 due to changes in license fees

WHAT ACTION ACCOMPLISHES: 

Adds annual license tag fees for annual rabies vaccinations.

MANAGEMENT RECOMMENDATION: 

Approve (#20061435 – Animal Services)

 

 

(C)

ACTION REQUESTED/PURPOSE: 

Approve the public official bonds of certain public officials as required by Florida Statute 137.

WHAT ACTION ACCOMPLISHES: 

Florida Statute 137 requires that the Board of County Commissioners approve the bonds of certain elected officials, including the office of County Commissioners.

MANAGEMENT RECOMMENDATION: 

Approve (#20061458 – Public Resources)

 

 

(D)

ACTION REQUESTED/PURPOSE:

Authorize submission of the Library Division’s Annual Plan of Service to the Florida Department of State, Division of Library and Information Services for FY 2006-2007.  To remain eligible for the State Aid to Libraries Grant Program, Florida Administrative Code 1B-2 requires submission of this document to the State no later than December 1, 2006

WHAT ACTION ACCOMPLISHES:

Fully qualifies the Lee County Library System for funding

MANAGEMENT RECOMMENDATION:

Recommends approval (#20061460 – Library)

 

 

(E)

ACTION REQUESTED/PURPOSE:

Set a public hearing date of November 28, 2006 for the proposed implementation of the standard fixed-route fare structure on LeeTran Route 150 - Bonita Springs to be effective

December 21, 2006.

WHAT ACTION ACCOMPLISHES:

Sets a public hearing date of November 28, 2006 for implementing a fare on Route 150.  Complies with Administrative Code AC-11-15 in which increases in fares for service require a public hearing.  Meets Federal requirements for soliciting public comment regarding the proposed fare increase.

MANAGEMENT RECOMMENDATION:

Recommend to set the public hearing date of November 28, 2006 in consideration of implementing fares on LeeTran Route 150. (#20061472 – Transit)

 

7.

PUBLIC SAFETY

8.

SOLID WASTE-NATURAL RESOURCES

 

(A)

ACTION REQUESTED/PURPOSE:

Approve and authorize the Chairman to sign the “Standard Large Generator Interconnection Agreement” with Florida Power & Light (FPL) that includes a cost estimated by FPL of $146,000.00 for construction of FPL facilities.  Authorize a contingency allowance of an additional $25,000.00 should FPL’s estimate be insufficient.  Note:  the agreement provides that the County will pay for FPL’s cost for construction.

WHAT ACTION ACCOMPLISHES:

Allows FP&L to construct and maintain the necessary transmission system connection for the WTE Expansion Project generator.

MANAGEMENT RECOMMENDATION: 

Staff recommends approval (#20061457 – Solid Waste)

 

 

(B)

ACTION REQUESTED/PURPOSE: 

Approve Supplemental Task No. 1 (STA-1) under CN 06-12, Misc. Professional Services, to HDR, Inc. for a NTE price of $165,855.00 to provide engineering and technical support services during the construction of Church Rd.  This STA includes modifying the design of the easterly one mile of Church Rd in accordance with recent Hendry County/BOCC discussions.

WHAT ACTION ACCOMPLISHES: 

Provides the required technical support and engineering assistance during the construction of Church Rd.

MANAGEMENT RECOMMENDATION: 

Staff recommends approval of the motion. (#20061473 – Solid Waste)

 

9.

TRANSPORTATION

 

(A)

ACTION REQUESTED/PURPOSE: 

Approve the resolution authorizing the Chairwoman to execute the attached County Incentive Program Agreement and Memorandum of Agreement with FDOT for Business 41 North from Littleton Road to US 41.  Also, approve budget transfer from Project #205061-Business 41     Littleton-US 41 to District 02 and District 22 Road Impact Fee Reserves and amend the FY 2006/07-2010/11 CIP accordingly.

WHAT ACTION ACCOMPLISHES: 

Allows County to enter into a CIGP and MOA Agreement with FDOT for Lee County to provide $700,000 to FDOT for the Design phase of Business 41 North.

MANAGEMENT RECOMMENDATION: 

Approve. (#20061430 – Transportation)

 

 

(B)

ACTION REQUESTED/PURPOSE: 

Approve Joint Project Agreement with the Florida Department of Transportation for installation of 72” buried pipe across Three Oaks Parkway in the amount of $90,720.00.  Also, approve authorizing resolution for Chairwoman to execute agreement and budget amendment resolution in the Transportation Capital Improvement Fund.  Amend the FY 07-11 CIP.

WHAT ACTION ACCOMPLISHES: 

Allows contractor on-site (Posen Construction) to install pipe.

MANAGEMENT RECOMMENDATION: 

Recommend approval. (#20061474 – Transportation)

 

10.

