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BOOK - 2005R - B.O.C.C.-----------------------------------
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DECEMBER 13, 2005
The
Regular Meeting
of the
was held on this date with the
following Commissioners present:
The Chairwoman called the meeting to order at 9:30 a.m. Commissioner Albion asked for a special
ANNOUNCEMENTS
Referring to the Agenda Revision
Recap Sheet
dated December 13, 2005, the Chairwoman announced
that:
Consent Item C8(b) had been heard as Walk On #2 at the December 6, 2005 meeting and should be
removed from the Agenda; and Consent Items C2(b) and C7(b) should be pulled indefinitely.
Commissioner Albion moved approval, seconded by Commissioner Janes, called and carried.
The following are the Consent Agenda items that each Board member wished to have discussed:
Commissioner Hall - None
Commissioner Janes – None
Commissioner Judah – C8(d)
Commissioner Albion - None
Commissioner St. Cerny - None
CONSENT AGENDA
1. COUNTY ADMINISTRATION
No requests received.
2. CONSTRUCTION AND DESIGN
(a)
ACTION REQUESTED/PURPOSE:
Approve the Addendum to the Construction Manager (CM) Agreement under RFQ-05-07, for the
project known as Hammond Stadium Bowl Caulking, to
for
a total Guaranteed Maximum Price (GMP) of $223,401.21, including the CM fee of $19,560.00, with a
total completion time of four (4) months. Also, authorize the Chairwoman to execute an Addendum,
upon receipt; request waiving of the formal process, if needed; and authorize the use of the Direct
County to purchase directly from suppliers of equipment and/or materials as a cost/time saving
measure. Also. approve
budget transfer
from General Fund reserves in the amount of $146,424.00.
WHAT ACTION ACCOMPLISHES:
MANAGEMENT RECOMMENDATION:
Approval recommended. (
#20051690
– Construction & Design)
Commissioner Albion moved approval, seconded by Commissioner St. Cerny, called and carried.
(b)
ACTION REQUESTED/PURPOSE:
Approve lease with Central Park Office Complex LLC, for 4,762.5 square feet of warehouse/office
Florida. Base rental cost will be $9.14 per square feet per year or $43,529.25 for the first year. Lease
will be for five years with the option to renew for an additional five years. There will be no CAM costs
related to this lease. Lease will increase 4% annually, and can be terminated by giving the Lessor three
months advance written notice. Also, approve transfer of funds from Reserves in the amount of
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$65,000.00 for one time start up cost, which includes installing an HVAC system in the warehouse
portion and phone lines, and rental costs for remainder of FY 05/06.
WHAT ACTION ACCOMPLISHES:
Allows Facilities Management to have a centrally located climate controlled warehouse to store
modular furniture used in county office buildings.
MANAGEMENT RECOMMENDATION:
Approve. (
#20051700
– Construction & Design)
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRWOMAN ANNOUNCED
THAT:
Consent Item C8(b) had been heard as Walk On #2 at the December 6, 2005 meeting and should be removed from the
Agenda; and Consent Items C2(b) and C7(b) should be pulled indefinitely. Commissioner Albion moved approval,
seconded by Commissioner Janes, called and carried.
(c)
ACTION REQUESTED/PURPOSE
:
Concur with the ranking of Consultants by the Competitive Negotiations Committee for CN-06-01
below order of ranking; and authorize contract negotiations to commence with the number-one ranked
firm, and the Chairwoman to execute the agreements upon final negotiations.
1) Parker/Mudgett/Smith Architects
2) RS&H
3) PBS&J.
WHAT ACTION ACCOMPLISHES
:
Authorizes negotiations for design services contract for the project known as CN-06-01 Renovations to
nd
MANAGEMENT RECOMMENDATION
:
Staff recommends approval. (
#20051709
– Construction and Design)
Commissioner Albion moved approval, seconded by Commissioner St. Cerny, called and carried.
3. COUNTY COMMISSIONERS
No requests received.
4. COMMUNITY DEVELOPMENT
No requests received.
5. HUMAN SERVICES
(a)
ACTION REQUESTED/PURPOSE
:
Approve Program
Amendments
activities; and authorize the Chairman to sign the
HUD Transmittal Letter
and sub-recipient contracts,
if any.
WHAT ACTION ACCOMPLISHES
:
Allows for reallocation of funds to prioritized activities.
MANAGEMENT RECOMMENDATION
:
Staff recommends approval. (
#20051652
– Human Services)
Commissioner Albion moved approval, seconded by Commissioner St. Cerny, called and carried.
(b)
ACTION REQUESTED/PURPOSE
:
Approve budget amendment resolutions for $2,449,422.00 in the Community Development Block
Grant Entitlement Fund #13920; $809,030.00 in the HOME Investment Partnerships
Program/American Dream Down-payment Initiative (ADDI) Fund #13921; and $93,933.00 in the
WHAT ACTION ACCOMPLISHES
:
expended in the correct budget categories.
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MANAGEMENT RECOMMENDATION
:
Approve budget amendment resolutions. (
#20051688
– Human Services)
Commissioner Albion moved approval, seconded by Commissioner St. Cerny, called and carried.
RESOLUTION NO. 05-12-06 through RESOLUTION 05-12-08
(c)
ACTION REQUESTED/PURPOSE:
Approve
transfer
from reserves, inter-fund transfer and budget amendment resolution in the amount of
$66,032.00. The Lee County Sheriff’s Office has provided a letter of approval and is in agreement to
use funds from court fines collected under Florida Statute 775.083, to fund a Neighborhood
WHAT ACTION ACCOMPLISHES:
Provides funding to address first time juvenile offenders, victims, and the victimization of local
school-based and merchant offences.
MANAGEMENT RECOMMENDATION:
Continue to enhance the Neighborhood Accountability Board Program by adopting the budget.
(
#20051689
– Human services)
Commissioner Albion moved approval, seconded by Commissioner St. Cerny, called and carried.
