notice of county commissioners' meeting

8/21/2018


notice of county commissioners' meeting


When:

Tuesday, August 21, 2018
9:30 AM


Where:

Commission Chambers
2120 Main St
Fort Myers, FL  33901


NOTICE IS HEREBY GIVEN that the Lee County Board of County Commissioners will meet on Tuesday, August 21, 2018, at 9:30 a.m. in the Commission Chambers, 2120 Main St., Fort Myers, FL to conduct the regular business of Lee County.   

Please note during the meeting the Board of County Commissioners may convene and take action in its capacity as the Lee County Port Authority or the Lee County Government Leasing Corporation. Lee County will not discriminate against individuals with disabilities.  To request an accommodation, contact Joan LaGuardia, (239) 533-2314, Florida Relay Service 711, or adarequests@leegov.com, at least five business days in advance. 

To appeal the Board of County Commissioners, Lee County Port Authority, or Lee County Government Leasing Corporation decision made at this meeting, a record of the proceedings will be needed. The person appealing the decision will need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Detailed agenda and backup is available at www.leegov.com.

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county commissioners’ work session

8/21/2018


county commissioners’ work session


When:

Tuesday, August 21, 2018
1:30 pm


Where:

Administration East Building
Conference Room 118
2201 Second Street
Fort Myers, FL


Call to Order
Board Discussion
Adjourn

This meeting is open to the public, and interested citizens are invited to attend. No final decisions will be made by the Board at the meeting.

Lee County will not discriminate against individuals with disabilities.  To request an accommodation, contact Joan LaGuardia, (239) 533-2314, Florida Relay Service 711, or jlaguardia@leegov.com, at least five business days in advance.  Agenda available 3 days prior at www.leegov.com. 

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notice of intent to enact a county ordinance

8/21/2018


notice of intent to enact a county ordinance


When:

Tuesday, August 21, 2018
9:30 am


Where:

County Courthouse
2120 Main Street
Fort Myers, Florida


​NOTICE IS HEREBY GIVEN that on Tuesday, the 21st day of August, 2018, at 9:30 a.m. in the County Courthouse, 2120 Main Street, Fort Myers, Florida, the Board of County Commissioners of Lee County, Florida, will consider the enactment of a County Ordinance pursuant to Article VIII, Section 1, of the State Constitution, Chapter 125, Florida Statutes, Lee County Ordinance No. 98-25, and Lee County Administration Code AC-3-15.  The title of the proposed Ordinance is as follows:

AN ORDINANCE ABOLISHING LEE COUNTY ORDINANCE NO. 05-05 RELATING TO THE MID-METRO INDUSTRIAL PARK OPERATION AND MAINTENANCE SPECIAL IMPROVEMENT UNIT; AND PROVIDING FOR AN EFFECTIVE DATE FOR THE ADOPTED ORDINANCE.

Copies of this Notice and the proposed ordinance are available for inspection or copying during regular business hours at the Minutes Office of the Clerk of Courts of Lee County, located in the Courthouse Administration Building, 2115 Second Street, Fort Myers, Florida. Interested parties may appear at the meeting in person or through counsel, and be heard with respect to the adoption of the proposed ordinance.

Anyone wishing to appeal the Board's decision(s) with respect to any matter considered at this meeting will need a record of the proceedings. Generally, a verbatim record, including all testimony and evidence upon which the appeal is to be based, will be necessary.

Lee County will not discriminate against individuals with disabilities.  To request an accommodation, contact Joan LaGuardia, (239) 533-2314, Florida Relay Service 711, or jlaguardia@leegov.com, at least five business days in advance.


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notice of public hearing and intent to enact an ordinance establishing the blue lake community development district

8/21/2018


notice of public hearing and intent to enact an ordinance establishing the blue lake community development district


When:

Tuesday, August 21, 2018
9:30 am


Where:

County Commissioners’ Chambers
Lee County Courthouse
2120 Main Street
Fort Myers, Florida


​TO WHOM IT MAY CONCERN:

Notice is hereby given that the Board of County Commissioners of Lee County, Florida, will consider the enactment of one County ordinance in accordance with Article VIII, Section 1, of the Florida Constitution and Chapters 125 and 190, Florida Statutes. The proposed County ordinance title is as follows:

AN ORDINANCE ESTABLISHING BLUE LAKE COMMUNITY DEVELOPMENT DISTRICT; PROVIDING A DISTRICT NAME; SETTING FORTH THE AUTHORITY FOR ADOPTING THE ORDINANCE; ESTABLISHING THE EXTERNAL BOUNDARIES OF THE DISTRICT; DESIGNATING THE INITIAL MEMBERS OF THE BOARD OF SUPERVISORS; ESTABLISHING THE GOVERNING DISTRICT CHARTER AS FLORIDA STATUTES CHAPTER 190; PROVIDING FOR NOTICE TO SUBSEQUENT PURCHASERS; PERTAINING TO MODIFICATIONS THAT MAY ARISE FROM CONSIDERATION AT PUBLIC HEARING; PROVIDING FOR CONFLICT, SEVERABILITY AND AN EFFECTIVE DATE.

There will be a public hearing held in the County Commissioners' Chambers, Lee County Courthouse, 2120 Main Street, Fort Myers, Florida. The public hearing will be held on Tuesday, August 21, 2018, at 9:30 a.m., or as soon thereafter as it can be heard.

The purpose of this hearing is to consider a petition filed by CalAtlantic Group, Inc., on March 2, 2018, to establish a Uniform Community Development District to be known as the Blue Lake Community Development District (District) in accordance with Ch. 190, Florida Statutes. Specifically, the Board will consider the six factors listed in §190.005(1)(e), Florida Statutes. This hearing will also afford the petitioner, affected units of local government, and the general public a fair and adequate opportunity to appear and present oral and written comments regarding the establishment of the District.

The specific legal authority for the establishment of the District is set forth in §§ 190.004 and 190.005, Florida Statutes.

The land area to be served by the District is located in unincorporated Lee County, Florida. The land area is generally located south and west of Alico Road, north of Corkscrew Road and east of Ben Hill Griffin Parkway, and comprises approximately 705.87 contiguous acres. The boundaries of the properties to be serviced by the proposed Community Development District are outlined in the map depicted in this notice. There is no real property within the boundaries of the District that will be excluded from the District.

 If adopted, the ordinance will establish a Uniform Community Development District and designate the land to be serviced by the District. A Community Development District government is a mechanism to ensure the provision of infrastructure subject to State and local regulatory requirements governing the lawful use and development of the property. Creation and establishment of a district pursuant to Ch. 190, Florida Statutes, is not a development order under Ch. 380, Florida Statutes. All planning, permitting, and other regulatory requirements pertaining to development within the land area must be in accordance with general and special law and applicable Lee County regulations. The information set forth below, as provided by the petitioner, deals only with the factors to be considered in creating the Special District as an alternative for managing and financing certain basic services for community development pursuant to County permits.

 An independent Economic Impact Analysis prepared by Special District Services, Inc., determined that the categories of persons that may be affected by the economic consequences of the proposed District's establishment are: the State of Florida and its citizens, Lee County and its citizens, the petitioner, and present and future owners of property within the areas to be serviced by the District. The Economic Impact Analysis anticipates the costs and benefits derived from the District's establishment and operation and describes the costs and benefits in detail. A brief description of the costs and benefits are as follows:

             1.         To the State of Florida and Its Citizens. There will be no more than minimal administrative costs and the proposed Community Development District will not require subsidies from the State or its citizens. The District will pay all or a portion of the costs of capital construction and maintenance for District-owned infrastructure. Establishment of the proposed District will benefit the State and its citizens by creating a mechanism to provide for a substantial investment in roads, drainage, and water and wastewater systems to satisfy level-of-service concurrency requirements. The District will assure the placement of major infrastructure consistent and concurrent with approved development. The District will provide effective monitoring and enforcement of development.  Additionally, the District will provide an improved level of development coordination and planning, as well as future maintenance of the infrastructure necessary to support the development.

             2.         Lee County and Its Citizens. All County costs of reviewing the petition will be absorbed by the $15,000.00 filing fee paid by the petitioner. The benefits to Lee County and its citizens from the establishment of the District will be as follows: (a) Establishment of the District ensures that the cost of providing additional infrastructure to serve the development will be borne by those receiving the benefit of the additional services; (b) Operating and maintenance costs of the development and its infrastructure will be the obligation of those actually receiving the benefits of these services and not Lee County; (c) The District will be responsible for the cost, management and administrative burdens associated with providing and funding the infrastructure improvements, facilities, services and maintenance for development within the District; (d) The District will accommodate a net increase in the County's population, but will not increase the demand for infrastructure and facilities outside the District; and (e) The District will contract with the Lee County Tax Collector to collect its taxes and non ad valorem assessments. The cost for this service will be defrayed through the fees charged by the Tax Collector. These costs will be borne by the landowners of the District.