UTILITIES

 

(A)

ACTION REQUESTED/PURPOSE:

Approve final acceptance, by Resolution as a donation of water distribution and gravity collection systems to provide potable water service, fire protection and sanitary sewer service to Bella Terra, Phases 3C-1 & 3C-2, two phases of a residential development.  This is a developer contributed asset project located on the south side of Corkscrew Road, approximately 1-2/3 mile east of Alico Road in Estero.

WHAT ACTION ACCOMPLISHES:

Places the potable water and sanitary sewer facilities into operation and complies with the Lee County Utilities Operations Manual.

MANAGEMENT RECOMMENDATION:

Approval. (#20061411 – Utilities)

 

 

(B)

ACTION REQUESTED/PURPOSE:

Approve final acceptance, by Resolution, as a donation of one 8’’ diameter fire line and one 2’’ diameter water service to provide potable water service and fire protection to Saint Columbkille Church, a recently constructed church addition. This is a Developer Contributed asset project located on the south side of Iona Road approximately 800’ west of Thornton Road.

WHAT ACTION ACCOMPLISHES:

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

MANAGEMENT RECOMMENDATION:

Approval. (#20061413 – Utilities)

 

 

(C)

ACTION REQUESTED/PURPOSE:

Approve final acceptance, by Resolution and recording of one Utility Easement, as a donation of a water main extension, one 8’’ diameter fire line, two fire hydrants and one 2’’ diameter water service to provide potable water service and fire protection to O’Mara Subdivision, Lot 6, a recently constructed Industrial building. This is a Developer Contributed asset project located on the west side of Metro Parkway approximately 2/3 mile north of Daniels 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. (#20061415 – Utilities)

 

 

(D)

ACTION REQUESTED/PURPOSE:

Approve final acceptance, by Resolution and recording of one Utility Easement, as a donation of one 6’’ diameter fire line, one fire hydrant, two 2’’ diameter water services and a sewer lateral to provide potable water service, fire protection and sanitary sewer service to Peace Lutheran Church, a recently constructed place of worship. This is a Developer Contributed asset project located on the northwest corner of McGregor Blvd. and Thornton Road.

WHAT ACTION ACCOMPLISHES:

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

MANAGEMENT RECOMMENDATION:

Approval. (#20061447 – Utilities)

 

11.

PARKS AND RECREATION

 

(A)

ACTION REQUESTED/PURPOSE:  

Request authorization to advertise for and conduct a Public Hearing on Tuesday, December 12, 2006, at 5:00 p.m. in Chambers to consider the adoption and execution of the proposed Ordinance repealing and replacing Lee County Ordinance No. 90-56; as Amended by Ordinance 01-01 and 02-12, entitled, “Lee County Parks”.

WHAT ACTION ACCOMPLISHES:  

Board to formally adopt Ordinance at a Public Hearing

MANAGEMENT RECOMMENDATION:  

Set Public Hearing date and time for Tuesday, December 12, 2006 at 5:00 p.m. to allow the process to go forward. (#20060899 – Parks and Recreation)

 

12.

COUNTY ATTORNEY

 

(A)

ACTION REQUESTED/PURPOSE: 

Authorize Chairwoman to execute a County Deed for the purpose of correcting an erroneous Tax Deed and restoring title to the proper owner.

WHAT ACTION ACCOMPLISHES: 

Corrects erroneous Tax Deed and restores title of property to proper owner.

MANAGEMENT RECOMMENDATION:

Approve (#20061462 – County Attorney

13.

HEARING EXAMINER

14.

PORT AUTHORITY

15.

CONSTITUTIONAL OFFICERS

 

(A)

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  (#20061469 – Clerk of Court)

 

 

ADMINISTRATIVE AGENDA

November 14, 2006

 

1.

COUNTY ADMINISTRATION

2.

CONSTRUCTION AND DESIGN

3.

COUNTY COMMISSIONERS

4.

COMMUNITY DEVELOPMENT

5.

HUMAN SERVICES

6.

INDEPENDENT

7.

PUBLIC SAFETY

8.

SOLID WASTE-NATURAL RESOURCES

9.

TRANSPORTATION

 

(A)

ACTION REQUESTED/PURPOSE:  

Approve an amendment to the Daniels Parkway Controlled Access Resolution to add a connection point on the south side of Daniels Parkway at STA 272+40+/-50.

WHAT ACTION ACCOMPLISHES:  

Addition of the connection point satisfies a court order and provides reasonable access to the parcel at 8300 Daniels Parkway.

MANAGEMENT RECOMMENDATION: 

Approve the amendment adding the connection point. (#20061424 – Transportation)

 

10.

UTILITIES

11.