RESOLUTION NO. 05-12-09
6. INDEPENDENT
(a)
ACTION REQUESTED/PURPOSE
:
Approve the conveyance of County interest in the property described as the portion of Tract B, Morse
Shores Subdivision, Plat Book 9, Page 158A, to the
WHAT ACTION ACCOMPLISHES
:
MANAGEMENT RECOMMENDATION
:
Management recommends Board approve the Action Requested. (
#20051566
– County Lands)
Commissioner Albion moved approval, seconded by Commissioner St. Cerny, called and carried.
RESOLUTION NO. 05-12-10
(b)
ACTION REQUESTED/PURPOSE
:
Authorize grant of a 20 foot access and
utility easement,
pursuant to the terms and conditions as set forth in the Grant of Perpetual Ingress, Egress and Utility
Easement, Parcel 108, Caloosahatchee Creeks Preserve, Conservation Lands Program No. 8800.
Authorize the Chairwoman to sign the Grant of Easement; the payment of costs and fees to close in the
approximate amount of $50.00; and the Division of County Lands to handle and accept all
documentation necessary to complete this transaction and grant extension to close, if necessary.
WHAT ACTION ACCOMPLISHES
:
Avoids potential court action for Easement of Necessity by granting access to landlocked parcel.
MANAGEMENT RECOMMENDATION
:
Management recommends Board approve the Action Requested. (
#20051582
– County Lands)
Commissioner Albion moved approval, seconded by Commissioner St. Cerny, called and carried.
(c)
ACTION REQUESTED/PURPOSE
:
Authorize approval of
Easement Purchase Agreement
for acquisition of Parcel 603, STRAP No. 36-47-
25-B4-0130B.0010, from Mills Venture Group, Inc., for the Imperial Street Widening, Project 4060, in
the amount of $1,650.00. Authorize the Chairwoman to sign the Purchase Agreement; the payment of
costs and fees to close in the approximate amount of $500.00; and the 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 proceedings.
MANAGEMENT RECOMMENDATION
:
Management recommends Board approve the Action Requested (
#20051651
– County Lands)
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Commissioner Albion moved approval, seconded by Commissioner St. Cerny, called and carried.
(d)
ACTION REQUESTED/PRUPOSE:
#RFP4785DW, which has gone through their competitive bidding process for the purchase of an
Tran. The total price for the automatic bus passenger counting system is $81,100.00. This purchase is
100% federally funded by the Federal Transit Administration.
WHAT ACTION ACCOMPLISHES:
Board approval is required because this expenditure will exceed $50,000.00.
MANAGEMENT RECOMMENDATION:
By utilizing the Sarasota County Proposal, Lee Tran will be able to have the automatic bus passenger
quality transit service. (
#20051718
– Transit)
Commissioner Albion moved approval, seconded by Commissioner St. Cerny, called and carried.
7. PUBLIC SAFETY
(a)
ACTION REQUESTED/PURPOSE
:
Authorize Chairman to execute a
lease agreement,
Service District, for space in their fire stations to house EMS personnel and vehicles. Lease cost is
$600.00 per month, for three years, with an additional two (2) year renewal.
WHAT ACTION ACCOMPLISHES
:
Fulfills an operational need for secure, protected space to house its personnel and emergency vehicles.
MANAGEMENT RECOMMENDATION:
Staff recommends approval. (
#20051438
– Public Safety)
Commissioner Albion moved approval, seconded by Commissioner St. Cerny, called and carried.
(b)
ACTION REQUESTED/PURPOSE
:
Approve lease with Central Park Office Complex LLC, for 4,762.5 square feet of warehouse/office
Florida. Base rental cost will be $9.14 per square feet per year or $43,529.25 for the first year. Lease
will be for five years with the option to renew for an additional five years. There will be no CAM costs
related to this lease. Lease will increase 4% annually, and can be terminated by giving the Lessor three
months advance written notice.
WHAT ACTION ACCOMPLISHES
:
Allows for EMS to have warehouse space to store their Regional Domestic Security Task Force
supplies, in East Ft. Myers, that will be near Interstate 75 and will allow for rapid deployment via I-75
MANAGEMENT RECOMMENDATION
:
Approve. (
#20051672
– Public Safety)
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING THE CHAIRWOMAN ANNOUNCED
THAT:
Consent Item C8(b) had been heard as Walk On #2 at the December 6, 2005 meeting and should be removed from the
Agenda; and Consent Items C2(b) and C7(b) should be pulled indefinitely. Commissioner Albion moved approval,
seconded by Commissioner Janes, called and carried.
(c)
ACTION REQUESTED/PURPOSE
:
Authorize Chairwoman to execute
Modification #2
to Agreement #05-DS-2N-09-46-01-105, with the
WHAT ACTION ACCOMPLISHES
:
exercise tasks; and to complete certain Emergency Operations Center enhancements.
MANAGEMENT RECOMMENDATION
:
Staff requested extension; and therefore, recommends approval. (
#20051679
– Public Safety)
Commissioner Albion moved approval, seconded by Commissioner St. Cerny, called and carried.
8. SOLID WASTE-NATURAL RESOURCES
(a)
ACTION REQUESTED/PURPOSE
:
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Approve
Supplemental Agreement No. 2
to Contract No. 3117, with HDR, Inc., for an amount not to
exceed $631,788.00, for required engineering services related to the Waste-to-Energy Expansion
(WTE) Project, including consulting services for negotiating the operations service agreement
revisions, construction monitoring, acceptance test monitoring, and preparing final finance documents
for this project.
WHAT ACTION ACCOMPLISHES
:
Provides for additional engineering services related to the WTE expansion project
MANAGEMENT RECOMMENDATION
:
Staff recommends approval of the requested motion. (
#20051717
– Solid Waste)
Commissioner Albion moved approval, seconded by Commissioner St. Cerny, called and carried.
(b)
ACTION REQUESTED/PURPOSE:
Approve award of formal quotation RFP B&R 2661-SM155; and issuance of a purchase order to Delta
Ducan, Inc., the low price proposer, meeting all specification requirements, for carbon storage and
delivery equipment, in an amount of $407,180.00.
