District #1

Bob Janes

District #2

Douglas St. Cerny

Chairman

District #3

Ray Judah

 

District #4

Tammy Hall

Vice Chair

District #5

John E. Albion

 

Donald D. Stilwell,

County Manager

 

David M. Owen County Attorney

 

 

March 1, 2005

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

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

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

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

COMMISSION CHAMBERS, 2120 MAIN STREET, FORT MYERS, FLORIDA

9:30 AM

Invocation:

Pastor Ronald Prueter

North Fort Myers First Baptist Church

 

 

 

 

Pledge of Allegiance

 

 

 

 

Presentations:

 

 

·         

Boston Red Sox Spring Training Resolution

 

 

(Commissioner St. Cerny-#20050243)

 

 

·         

Women in Construction Week Resolution

 

 

(Commissioner Albion-#20050244)

 

 

·         

Fort Myers American Little League 50th Anniversary Resolution

 

 

(Commissioner Judah-#20050245)

 

 

·         

Pinnacle Award Presentation from Building Industry Association

 

 

(County Commission-#20050246)

 

 

·         

2004 Candy Pittro Memorial Award Presentation

 

 

(Human Resources-#20050158)

 

 

 

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

 

 

 

Adjourn


CONSENT AGENDA

March 1, 2005

 

1.

COUNTY ADMINISTRATION

 

 

(A)

ACTION REQUESTED:

Present to the Board for information and filing the Object Code #504015 Expenditure Report for the fourth quarter of FY03-04 (July through September 2004)

WHY ACTION IS NECESSARY:

Lee County Ordinance #90-18

WHAT ACTION ACCOMPLISHES:

Allows Board to monitor expenditures being made by County Departments and Divisions to this object code.  (#20050233-County Manager)

 

2.

CONSTRUCTION AND DESIGN

 

 

(A)

ACTION REQUESTED:

Award and authorize staff to enter into a Construction Manager Agreement for RFQ-05-03 ORTIZ JAIL EXPANSION, to Kraft Construction Company, Inc. for the sum of four and one half (4. 5%) percent of the total construction cost of the project.  This project was in the CIP and the funds are available within the budget.  Also, request that the Board approve waiving of any formal process (if needed) and authorize the use of Direct Material Purchase Orders based on CM’s competitive process, which allows the County to purchase directly from suppliers of equipment and/or materials as a cost/time saving measure.

WHY ACTION IS NECESSARY:

Board approval required.

WHAT ACTION ACCOMPLISHES:

Provides Construction Management services for the construction of an 8-story building as an expansion to the existing Ortiz facilities, demolition of the existing stockade buildings, selective site clearing and development, selective remodeling and addition to the existing Core building.  (#20050187-Construction and Design)

 

3.

COUNTY COMMISSIONERS

 

4.

COMMUNITY DEVELOPMENT

 

 

(A)

ACTION REQUESTED:

Accept a Petition to Vacate a portion of the County Road Right-of-Way along the western boundary of subject parcels containing 4.91 acres and 11.16 acres respectively, located south of Del Prado Blvd. N. and Mellow Drive at North Fort Myers, Florida, and adopt a resolution setting a Public Hearing for 5:00 PM on the 22nd day of March 2005.  (Case No. VAC2004-00077)

WHY ACTION IS NECESSARY:

To provide for the conveyance of ownership of the right-of-way to the petitioner for a proposed residential development known as Cranes Landing.  The roadway is not constructed, and the roadway is no longer required due to modifications in the plan of development.  The vacation of this right-of-way will not alter existing traffic or drainage conditions and the right-of-way is not necessary to accommodate any future traffic or drainage requirement.

WHAT ACTION ACCOMPLISHES:

Setting the time and date of the Public Hearing.  (S22 & 23-T43S-R24E)  (#4)  (#20050157-Development Services)

 

5.

HUMAN SERVICES

 

 

(A)

ACTION REQUESTED:

Approve a grant-funded Eligibility Specialist position for the Family Self Sufficiency Program in the Department of Human Services for approximately twelve to eighteen months.

WHY ACTION IS NECESSARY:

Current Department staff are needed for approximately twelve to eighteen months to fulfill the functions, goals and objectives of Lee County’s Long Term Recovery Committee, thus leaving an Eligibility Specialist position vacant.