             3.         Current Property Owners. The developer, as the initial landowner, will incur substantial costs if the proposed District is approved. These costs can be grouped into five categories that include: (a) planning and petitioning for the District; (b) contributions of management and technical assistance; (c) district taxes and special assessments; (d) provision of required rights-of-way and easements; and, (e) landowners participation in the governmental process. Over the life of the project, District landowners will pay District taxes and assessments to cover debt service and general operating expenditures. As the major initial landowner in the District, the developer will initially pay the largest share of the District taxes and assessments. The developer will provide the majority of the rights-of-way and easements. Additional costs to District landowners will stem from the loss of legal control and project management over the District's infrastructure. This is due to the Florida law requirement that all District decisions be made in open public meetings by a governing body subject to removal for malfeasance, nonfeasance, and misfeasance. The economic benefit to the current property owner is derived from more efficient cost management of the District's infrastructure and from sustained delivery of quality service.  In addition, the District will provide access to otherwise unavailable tax exempt financing for infrastructure development.

            4.         Future Property Owners. District landowners will be required to pay District taxes and assessments in addition to County and other taxes and assessments as a result of the establishment of the Blue Lake Community Development District. District taxes and assessments do not affect or offset County or school board taxes and do not count against the County's millage cap. Establishment of the District increases the future likelihood of high quality and well-maintained infrastructure after the developer has completed the project and may serve to enhance property values. Future owners may receive higher levels of services and amenities, if provided by the District. Control by a Community Development District, though subject to the Lee County Comprehensive Land Use Plan and land development regulations, allows District landowners some ability to determine the type, quality, and expense of District facilities and services.

             5.         Effect on Competition and the Open Market for Employment.  Establishment of the District will have an effect on competition in the housing market for residential real estate in Lee County. No unique competitive advantage will be conferred on the Blue Lake Community Development District because similar developments have an equal opportunity to establish a district under State law. Once established, the District may have a nominal positive impact on the open market for employment related to the provision of public infrastructure because District construction contracts must be publicly bid, and contractors, including small and minority businesses, will have timely access and opportunities for employment.

             6.         Impact on Small Businesses. Establishing the proposed District will not adversely affect small business firms. A district must operate in accord with Florida "Sunshine Law" and use a competitive bid process to obtain certain goods and services.  The District must follow the consultant's Competitive Negotiation Act when awarding contracts for applicable services. Accordingly, small businesses may be better able to compete for business in the Blue Lake Community Development.

             7.         Probable Costs and Benefits of Not Adopting the Rule. If the District is not established, the developers would have to obtain other management and delivery tools and related financing. Long-term fixed financing may not be available in the amounts needed or on the terms available from most lending institutions. Assuming alternate financing is available, the interest cost may be significantly higher than the interest rate on district bonds. Establishing the District provides the developer with a special governmental entity to assure that the community and its facilities are operated and maintained at the very highest levels. Without the proposed District, the developer would have to utilize the homeowner association for this purpose, which does not have the enhanced ability of collecting assessments through the Tax Collector.

             8.         Determination of Less Costly, Less Intrusive Methods. The Economic Impact Statement identifies alternate methods to achieve the same purpose as the District and determines whether those methods are less costly or less intrusive than establishment of the District. The assessment concludes the alternatives are inferior.

             9.         Reasonable Alternative. The assessment describes reasonable alternatives to achieve the purpose such as: (a) MSTU/MSBU; (b) Dependent District; (c) County Government; (d) Special Act Independent District under Chapter 189; (e) the Developer; and, (f) Homeowner Association. The assessment concludes that these alternatives are less suitable for reasons explained more fully in the Economic Impact Statement prepared by Special District Services, Inc.

             10.       Detailed Methodology. A detailed statement of methodology is in the Economic Impact Statement prepared by Special District Services, Inc.

Copies of this Notice, the proposed Ordinance, and the Blue Lake Community Development District Petition and its documentation are on file in the Minutes Office of the Clerk of the Circuit Court of Lee County. The public may inspect or copy the Ordinance and Petition during regular business hours at the Department of Community Development or the Minutes Office. The Minutes Office is located in the Courthouse Administration Building, 2115 Second Street, Fort Myers, Florida. The Department of Community Development is located at 1500 Monroe Street, Fort Myers, Florida. 