WHAT ACTION ACCOMPLISHES:
Provides the necessary carbon storage and delivery equipment for the Waste to Energy Expansion
Project.
MANAGEMENT RECOMMENDATION:
Staff recommends approval of the requested motion. (
#20051728
– Solid Waste)
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRWOMAN ANNOUNCED
THAT:
Consent Item C8(b) has been heard as Walk On #2 at the December 6, 2005 meeting and should be removed from the
Agenda; and Consent Items C2(b) and C7(b) be pulled indefinitely. Commissioner Albion moved approval, seconded
by Commissioner Janes, called and carried.
(c)
ACTION REQUESTED/PURPOSE
:
Approve award of Formal Quotation No. Q-060021, Purchase of Natural Resources Monitoring
WHAT ACTION ACCOMPLISHES
:
Purchases over $50,000.00 must be Board approved.
MANAGEMENT RECOMMENDATION
:
Provides an established quote to purchase equipment for the Best Management Practices grant project
#20051714
– Natural Resources)
Commissioner Albion moved approval, seconded by Commissioner St. Cerny, called and carried.
(d)
ACTION REQUESTED/PURPOSE
:
Award
B-06-01
Cleaning Operations in Fichter’s Creek, for the Division of Natural Resources, to the
lowest responsive, responsible bidder meeting all bidding requirements;
Mettauer Environmental, Inc.
,
for the lump-sum amount of $54,500.00; and accept all bid package alternate unit costs to be used at
the county’s discretion. This contract is for a period of ninety (90) days for final completion. Authorize
the Chairwoman to execute the contract upon receipt.
WHAT ACTION ACCOMPLISHES
:
Contractor will be required to perform cleaning operations in Fichter’s Creek as necessary to maintain
the hydraulic capacity of the channel. The work will include the removal and disposal of nuisance
vegetation and foreign debris and may require re-vegetation of disturbed areas.
MANAGEMENT RECOMMENDATION:
Staff recommends approval. (
#20051736
– Natural Resources)
PULLED FOR DISCUSSION
Commissioner Judah moved approval, seconded by Commissioner Janes. Commissioner Judah commended Natural
Resources Director Roland Ottolini for work well done; expressed concern with the possibility of operators getting
over zealous and destroying or removing vegetation that could affect the eco-system; and requested information
concerning oversight/monitoring of the project. Mr. Ottolini confirmed that Natural Resources employee Wanda
Wooten would be on site to monitor the project; and noted that there would be some re-vegetation of native plants on
the banks for erosion control. The motion was called and carried.
9. TRANSPORTATION
(a)
ACTION REQUESTED/PURPOSE
:
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BOOK - 2005R - B.O.C.C.-----------------------------------
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Approve
Change Order No. 11
amount of $106,789.00; and authorize Chairwoman to execute the Change Order on behalf of the
Board. Also, approve
budget transfer
in the amount of $400,000.00 from Gas Tax Reserves to the
WHAT ACTION ACCOMPLISHES
:
Project to proceed with construction
.
MANAGEMENT RECOMMENDATION
:
Approve. (
#20051615
– Transportation
)
Commissioner Albion moved approval, seconded by Commissioner St. Cerny, called and carried.
(b)
ACTION REQUESTED/PURPOSE
:
Award
B-05-23
lowest, responsive/responsible bidder meeting all bidding requirements,
Vila & Sons Landscaping
Corp.
, for a total not-to-exceed amount of $584,926.75, with a final project completion time of 455
calendar days. This project was anticipated, and funds are available.
WHAT ACTION ACCOMPLISHES
:
Provides Lee County with a contractor for the installation of plant material and underground irrigation
system, including maintenance of traffic, berms (soil), sod, wells, pumps, electrical, directional boring
and landscape and irrigation maintenance.
MANAGEMENT RECOMMENDATION
:
Approval recommended. (
#20051668
Commissioner Albion moved approval, seconded by Commissioner St. Cerny, called and carried.
(c)
ACTION REQUESTED/PURPOSE:
Award
B-05-26
Gunnery Road Widening, to the lowest, responsive, responsible bidder,
Stevens &
Layton, Inc.
, for a total not-to-exceed amount of $10,207,288.63, with a final project completion time
of 480 calendar days. Also, authorize Chairwoman to execute agreement upon receipt. This CIP was
anticipated, and funds are available.
WHAT ACTION ACCOMPLISHES:
roadway with sidewalks on both sides, detention swales adjacent to roadway under Lee County Electric
Copperative power lines, 140 LF of (4) 10’x9’ box culverts to replace existing bridge, 126 LF of (2)
60” RCP, extensive MOT.
MANAGEMENT RECOMMENDATION:
Approval Recommended. (
#20051677
Commissioner Albion moved approval, seconded by Commissioner St. Cerny, called and carried.
10. UTILITIES
(a)
ACTION REQUESTED/PURPOSE:
Approve final acceptance, by Resolution and recording of two (2)
utility easements,
as a donation of
water distribution and gravity systems, force main extension and one (1) lift station to provide potable
water service, fire protection and sanitary sewer service to Coco Bay, a residential development. This is
a developer contributed asset project located approximately 500 feet south of Kelly Road and 2,000
feet east of McGregor Boulevard.
WHAT ACTION ACCOMPLISHES
:
Provides adequate utility infrastructure to support development of the subject property, and complies
MANAGEMENT RECOMMENDATION:
Approve. (
#20051526
– Utilities)
Commissioner Albion moved approval, seconded by Commissioner St. Cerny, called and carried.
RESOLUTION NO. 05-12-11
(b)
ACTION REQUESTED/PURPOSE
:
Approve final acceptance, by Resolution and recording of one (1)
utility easement,
as a donation for
protection and sanitary sewer service to the recently constructed Sanctuary. This is considered a
developer contributed asset project located on the north side of Gladiolus Drive, approximately 500
feet west of Bass Road.
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WHAT ACTION ACCOMPLISHES
:
Provides adequate utility infrastructure to support development of the subject property, and complies
MANAGEMENT RECOMMENDATION
:
Approve. (
#20051562
– Utilities)
Commissioner Albion moved approval, seconded by Commissioner St. Cerny, called and carried.