PARKS AND RECREATION

12.

COUNTY ATTORNEY

 

(A)

ACTION REQUESTED/PURPOSE:  

Update current Interlocal Agreements between Lee County and the City of Fort Myers regarding the exemption from certain impact fees provided to residential development within the Fort Myers/Lee County Enterprise Zone.

WHAT ACTION ACCOMPLISHES:  

Exempts residential development within the expanded boundaries of the Fort Myers/Lee County Enterprise Zone from certain impact fees.

MANAGEMENT RECOMMENDATION: 

Execute interlocal agreement. (#20061468 – County Attorney)

 

13.

HEARING EXAMINER

14.

PORT AUTHORITY

15.

CONSTITUTIONAL OFFICERS

 

WALK ON AGENDA

November 14, 2006

 

#1

Walk On

 

ACTION REQUESTED/PURPOSE:
Ceremonial Resolution Recognizing Alzheimer’s Awareness Month
REASON FOR WALK ON
In order to recognize the request in a timely manner (#20061506 – County Commission)

 

#2

Walk On

 

ACTION REQUESTED/PURPOSE: 
Authorize the Chairwoman to execute Modification #4 to agreement with the Department of Community Affairs Contract #05DS-2N-09-46-01-105 to reinstate and extend the agreement to November 30, 2006.          
WHAT ACTION ACCOMPLISHES: 
Provides additional time for Lee County to conduct homeland security related planning, training and exercise tasks. 
MANAGEMENT RECOMMENDATION: 
Staff recommends approval.
REASON FOR WALK ON:
To meet State required time lines for extending the agreement.(#20061508 – Public Safety)

 


          PUBLIC AGENDA

                                                                                  November 14, 2006 

 

5:00 PM

#1

Public Hearing

 

ACTION REQUESTED/PURPOSE:

Conduct Public Hearing on November 14, 2006 at 5:00 p.m. to adopt resolution to approve the schedule of fees increases for the Greater Pine Island Water Association, Inc.

WHAT ACTION ACCOMPLISHES:

A public hearing is required for the purpose of adopting a resolution for increasing franchisee water system rates and charges.

Advertising and conducting a pubic hearing will allow consideration of increasing water system rates and charges for providing necessary revenue as recommended in the Water Rate Study performed by PRMG, Inc.

MANAGEMENT RECOMMENDATION:

Approval. (#20061254 – Utilities)

 

 

5:05 PM

 

#1

Public Hearing

 

 

ACTION REQUESTED/PURPOSE:  

Conduct second public hearing on proposed amendments to the Land Development Code (LDC) to replace references to the Dunbar Enterprise Zone with the Fort Myers/Lee County Enterprise Zone, and to amend the description and sketch located in Appendix J to the LDC which sets forth the descriptions and sketches for the various Enterprise Zones within the County. 

WHAT ACTION ACCOMPLISHES:

a)  Updates LDC to reflect the renaming and expansion of Dunbar Enterprise Zone; b) replaces all references to the Dunbar Enterprise Zone throughout the LDC; and, c) allows for exemptions from roads, regional parks, community parks, and fire/EMS impact fees for residential development within the boundaries of the Enterprise Zone.

MANAGEMENT RECOMMENDATION:

Adopt ordinance. (#20061445 – County Attorney)

 

 

#2

Public Hearing

 

 

ACTION REQUESTED/PURPOSE:

Conduct first public hearing on proposed amendments to Chapter Two of the Land Development Code (LDC) that provide an administrative variance procedure to address certain nonconformities resulting from the exercise of eminent domain by a governmental authority.         

WHAT ACTION ACCOMPLISHES:

a) Provides relief to owners of improved property whose remaining property has been rendered nonconforming as to signs, landscaping, buffers, and open space; and, b) may reduce money that governmental authorities must pay in damages to owners of property. 

MANAGEMENT RECOMMENDATION: 

Direct to second public hearing on November 28, 2006 at 5:05 p.m.

(#20061467 – County Attorney)

 

 

#3

Public Hearing

 

 

ACTION REQUESTED/PURPOSE:

Conduct first public hearing on the proposed designation of Treeline Boulevard/Ben Hill Griffin Parkway as a controlled access facility between Daniels Parkway and Alico Road.

WHAT ACTION ACCOMPLISHES: 

The Land Development Code requires that the Board adopt resolutions that designate roadways as controlled access facilities utilizing the same process applicable to the adopting of ordinances affecting the use of land.

MANAGEMENT RECOMMENDATION: 

Direct to second public hearing on November 28, 2006, at 5:05 p.m.

(#20061470 – Transportation)

 

 

5:05 PM

Public Presentation of Matters by Citizens

 

 

Adjourn