The ordinance, if adopted by the Board at this meeting, will take effect upon its filing with the Office of the Secretary of the Florida Department of State.

This meeting is open to the public. Anyone wishing to appeal the Board's decision(s) with respect to any matter considered at this meeting will need a record of the proceedings. Generally, a verbatim record, including all testimony and evidence upon which the appeal is to be based, will be necessary.

Lee County will not discriminate against individuals with disabilities. To request an accommodation, contact Joan LaGuardia, (239) 533-2314, Florida Relay Service 711, or jlaguardia@leegov.com, at least five business days in advance.

Please govern yourself accordingly.


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notice of intent to enact a resolution

8/21/2018


notice of intent to enact a resolution


When:

Tuesday, August 21, 2018
9:30 am


Where:

County Commissioners’ Chambers
Lee County Courthouse
2120 Main Street
Fort Myers, Florida


​NOTICE IS HEREBY GIVEN that on Tuesday, August 21, 2018, at 9:30 AM, or as soon thereafter as can be heard, held in the County Commissioners' Chambers, Lee County Courthouse, 2120 Main Street, Fort Myers, Florida, the Board of County Commissioners of Lee County (the Board) will consider the enactment of a County Resolution pursuant to Florida Statutes Chapter 125.  The title of the proposed Resolution is as follows:

CERTIFICATION OF ANCHORAGE WAY MUNICIPAL SERVICE BENEFIT UNIT (MSBU); CHERRY BLUEBERRY SPECIAL IMPROVEMENT UNIT (SIU); CHERRY ESTATES OPERATION AND MAINTENANCE (O&M); COUNTRY ESTATES STREETLIGHTING DISTRICT (SLD); COUNTRY LAKES SLD; DEWBERRY LANE SIU; GASPARILLA ISLAND SIU; GOLDEN LAKE HEIGHTS SLD; OLD PELICAN BAY O&M; PINE LAKE SLD; RIVER FOREST STREETLIGHT UNIT O&M; SHELTERING PINES MOBILE HOME VILLAGE SIU; AIRPORT WOODS SEWER MSBU; BAL ISLE SEWER MSBU; BRIARCREST SEWER MSBU; CHARLEE ROAD MSBU; CHERRY ESTATES PARKWAY ROAD IMPROVEMENT MSBU; COTTAGE POINT WATER MSBU; COUNTRY TRIPLE CROWN WATER MSBU; DIPLOMAT PARKWAY MSBU; EMILY LANE WATER SEWER MSBU; HARBOR DRIVE ROAD PAVING MSBU; MCGREGOR ISLES CANAL CHANNEL DREDGING MSBU; MCGREGOR VILLAGE SEWER MSBU; OLD PELICAN BAY CHANNEL DREDGE MSBU; PINECREST RIVERVIEW ROAD MSBU; PORT CARLOS COVE CHANNEL DREDGING MSBU; SAN CARLOS ISLAND DRAINAGE MSBU; SOUTH PEBBLE BROKEN ARROW ROAD MSBU; WESTERN ACRES ROAD PAVING MSBU; AND WHISKEY CREEK CANAL MSBU AND ASSESSMENT ROLLS FOR 2018-2019 COLLECTION BY THE LEE COUNTY TAX COLLECTOR PURSUANT TO THE UNIFORM METHOD OF COLLECTION FOR NON-AD VALOREM SPECIAL ASSESSMENTS UNDER SECTION 197.3632, FLORIDA STATUTES.

This Notice and the proposed Resolution are on file in the Office of the Clerk of Circuit Court of Lee County, Florida, Minutes Department and the Office of County Administration, located in the Administration Building, 2115 Second Street, Fort Myers, Florida.

The Board will meet and receive the objections in writing of all interested persons at the public hearing. The special assessments made as a result of the confirmation of the preliminary assessment roll will be final and conclusive as to each lot or parcel assessed unless proper steps have been initiated within 20 days in a court of competent jurisdiction to secure relief.

Interested parties may appear at the meeting and be heard with respect to the proposed Resolution.

The Resolution shall take effect immediately upon its adoption by the Board.

If a participant decides to appeal a decision made by the Board of County Commissioners with respect to any matter considered at this hearing, a verbatim record of the proceeding will be necessary to appeal a decision made at this hearing.