RESOLUTION NO. 05-12-12
(c)
ACTION REQUESTED/PURPOSE
:
Approve final acceptance, by Resolution and recording of one (1)
utility easement,
as a donation of
water, gravity and force main extensions and one (1) lift station to provide potable water service, fire
development. This is a developer contributed asset project located on the south side of Hancock Bridge
Avenue.
WHAT ACTION ACCOMPLISHES
:
Provides adequate utility infrastructure to support development of the subject property, and complies
MANAGEMENT RECOMMENDATION
:
Approve. (
#20051632
– Utilities)
Commissioner Albion moved approval, seconded by Commissioner St. Cerny, called and carried.
RESOLUTION NO. 05-12-13
(d)
ACTION REQUESTED/PURPOSE
:
Approve final acceptance, by Resolution, as a donation of water distribution and gravity collection
Phase 1B, a phased residential development
.
This is a developer contributed asset project located on
the north side of Estero Parkway, approximately 2/3 mile east of South Tamiami Trail.
WHAT ACTION ACCOMPLISHES
:
Operations Manual.
MANAGEMENT RECOMMENDATION
:
Approve. (
#20051636
– Utilities)
Commissioner Albion moved approval, seconded by Commissioner St. Cerny, called and carried.
RESOLUTION NO. 05-12-14
(e)
ACTION REQUESTED/PURPOSE:
Approve final acceptance, by Resolution, as a donation of water distribution and gravity collection
systems, force main extension and one (1) lift station to provide potable water service, fire protection
development. This is a developer contributed asset project located on the south side of Hancock Bridge
Avenue.
WHAT ACTION ACCOMPLISHES
:
Provides adequate utility infrastructure to support development of the subject property, and complies
MANAGEMENT RECOMMENDATION:
Approve. (
#20051637
– Utilities)
Commissioner Albion moved approval, seconded by Commissioner St. Cerny, called and carried.
RESOLUTION NO. 05-12-15
(f)
ACTION REQUESTED/PURPOSE
:
Approve final acceptance, by Resolution, as a donation of water distribution and gravity collection
Estates, Parcel D, a phased residential development. This is a developer contributed asset project
WHAT ACTION ACCOMPLISHES
:
Provides adequate utility infrastructure to support development of the subject property, and complies
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MANAGEMENT RECOMMENDATION
:
Approve. (
#20051638
– Utilities)
Commissioner Albion moved approval, seconded by Commissioner St. Cerny, called and carried.
RESOLUTION NO. 05-12-16
(g)
ACTION REQUESTED/PURPOSE
:
Approve final acceptance, by Resolution, as a donation of a water distribution system, gravity
collection system, lift station and force main extension to provide potable water service, fire protection
and sanitary sewer service to Grande Oak East, Tract 10, a recently constructed 169-lot single-family
residential subdivision. This is a developer contributed asset project located on the north side of
Corkscrew Road, approximately 1.5 miles east of Interstate 75.
WHAT ACTION ACCOMPLISHES
:
Provides adequate utility infrastructure to support development of the subject property, and complies
MANAGEMENT RECOMMENDATION
:
Approve. (
#20051673
– Utilities)
Commissioner Albion moved approval, seconded by Commissioner St. Cerny, called and carried.
RESOLUTION NO. 05-12-17
(h)
ACTION REQUESTED/PURPOSE
:
Approve final acceptance, by Resolution and recording of two Rebateable Agreements, one
water
and
one
sewer;
and authorize the Chairwoman to execute the Rebateable Agreements, as donations of a
water distribution system, gravity collection system, lift station and force main extension to provide
potable water service, fire protection and sanitary sewer service to Estero Palms, a recently constructed
developer contributed asset project located on the south side of Block Lane, approximately 1,850 feet
south of Corkscrew Road and 350 feet west of River Ranch Road.
WHAT ACTION ACCOMPLISHES:
Provides adequate utility infrastructure to support development of the subject property as well as other
MANAGEMENT RECOMMENDATION
:
Approve. (
#20051676
- &Utilities)
Commissioner Albion moved approval, seconded by Commissioner St. Cerny, called and carried.
RESOLUTION NO. 05-12-18
(i)
ACTION REQUESTED/PURPOSE
:
Approve
Supplemental Task Authorization (STA) No. 3
Estates Wastewater Treatment Plant (WWTP) Study of Expansion Alternatives, in the amount of
$99,900.00. Also, approve
budget transfer
Improvement Reserves to the Waterway Estates WWTP project; and amend FY 05/06 – 09/10 CIP
accordingly. Also, authorize the Chairwoman to execute Supplemental Task Authorization No. 3.
WHAT ACTION ACCOMPLISHES
:
Waterway Estates WWTP Study of Expansion Alternatives
MANAGEMENT RECOMMENDATION
:
Staff recommends approval. (
#20051691
– Utilities)
Commissioner Albion moved approval, seconded by Commissioner St. Cerny, called and carried.
11. PARKS AND RECREATION
(a)
ACTION REQUESTED/PURPOSE
:
Approve, and execute, a
grant agreement,
Services, Division of Forestry, under the Urban and Community Forestry Grant Program, for 2005
Charley. Approve Budget Amendment Resolution in the amount of $136,125.00.
WHAT ACTION ACCOMPLISHES
:
Forestry under the Urban and Community Forestry Grant Program for 2005 Emergency Hurricane
MANAGEMENT RECOMMENDATION
:
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Approve and execute grant agreement. (
#20051685
– Parks and Recreation)
Commissioner Albion moved approval, seconded by Commissioner St. Cerny, called and carried.
RESOLUTION NO. 05-12-19
12. COUNTY ATTORNEY
No requests received.
13. HEARING EXAMINER
No requests received.
874
14. PORT AUTHORITY
No requests received.
15. CONSTITUTIONAL OFFICERS
(a)
ACTION REQUESTED/PURPOSE:
Approve
transfer
from General Fund Reserves in the amount of $463,925.00, to hire ten (10) bailiff
Anticipated date of hire is February 2006. The annualized cost for additional bailiffs is $540,000.00.