WHAT ACTION ACCOMPLISHES:

This position will allow the Family Self Sufficiency Program to continue to provide services at its normal level.  (#20050214-Human Services)

 

6.

INDEPENDENT

 

 

(A)

ACTION REQUESTED:

Adopt revisions to the following sections of the Lee County Policies and Procedures Manual: 101, 205, 206, 208, 209, 212, 301, 304, 309, 310, 311, 401, 402, 403, 405, 406, 504, 506, 601, 602.  Adoption of the resolution to amend Administrative Code 6-1.

WHY ACTION IS NECESSARY:

Brings current policy up-to-date and unifies provisions.

WHAT ACTION ACCOMPLISHES:

Updates policies that did not meet the needs of the organization and brings a unified policy into effect.  (#20050078-Human Resources)

 

 

(B)

ACTION REQUESTED:

Authorize: (1) approval of donation of Grant of Perpetual Traffic Signal Easement for acquisition of Parcel 201, College Parkway & Riverwalk Park, Project #6065; (2) payment of costs and fees to close; (3) Division of County Lands to handle and accept all documentation necessary to complete this transaction and grant time extension to close, if necessary.

WHY ACTION IS NECESSARY:

The Board must accept all real estate conveyances to Lee County.

WHAT ACTION ACCOMPLISHES:

Allows the County to proceed with the project without resorting to Eminent Domain proceedings.  (#20050093-County Lands)

 

 

(C)

ACTION REQUESTED:

Authorize: (1) approval of donation of Grant of Perpetual Traffic Signal Easement for acquisition of Parcel 100, College Parkway & Riverwalk Park, Project #6065; (2) payment of costs and fees to close; (3) Division of County Lands to handle and accept all documentation necessary to complete this transaction and grant time extension to close, if necessary.

WHY ACTION IS NECESSARY:

The Board must accept all real estate conveyances to Lee County.

WHAT ACTION ACCOMPLISHES:

Allows the County to proceed with the project without resorting to Eminent Domain proceedings.  (#20050110-County Lands)

 

       

(D)

ACTION REQUESTED:

Authorize: (1) approval of Purchase Agreement for acquisition of Parcel 110 consisting of approximately 1.522 acres, for the Three Oaks Parkway Widening Project No. 4081; (2) Chairman, on behalf of the Board, to sign the Purchase Agreement; (3) payment of costs and fees to close; (4) Division of County Lands to handle and accept all documentation necessary to complete the transaction.

WHY ACTION IS NECESSARY:

The Board must accept all real estate conveyances to Lee County.

WHAT ACTION ACCOMPLISHES:

Allows the County to proceed without resorting to Eminent Domain.  (#20050111-County Lands)

 

 

(E)

ACTION REQUESTED:

Authorize: (1) approval of Easement Purchase Agreements for acquisition of Parcels 180 and 211 Gunnery Road Widening Project 4055, in the amount of $500 each; (2) Chairman, on behalf of the Board, to sign the Purchase Agreement; (3) payment of costs and fees to close; (4) Division of County Lands to handle and accept all documentation necessary to complete this transaction and grant time extension to close, if necessary.

WHY ACTION IS NECESSARY:

The Board must accept all real estate conveyances to Lee County.

WHAT ACTION ACCOMPLISHES:

Allows the County to proceed with the project without resorting to Eminent Domain proceedings.  (#20050156-County Lands)

 

 

(F)

ACTION REQUESTED:

Authorize: 1) the Division of County Lands to make binding offer to property owner in the amount of $500.00 for Parcel 185C, Gunnery Road Widening Project No. 4055, pursuant to the Purchase Agreement; 2) the Division of County Lands to handle and accept all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

The Board must authorize the making of a binding offer to a property owner prior to initiation of condemnation proceedings.

WHAT ACTION ACCOMPLISHES:

Makes binding offers to property owner.  (#20050166-County Lands)

 

 

(G)

ACTION REQUESTED:

Authorize: 1) the Division of County Lands to make binding offer to property owner in the amount of $7,000.00 for Parcels 109A, B, & C, 113C and 117C, Gunnery Road Widening Project No. 4055, pursuant to the Purchase Agreement; 2) the Division of County Lands to handle and accept all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

The Board must authorize the making of a binding offer to a property owner prior to initiation of condemnation proceedings.