Lee County will not discriminate against individuals with disabilities.  To request an accommodation, contact Joan LaGuardia, (239) 533-2314, Florida Relay Service 711, or jlaguardia@leegov.com, at least five business days in advance.

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notice of intent to enact a county resolution

8/21/2018


notice of intent to enact a county resolution


When:

Tuesday, August 21, 2018
9:30 AM


Where:

County Commissioners’ Chambers
 Old Lee County Courthouse
2120 Main Street
Fort Myers, Florida


​PLEASE BE ADVISED that on the 21st day of August, 2018, at 9:30 A.M., or as soon thereafter as may be heard, in the County Commissioners' Chambers, Lee County Courthouse, 2120 Main Street, Fort Myers, Florida, the Board of County Commissioners of Lee County, Florida will consider and take action on the adoption of a Resolution authorizing the exchange of public property for other real property pursuant to §125.37 of the Florida Statutes.

The public property to be released by Lee County is a Perpetual Public Utility Easement located on the real property owned by The Christian and Missionary Alliance Foundation, located at 1500 Shell Point Boulevard, Suite 100, in Section 11, Township 46 South, Range 23 East, Lee County, ("Release Easement"), containing 7,526 square feet more or less, or 0.17 acres in size, and being a portion of the Perpetual Public Utility Easement dated November 13, 2001 and recorded in the Public Records of Lee County, Florida in Official Records (O.R.) Book 3529, Page 3822 ("Utility Easement"). 

The property interest to be received by Lee County is a Perpetual Public Utility Easement, totaling 10,626 square feet more or less, or 0.24 acres ("New Easement") on the real property owned by The Christian and Missionary Alliance Foundation, located at 1500 Shell Point Boulevard, Suite 100, in Sections 2 and 11, Township 46 South, Range 23 East, Lee County, adding said land to Utility Easement.

The terms of the exchange will be the County's release of property interest in the Release Easement in return for receipt of New Easement. The participating property owner to the exchange will be responsible for all costs affecting the exchange and the relocation of utility lines, including notice and recording costs, all costs of permitting and construction of the replacement utility lines. The terms of an Agreement for Exchange of Real Property is requested to be adopted in conjunction with the exchange to further delineate the obligations of the participating property owner in the intended transaction.

Parties to the exchange will be Lee County and The Christian and Missionary Alliance Foundation. If the Resolution Approving Exchange of Real Property is adopted, the closing of said exchange will follow thereafter in accordance with the terms of the Board's Resolution and the Agreement of Exchange of Real Property.
 
Copies of this Notice and the proposed Resolution of Exchange are available for inspection or copying during regular business hours at the Minutes Office of the Clerk of Courts of Lee County, located in the Courthouse Administration Building, 2115 Second Street, Fort Myers, Florida. 

ALL PERSONS INTERESTED IN COMMENTING ON THE BOARD'S CONSIDERATION OF THIS MATTER ARE REQUESTED TO BE IN ATTENDANCE AT THE TIME AND PLACE SET FORTH ABOVE.

Anyone wishing to appeal the decision made by the Board on matters considered at the meeting will need a recording of the proceedings. Generally, it will be necessary to obtain a verbatim record, including all testimony and evidence upon which the appeal is based.  If the Resolution of Exchange is adopted by the Board at this meeting, it will take effect immediately.

Lee County will not discriminate against individuals with disabilities. To request an accommodation, contact Joan LaGuardia, 239-533-2314, Florida Relay Service 711, or jlaguardia@leegov.com, at least 5 business days in advance.

The text of this Notice is pursuant to and in conformance with Chapter 125, Florida Statutes (2017).

PLEASE GOVERN YOURSELF ACCORDINGLY.

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notice of intent to enact a lee county ordinance

8/21/2018


notice of intent to enact a lee county ordinance


When:

Tuesday, August 21, 2018
9:30 am


Where:

County Commissioners’ Chambers
Lee County Courthouse
2120 Main Street
Fort Myers, Florida


TO WHOM IT MAY CONCERN:
 
Notice is hereby given that the Board of County Commissioners of Lee County, Florida will consider the enactment of a county ordinance in accordance with Article VIII, Section 1, of the Florida Constitution and Chapter 125, Florida Statutes.  The proposed county ordinance title is as follows: 
 