WHAT ACTION ACCOMPLISHES:
MANAGEMENT RECOMMENDATION:
Recommend approval. (
#20051734
– Sheriff)
Commissioner Albion moved approval, seconded by Commissioner St. Cerny, called and carried.
(b)
ACTION REQUESTED/PURPOSE:
Approve
disbursements.
WHAT ACTION ACCOMPLISHES:
Compliance with the requirements of FS 136.06(1). Florida Statute Chapter 136.06(1) requires that all
County disbursements be recorded in the Minutes of the Board.
MANAGEMENT RECOMMENDATION:
Approve. (
#20051735
– Clerk of Court)
Commissioner Albion moved approval, seconded by Commissioner St. Cerny, called and carried.
ADMINISTRATIVE AGENDA
1. COUNTY ADMINISTRATION
No requests received.
2. CONSTRUCTION AND DESIGN
No requests received.
3. COUNTY COMMISSIONERS
No requests received.
4. COMMUNITY DEVELOPMENT
No requests received.
No requests received.
6. INDEPENDENT
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(a)
ACTION REQUESTED/PURPOSE
:
Authorize approval of the purchase of Parcel 284, STRAP Nos. 19-46-24-W3-01700.0200; 20-46-24-
$1,050,000.00. Authorize the Chairwoman to execute
Purchase Agreement;
the payment of necessary
costs and fees to close in the approximate amount of $7,000.00; and the Division of County Lands to
handle and accept all documentation necessary to complete this transaction.
WHAT ACTION ACCOMPLISHES
:
The acquisition of one of the properties recommended by the Conservation Acquisition and
Stewardship Advisory Committee, and approved for acquisition on Blue Sheet 20040570.
MANAGEMENT RECOMMENDATION
:
Considering the recommendation of this parcel by CLASAC, Staff recommends the Board approve the
Action Requested. (
#20051617
– County Lands) (
Affidavit)
Commissioner Albion moved approval, seconded by Commissioner Judah, called and carried.
(b)
ACTION REQUESTED/PURPOSE
:
Authorize approval of the purchase of Parcel 283, STRAP No. 20-6-24-W4-01700.0220, from Randall
Purchase
Agreement;
the payment of necessary costs and fees to close in the approximate amount of $2,500.00;
and the Division of County Lands to handle and accept all documentation necessary to complete this
transaction.
WHAT ACTION ACCOMPLISHES
:
The acquisition of one of the properties recommended by the Conservation Acquisition and
Stewardship Advisory Committee and approved for acquisition on Blue Sheet 20040570.
MANAGEMENT RECOMMENDATION
:
Considering the recommendation of this parcel by CLASAC, Staff recommends the Board approve the
Action Requested. (
#20051618
– County Lands) (
Affidavit)
Commissioner Janes moved approval, seconded by Commissioner Judah, called and carried.
7. PUBLIC SAFETY
No requests received.
8. SOLID WASTE-NATURAL RESOURCES
(a)
ACTION REQUESTED/PURPOSE
:
Waive formal procurement procedures, and approve award and issuance of a purchase order to Covanta
Energy, Inc., the sole-source provider, meeting all project requirements for a Continuous Emissions
Monitoring System (CEM) including engineering, and all equipment, in the not to exceed amount of
$583,000.00 that includes an allowance of $10,890.00 for field start-up labor and expenses.
WHAT ACTION ACCOMPLISHES
:
Provides the necessary CEM equipment/system for the Waste to Energy Expansion Project.
MANAGEMENT RECOMMENDATION
:
Staff recommends approval of this request. (
#20051721
– Solid Waste)
Commissioner Judah moved approval, seconded by Commissioner Janes, called and carried.
No requests received.
10. UTILITIES
No requests received.
11. PARKS AND RECREATION
No requests received.
ADMINISTRATIVE AGENDA ITEM 12(A) WAS HEARD PRECEDING WALK-ON ITEM NO. 1.
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12. COUNTY ATTORNEY
(a)
ACTION REQUESTED/PURPOSE:
WHAT ACTION ACCOMPLISHES
:
Compliance with Land Development Code (LDC) provisions governing documentation of the planned
Improvement Program for Educational Facilities to the Board of County Commissioners for approval.
MANAGEMENT RECOMMENDATION
:
Approve. (
#20051699
- County Attorney)
Lee County School District Superintendent Dr. James Browder, with the use of a PowerPoint presentation, stated that,
since the inception of school impact fees, $105,197,651.00 has been collected; pointed out that impact fees make up
24.8% of the revenue in the School Board capital budget this year; explained in detail the use of the funds by
zone/project, and apprised that the school district has grown by over 21,000 students in the past seven years. He
expressed appreciation to the Board and staff for their support. Commissioner Judah inquired if the School Board was
aware of the Building Industry’s use of a task force to try limit and curtail the ability of counties to impose impact fees
by influencing State Legislature. Dr. Browder explained that Cerra Consulting Group representative Bob Cerra, the
School District’s legislative liaison in Tallahassee, is working with all growth districts to present the other side of the
picture; and noted that the State is behind with the class size amendment. Commissioner Albion opined the building
industry is looking at a transfer tax rather than an impact fee, to potentially capture new people coming into the State.
Dr. Browder agreed there needed to be an available revenue stream to maintain the level of growth. In response to
Commissioner Albion’s question, Dr. Browder replied that the money was allocated for the schools that are being
built; and added that almost $100 million was being borrowed, in the capital budget, to provide the space necessary
for the growth. Dr. Browder explained that the intent of the class size amendment was that it be fully funded by the
State, but it has not been fully funded on the capital side; noted that there is a lawsuit pending on the co-teacher
concept of the class size amendment; and anticipated an item on the ballot in 2006 with an opportunity for the citizens
to see the real cost. Commissioner Albion raised concern with the possibility of too much funding being collected in
impact fees if the referendum identifies a different funding source. Dr. Browder replied that impact fees were a ‘piece
of the puzzle” to cover the growth. Discussion ensued between Commissioner Albion and Dr. Browder concerning
the State’s responsibility to provide funding contained in the class size amendment; and the need to fix that gap, that it
is a matter of law and not legislative discretion. Commissioner Judah moved approval, seconded by Commissioner
Albion, called and carried.