WHAT ACTION ACCOMPLISHES:

Makes binding offers to property owner.  (#20050167-County Lands)

 

 

(H)

ACTION REQUESTED:

Approve Purchase Agreement for acquisition of Parcels 301 and 301SDE, Three Oaks Parkway South Extension Project No. 4043, in the amount of $20,000; authorize payment of costs to close and the Division of County Lands to handle all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

The Board must accept all real estate conveyances to Lee County.

WHAT ACTION ACCOMPLISHES:

The Board avoids Eminent Domain.  (#20050173-County Lands)

 

 

(I)

ACTION REQUESTED:

Authorize: 1) the Division of County Lands to make binding offers to property owners in the amount of $1,500, each for Parcels 135, 169, and 171 Gunnery Road Widening Project No. 4055, pursuant to the Purchase Agreements; 2) the Division of County Lands to handle and accept all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

The Board must authorize the making of a binding offer to a property owner prior to initiation of condemnation proceedings.

WHAT ACTION ACCOMPLISHES:

Makes binding offers to property owners  (#20050174-County Lands)

 

 

(J)

ACTION REQUESTED:

Authorize: 1) the Division of County Lands to make binding offers to property owners in the amount of $2,000 for Parcel 120, $3,500 for Parcel 128, $1,600 for Parcel 137, $1,750 for Parcel 190,  $2,500 for Parcel 191, $2,100 for Parcel 192, and $7,500 for Parcel 193, Gunnery Road Widening Project No. 4055, pursuant to the Purchase Agreements; 2) the Division of County Lands to handle and accept all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

The Board must authorize the making of a binding offer to a property owner prior to initiation of condemnation proceedings.

WHAT ACTION ACCOMPLISHES:

Makes binding offers to property owners.  (#20050182-County Lands)

 

 

(K)

ACTION REQUESTED:

Authorize: 1) the Division of County Lands to make binding offers to property owners in the amount of $10,700 for Parcel 100, $9,500 for Parcel 108, $6,400 for Parcel 110, and $12,000 for Parcel 111, Gunnery Road Widening Project No. 4055, pursuant to the Purchase Agreements; 2) the Division of County Lands to handle and accept all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

The Board must authorize the making of a binding offer to a property owner prior to initiation of condemnation proceedings.

WHAT ACTION ACCOMPLISHES:

Makes binding offers to property owners.  (#20050185-County Lands)

 

 

(L)

ACTION REQUESTED:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of  $260,500 for Parcels 104, 105, 106, 107, 108, 109A, 109B, and 110, Ten Mile Linear Park, Project No. 2001, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

The Board must authorize the making of a binding offer to a property owner prior to initiation of condemnation proceedings.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner.  (#20050201-County Lands)

 

 

(M)

ACTION REQUESTED:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of  $125,000 for Parcel 205, Ten Mile Linear Park, Project No. 2001, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

The Board must authorize the making of a binding offer to a property owner prior to initiation of condemnation proceedings.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner.  (#20050204-County Lands)

 

 

(N)

ACTION REQUESTED:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $245,000 for Parcel 206, Ten Mile Linear Park, Project No. 2001, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

The Board must authorize the making of a binding offer to a property owner prior to initiation of condemnation proceedings.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner.  (#20050205-County Lands)

 

 

(O)

ACTION REQUESTED:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of  $30,000 for Parcel 207, Ten Mile Linear Park, Project No. 2001, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

The Board must authorize the making of a binding offer to a property owner prior to initiation of condemnation proceedings.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner.  (#20050206-County Lands)

 

 

(P)

ACTION REQUESTED:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of  $10,000 for Parcel 208, Ten Mile Linear Park, Project No. 2001, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

The Board must authorize the making of a binding offer to a property owner prior to initiation of condemnation proceedings.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner.  (#20050207-County Lands)

 

 

(Q)

ACTION REQUESTED:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of  $76,000 for Parcels 209 and 210, Ten Mile Linear Park, Project No. 2001, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

The Board must authorize the making of a binding offer to a property owner prior to initiation of condemnation proceedings.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner.  (#20050208-County Lands)