(b)
ACTION REQUESTED/PURPOSE
:
Approve the Resolution of Necessity for the acquisition and condemnation of Parcels 1, 23, 56, 58, 63,
64, and 91 required for the Gladiolus Drive Widening Project, No. 4083.
WHAT ACTION ACCOMPLISHES
:
Allows the County to proceed with condemnation, if necessary, so parcels can be acquired for the
Gladiolus Drive Widening Project, No. 4083
MANAGEMENT RECOMMENDATION
:
Management recommends Board approve the Action Requested. (
#20051712
– County Attorney)
Commissioner Janes moved approval, seconded by Commissioner Judah, called and carried.
RESOLUTION NO. 05-12-20
13. HEARING EXAMINER
No requests received.
CONVENE AS THE BOARD OF PORT COMMISSIONERS
14. PORT AUTHORITY
Hole Montes, Inc., in the amount of $5,000.00, to provide construction administration services for the
RSW Interspace Airport Advertising. Funds are available in account 418 000 542450 6510, RSW
Non-Bond.
FOR ACTION TAKEN, SEE THE PORT AUTHORITY MEETING.
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Interspace Airport Advertising project at RSW; and approve a Total Project Budget in the amount of
$659,209.00. Funds are available in account 418 000 542450 6410, RSW Non-Bond.
FOR ACTION TAKEN, SEE THE PORT AUTHORITY MEETING.
(c) Approve the Actual Fiscal Year 2004-2005 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.
FOR ACTION TAKEN, SEE THE PORT AUTHORITY MEETING.
15. CONSTITUTIONAL OFFICERS
No requests received.
WALK-ON ITEM NO. 1
ACTION REQUESTED/PURPOSE:
Approve submittal of a FY 05/06 State Infrastructure Bank (SIB) loan application for $4.8 million, for
the construction phase of the four-laning of Three Oaks Parkway, between Corkscrew Road and Alico
Road #4081; and authorize the Chairwoman to execute a resolution committing to repay the loan with
minimal interest in FY 09/10 from District 24 road impact fees. Also, approve submittal of a FY 06/07
SIB loan application for $14,575,500.00, for the construction phase of the six-laning of Summerlin
Road, from Cypress Lake Drive to Boyscout Road, including an overpass at College Parkway #6007;
and authorize the Chairwoman to execute a resolution committing to repay the loan with minimal
interest in FY 09/10 from District 23 road impact fees.
WHAT ACTION ACCOMPLISHES:
Authorizes pursuit of a low interest loan to fund the Three Oaks Parkway four-lane and Summerlin
Road six-lane construction phases, thereby freeing up road impact fee funds to address other project
needs. Execution of resolution satisfies Florida Department of Transportation requirements regarding
repayments using local funding sources.
MANAGEMENT RECOMMENDATION:
Approve. (
#20051783
Commissioner Albion moved approval, seconded by Commissioner Judah, called and carried.
RESOLUTION NO. 05-12-21
and
RESOLUTION NO. 05-12-24
WALK-ON ITEM NO. 2
8. SOLID WASTE-NATURAL RESOURCES
ACTION REQUESTED/PURPOSE:
Approve
Change Order No. 2
to Contract No. 3304, Hurricane Charley Debris Removal, to TSI
Disaster Services, in the amount of $477,720.00, resulting in a new not-to-exceed contract total of
$1,007,420.00. Funds are available.
WHAT ACTION ACCOMPLISHES:
Provides additional hurricane debris removal prior to grant expiration.
MANAGEMENT RECOMMENDATION:
Staff recommends approval. (
#20051786
– Natural Resources)
Commissioner Janes moved approval, seconded by Commissioner Judah, called and carried.
FOR ACTION TAKEN.
COMMISSIONER ITEMS
BOOK - 2005R - B.O.C.C.-----------------------------------
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STATE INFRASTRUCTURE LOAN – After noting the State had denied the loan request needed to
complete the six-laning on US 41 between Corkscrew Road and San Carlos Park; Commissioner Judah stated that the
Department of Transportation would be production ready by the end of 2006, cited that the State was looking at
funding that stretch in 2011, and opined this was totally unacceptable. Commissioner Judah requested direction to
coordinate with the Florida Department of Transportation on the potential to borrow from the Commercial Paper
Program, a low interest loan from the State, and loan it to the FDOT under a joint participatory agreement that will be
reimbursed. Commissioner Albion opined that interest would be lost on that money; and suggested private sector
funding alternatives, and discussions with the Legislative Delegation. There was consensus to give formal direction to
Administrative Staff to pursue discussions with the FDOT and to look at all options.
and Coconut Road interchange and the $10 million earmarked for the Service Transportation Act; noted that Connie
Mack’s office was looking into the redirection of the funds to other interchanges or the widening of I-75; and asked
that Marlowe & Associates engage in discussions with the Congressional delegations to assist in redirection of those
funds. Commissioner Janes informed the Board that he had a conversation with the Senate delegation on this issue,
and explained that he had already suggested for them to work with the Ferguson Group, who are skilled in working
with political/legislative issues. Commissioner Hall emphasized the need to coordinate, with staff’s help, to prevent
being caught off guard or duplicating efforts. Commissioner Albion suggested waiting to hear back from Connie
Mack’s office before spending funds on lobbyists; and noted that this interchange was experimental and used as a
demonstration project with other aspects tied into many other elements and has complications attached to it.
Discussion followed with Chairwoman Hall requesting that Commissioners Judah and Janes coordinate with Assistant
TRASH ALONG INTERSTATE 75 - Commissioner Judah stated that I-75 was back to the
“uglification” of Lee County; expressed embarrassment that so much trash was along the roadway; noted uncertainty
Attorney David M. Owen incorporate the following information in the continued discussions, with Earth Justice and
others, between today and December 20
th
, regarding the storage of water on sugar cane fields:
The claim that, in order to store water on their property, it would be a private property
rights issue and a taking
The fact that the sugar cane industry would not exist if not for government action
the Okeechobee levy to help manage the irrigation and drainage system for sugar
cane production south of the Lake
That the sugar cane owners are not paying the full cost of bringing their product to
market because the Everglades Forever Act actually capped the sugar cane
industry owners’ liability at $320 million
The total devastation due to over-fertilization and utilization of land
on the relocation of gopher tortoises from private lands being readied for development, to Conservation 2020 lands
suitable for the habitat of the threatened species; and requested, instead of getting permits to entomb them, if there was
a way to protect these endangered species by using the 2020 land for relocation. Assistant County Attorney Andrea R.
Fraser noted that Assistant County Attorney Jed Schneck had provided a legal opinion based on a reading of the
current 2020 Ordinance; and agreed to further look into the request. Commissioner Judah commented that if there
was a need to amend the Ordinance to allow this request, he felt the Board collectively would agree. Commissioner
Hall suggested Commissioner Judah talk with the 2020 Committee to make them aware of this situation, and make a
recommendation to the Board.
RESIGNATION FROM TRANSIT AUTHORITY - Chairwoman Hall announced that Commissioner
Albion had forwarded his
letter of resignation
to the Transit Authority; and requested a volunteer to fill that seat.
Commissioner Janes recommended Commissioner Judah for the position, and Commissioner Judah accepted.
COMMITTEE APPOINTMENTS
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There were no appointments offered by the individual Commissioners.
COUNTY MANAGER ITEMS
COUNTY ATTORNEY ITEMS
9:30 A.M. AGENDA ITEM
– Public Hearing
(1)
ACTION REQUESTED/PURPOSE:
WHAT ACTION ACCOMPLISHES:
A Resolution adopted by the Board is the only means of expressing support or objection to the granting
of a
petition
to expand the boundaries of a UCDD of greater than 1,000 acres. Adoption of the
proposed resolution shows support for the expansion of an existing independent special district and
provides an alternative method to manage and finance basic services within the expanded area of the
Community Development District.
MANAGEMENT RECOMMENDATION:
(
#20051722
– County Attorney).
Affidavit of Publication
for the Public Hearing Agenda Item 1; and described this request. Commissioner Albion moved approval, seconded
by Commissioner St. Cerny. The Chairwoman called for public input; however, no one came forward. The motion
was called and carried.
RESOLUTION NO. 05-12-22
The Chairman recessed the meeting until 5:00 p.m. The Chairwoman called the meeting back to order at 5:02 p.m.
with all Commissioners present.
5:00 P.M. AGENDA ITEM -
Public Hearing
(1)
ACTION REQUESTED/PURPOSE:
Approve Resolution of Intent electing to use the Uniform Method of Collecting Non-Ad Valorem
WHAT ACTION ACCOMPLISHES:
Florida Statute 197.3632 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.
MANAGEMENT RECOMMENDATION:
Approve. (
#20051622
– Public Resources)
Affidavits of Publication
and
Notices of Intent for the 5:00 p.m. Public Hearing Agenda Item 1; and briefly described this request. Commissioner
St. Cerny moved for approval, seconded by Commissioner Judah. The Chairwoman called for public input; however,
no one came forward. The motion was called and carried.
RESOLUTION NO. 05-12-23
5:05 P.M. AGENDA ITEM -
Public Hearing
(1)
ACTION REQUESTED/PURPOSE:
pertaining to Planning Community Regulations.
WHAT ACTION ACCOMPLISHES:
Satisfies the statutory requirement to hold two public hearings to amend the LDC. If adopted, Chapter
33 will serve to consolidate all existing and proposed regulations applicable to the Estero Planning
Community under one Article; and establish the basic framework for the addition of new regulations
MANAGEMENT RECOMMENDATION:
Adopt proposed ordinance. (
#20051716
– County Attorney)
BOOK - 2005R - B.O.C.C.-----------------------------------
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Affidavits of Publication
for 5:05 p.m. Agenda Item 1; and briefly described this request. The Chairwoman called for public input and the
following persons came forward:
Estero Chamber of Commerce CEO & Chairman of the Board
stated her support, and
Development Planning Director Paul S. O'Connor, and all involved for their
efforts.
Dan DeLisi
explained all the work involved for past four years to reach this point, and
looked forward to working with this community.
ECPP member
thanked the Board for allowing people to participate in the process of
building the community; and stated they would work hard to make the
commercial corridors attractive and compatible with the residential communities.
ECPP member
Neal Noethlich
stated this council was all about vision, community character, and
citizen participation; and hoped for approval of the item.