 

 

(R)

ACTION REQUESTED:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of  $110,000 for Parcel 211, Ten Mile Linear Park, Project No. 2001, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

The Board must authorize the making of a binding offer to a property owner prior to initiation of condemnation proceedings.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner.  (#20050209-County Lands)

 

 

(S)

ACTION REQUESTED:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of  $55,000 for Parcel 212, Ten Mile Linear Park, Project No. 2001, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

The Board must authorize the making of a binding offer to a property owner prior to initiation of condemnation proceedings.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner.  (#20050210-County Lands)

 

 

(T)

ACTION REQUESTED:

Authorize the Division of County Lands to make a binding offer to property owner in the amount of $150,000 for Parcels 213 and 214, Ten Mile Linear Park, Project No. 2001, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete transaction.

WHY ACTION IS NECESSARY:

The Board must authorize the making of a binding offer to a property owner prior to initiation of condemnation proceedings.

WHAT ACTION ACCOMPLISHES:

Makes binding offer to property owner.  (#20050211-County Lands)

 

 

(U)

ACTION REQUESTED:

Adopt a Resolution of Exchange relating to property located at 11092 Wagon Trail in Bonita Springs; authorize Chairman to execute all documents necessary to effectuate the exchange; authorize the Division of County Lands to handle and accept all documentation to complete this transaction, and approve payment for costs to close.

WHY ACTION IS NECESSARY:

Exchange of County property must be approved by the Board of County Commissioners, pursuant to Florida Statute.

WHAT ACTION ACCOMPLISHES:

Approves the exchange of property between Lee County, and Pedro and Norma Montemayor, husband and wife.  (#20050216-County Lands)

 

 

(V)

ACTION REQUESTED:

Adopt resolution to delete Administrative Codes 1-12 and 1-15.

WHY ACTION IS NECESSARY:

Board motion required to amend Administrative Codes.

WHAT ACTION ACCOMPLISHES:

Deletes Administrative Codes that did not meet the needs of the organization.  (#20050226-Human Resources)

 

 

(W)

ACTION REQUESTED:

Approve a second extension to close the Real Estate Sales Agreement between Lee County and Shady Rest Care Pavilion, Inc., a Florida non-profit corporation, for a period of 63 days.  Terms of the existing Agreement to remain in effect.

WHY ACTION IS NECESSARY:

Shady Rest Care Pavilion, Inc. needs additional time to secure their financing.

WHAT ACTION ACCOMPLISHES:

Extends the time period to close this transaction.  (#20050227-County Lands)

 

 

(X)

ACTION REQUESTED:

Approval of a Joint Participation Agreement and Authorizing Resolution with the Florida Department of Transportation for funding of scheduling software for the LeeTran’s ADA Paratransit service.

WHY ACTION IS NECESSARY:

To obtain capital and operating assistance from the Florida Department of Transportation’s Transit Service Development Program, a Joint Participation Agreement and authorizing resolution must be formally executed.

WHAT ACTION ACCOMPLISHES:

Allows for $56,000 in funding for approved capital expenses and after July 1, 2005 $25,000 for related operating expenses.  (#20050230-Transit)

 

7.

PUBLIC SAFETY

 

 

(A)

ACTION REQUESTED:

Board approve a two-year Certificate of Public Convenience and Necessity (CON) for Fort Myers Beach Fire Control District.

WHY ACTION IS NECESSARY:

CON is required by Florida Statute 401.25(d) for renewal of EMS provider license application.

WHAT ACTION ACCOMPLISHES:

Allows Fort Myers Beach Fire Control District to be recertified by the Bureau of EMS as an ALS Provider for two years.  (#20050217-EMS)

 

 

(B)

ACTION REQUESTED:

Board approve a two-year Certificate of Public Convenience and Necessity (CON) for Lehigh Acres Fire Control and Rescue District.

WHY ACTION IS NECESSARY:

CON is required by Florida Statute 401.25(d) for renewal of EMS provider license application.

WHAT ACTION ACCOMPLISHES:

Allows Lehigh Acres Fire Control and Rescue District to be recertified by the Bureau of EMS as an ALS Provider for two years.  (#20050218-EMS)