Commissioner Judah moved approval, seconded by Commissioner Janes. Commissioner Janes explained that the
ECPP effort has been a model of what can be accomplished when people work together; and hoped this would send a
message to other communities. Commissioner Judah concurred with Commissioner Janes’ comments, commending
the great evolutionary process that demonstrated a tremendous accomplishment on the Estero Community Planning
Council; and thanking everyone involved. The motion was called and carried. The Ordinance adopted by the Board
and filed was
ENTITLED:
CHAPTERS 10, 30, AND 34; AMENDING CHAPTER 10, DEVELOPMENT
STANDARDS, GENERAL REQUIREMENTS APPLICABLE TO PLANNING
COMMUNITIES (§10-9); AND
AMENDING CHAPTER 30, SIGNS, TO CREATE PLANNING COMMUNITY
REGULATIONS (§30-56); AND
AMENDING CHAPTER 34, ZONING TO REPEAL ARTICLE VI, DIVISION 10,
ARTICLE VI, DIVISION 11, SUBDIVISION II (TICE REDEVELOPMENT
OVERLAY DISTRICT, §§34-1091 THROUGH 34-1093), SUBDIVISION III (FORT
THROUGH 34-1113), AND SUBDIVISION IV (NORTH TAMIAMI TRAIL
REDEVELOPMENT OVERLAY DISTRICT, §§34-1122 THROUGH 34-1124) IN
THEIR ENTIRETY; AMENDING GENERAL SUBMITTAL REQUIREMENTS FOR
APPLICATIONS REQUIRING PUBLIC HEARING (§34-202; AND, APPLICATION
PROCEDURE FOR PLANNED DEVELOPMENTS (§34-373); STREET SETBACKS
(§34-2192); AND
REPLACING THE CONTENTS WITH THE ESTERO PLANNING COMMUNITY,
CREATING CHAPTER 33, PLANNING COMMUNITY REGULATIONS,
PROVIDING ARTICLE I, IN GENERAL, PURPOSE AND INTENT (§33-1);
4); DEVIATIONS/VARIANCES (§33-5); APPEAL (§33-6); CREATING ARTICLE II,
PERTAINING TO THE ESTERO PLANNING COMMUNITY, PROVIDING
PURPOSE AND INTENT (§33-51); APPLICABILITY (§33-52); PLANNING
COMMUNITY BOUNDARIES (§33-53); COMMITTEE REVIEW (§33-54);
EXISTING DEVELOPMENT (§33-55); DEFINITIONS (§33-56); DEVIATIONS AND
VARIANCES (§33-57); DESIGN STANDARDS (§33-100); WATER MANAGEMENT
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(§33-113); PARKING (§33-114); SERVICES AREAS (§33-115); LIGHTING (§33-
INTERCONNECTIONS AND SHARED ACCESS (§33-118); AMENDING THE
ARCHITECTURAL STANDARDS AND PROVIDING FOR APPLICABILITY (§33-
226); ARCHITECTURAL STYLE (§33-227); COMPLIMENT SURROUNDING
DEVELOPMENT (§33-228); MAXIMUM HEIGHT (§33-229); FACADE
TREATMENT (§33-330); WINDOW TREATMENT (§33-331); AWNINGS (§33-332);
COLUMNS (§33-333); BUILDING COLOR (§33-334); LANDSCAPING/WINDOW
BOXES (§33-335); MULTI-TENANT BUILDINGS (§33-336); OUT-PARCELS (§33-
337); INFILL DEVELOPMENT (§33-338); AMENDING LANDSCAPING
STANDARDS, PROVIDING FOR LANDSCAPING BUFFERS (§33-351); PLANT
MATERIALS (§33-352); LANDSCAPE DESIGN (§33-353); TREE PRESERVATION
(§33-354); PROVIDING FOR TRANSIT FACILITATION (§33-361); PEDESTRIAN
WALKWAYS/LINKAGES (§33-362); BICYCLE RACKS (§33-363); STREET
FURNITURE AND PUBLIC AMENITIES (§33-364); AMENDING SIGN
STANDARDS, PROVIDING FOR PURPOSE (§33-381); APPLICABILITY (§33-382);
PROHIBITED SIGNS (§33-383); TEMPORARY SIGNS (§33-384); PERMANENT
SIGNS IN COMMERCIAL AND INDUSTRIAL AREAS (§33-385); CREATING
CORRIDOR OVERLAY DISTRICTS IN THE ESTERO PLANNING COMMUNITY,
PROVIDING FOR PURPOSE AND INTENT (§33-400); APPLICABILITY (§33-401);
PUBLIC INTEREST (§33-404); STREET FRONT ACTIVITY (§33-405); PROPERTY
DISTRICT, PROVIDING FOR INTENT AND SCOPE (§33-421); PARKING LOTS
AUTOMOBILE SERVICE STATION AND CONVENIENCE FOOD AND
BEVERAGE STORES IN ESTERO, PROVIDING FOR APPLICABILITY (§33-431);
PURPOSE AND INTENT (§33-432); LOCATION AND SITE STANDARDS (§33-
433); SETBACKS (§33-434); LANDSCAPING (§33-435); CURBING (§33-436);
PERIMETER WALLS (§33-437); TRASH STORAGE (§33-438); STORAGE TANKS
COLORS AND COLOR BANDING ON CANOPY STRUCTURES (§33-441);
INFRASTRUCTURE FOR GENERATORS (§33-442); ENTRANCES AND EXISTS
BOX COMMERCIAL STANDARDS, PROVIDING FOR PURPOSE (§33-455);
APPLICABILITY (§33-456) HORIZONTAL DESIGN ELEMENTS (§33-457);
BUILDING LOCATION (§33-458); OUT PARCELS (§33-459); ACCESS (§33-460);
PARKING (§33-461); OPEN SPACE (§33-462); SERVICE AND LOADING AREAS
(§33-463); SHOPPING CART STORAGE (§33-464); VERTICAL DESIGN
ELEMENTS (§33-471); BUILDING DESIGN (§33-472); BUILDING FACADE (§33-
473); WINDOWS, DOORS AND OTHER OPENINGS (§33-474); ROOFS (§33-475);
WALLS AND FENCES (§33-476); SERVICES AREAS (§33-477); AND PROVIDING
ERRORS AND AN EFFECTIVE DATE.
5:05 P.M. AGENDA ITEM
(2) Public Presentation of Matters by Citizens
with the use of a
handout
(copy is on file in the
Minutes Office), spoke about the use and abuse of eminent domain; stressed it
should not be used to take away property for private use and development; and
opined that Florida Statute 163.375 is too vague, allowing 14 ways to identify
blighted areas with only two of those needed to condemn the property. Mr.
Clark asked the Board to use their power to prevent abuse of this law in our
county, and asked them to sign the pledge that was contained in the handout.
cited many government officials who have sponsored, endorsed
and/or lobbied for expansion of eminent domain; and requested the Board sign
the pledge, and approve an ordinance for a charter amendment on the next
election ballot to prevent this abuse for private development.
BOOK - 2005R - B.O.C.C.-----------------------------------
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pointed out that many counties in
Board to do the same.
Libertarian Party member
expressed hope that Americans would not be naïve and think
out that Congress, State Representatives and others are now writing laws to
prevent this.
The Chairwoman adjourned the meeting at 5:28 p.m.
__________________________
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