AN ORDINANCE ESTABLISHING BLUE LAKE COMMUNITY DEVELOPMENT DISTRICT; PROVIDING A DISTRICT NAME; SETTING FORTH THE AUTHORITY FOR ADOPTING THE ORDINANCE; ESTABLISHING THE EXTERNAL BOUNDARIES OF THE DISTRICT; DESIGNATING THE INITIAL MEMBERS OF THE BOARD OF SUPERVISORS; ESTABLISHING THE GOVERNING DISTRICT CHARTER AS FLORIDA STATUTES CHAPTER 190; PROVIDING FOR NOTICE TO SUBSEQUENT PURCHASERS; PERTAINING TO MODIFICATIONS THAT MAY ARISE FROM CONSIDERATION AT PUBLIC HEARING; PROVIDING FOR CONFLICT, SEVERABILITY AND AN EFFECTIVE DATE.
 
There will be a public hearing held in the County Commissioners' Chambers, Lee County Courthouse, 2120 Main Street, Fort Myers, Florida.   The public hearing will be held on Tuesday, the 21st day of August 2018, at 9:30 A.M., or as soon thereafter as can be heard.
 
Copies of this Notice and the proposed ordinance are available for inspection or copying during regular business hours at the Minutes Office of the Clerk of Courts of Lee County, located in the Courthouse Administration Building, 2115 Second Street, Fort Myers, Florida. Interested parties may appear at the meeting in person or through counsel, and be heard with respect to the adoption of the proposed ordinance.
 
Anyone wishing to appeal the Board's decision(s) with respect to any matter considered at this meeting will need a record of the proceedings. Generally, a verbatim record, including all testimony and evidence upon which the appeal is to be based, will be necessary.
 
Lee County will not discriminate against individuals with disabilities.  To request an accommodation, contact Joan LaGuardia, (239) 533-2314, Florida Relay Service 711, or jlaguardia@leegov.com, at least five business days in advance.

The form and content of this Notice is in compliance with Chapter 125, Florida Statutes.

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notice of county commissioners' meeting

9/4/2018


notice of county commissioners' meeting


When:

Tuesday, September 4, 2018
9:30 AM


Where:

Commission Chambers 
2120 Main Street
Fort Myers, Florida 33901


NOTICE IS HEREBY GIVEN that the Lee County Board of County Commissioners will meet on Tuesday, September 4, 2018, at 9:30 a.m. in the Commission Chambers, 2120 Main St., Fort Myers, FL to conduct the regular business of Lee County.  

Please note during the meeting the Board of County Commissioners may convene and take action in its capacity as the Lee County Port Authority or the Lee County Government Leasing Corporation. Lee County will not discriminate against individuals with disabilities.  To request an accommodation, contact Joan LaGuardia, (239) 533-2314, Florida Relay Service 711, or adarequests@leegov.com, at least five business days in advance.

To appeal the Board of County Commissioners, Lee County Port Authority, or Lee County Government Leasing Corporation decision made at this meeting, a record of the proceedings will be needed. The person appealing the decision will need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Detailed agenda and backup is available at www.leegov.com.

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notice of intent to enact a county resolution

9/4/2018


notice of intent to enact a county resolution


When:

Tuesday, September 4, 2018
9:30 AM


Where:

County Commissioners Meeting Room
Old Lee County Courthouse
2120 Main Street
Fort Myers, Florida  33901


TO WHOM IT MAY CONCERN:

NOTICE IS HEREBY GIVEN that on  Tuesday, the  4th day of  September, 2018, at 9:30 a.m., in the County Commissioners' Meeting Room, Old Lee County Courthouse, 2120 Main Street, Fort Myers, Florida, the Board of County Commissioners of Lee County, Florida, will consider the enactment of a County Resolution.  The title of the proposed County Resolution is as follows:

RESOLUTION RELATING TO THE UNINCORPORATED AREA OF LEE COUNTY, FLORIDA: CREATING A MUNICIPAL SERVICE BENEFIT UNIT TO BE KNOWN AS THE "OAK CREEK ROAD PAVING MUNICIPAL SERVICE BENEFIT UNIT" FOR THE PURPOSE OF PROVIDING FOR THE ACQUISITION, CONSTRUCTION OF VARIOUS ESSENTIAL MUNICIPAL SERVICES, FACILITIES AND IMPROVEMENTS;  DESCRIBING THE BOUNDARIES OF SAID UNIT, ALL WITHIN THE UNINCORPORATED AREA OF LEE COUNTY, FLORIDA; AUTHORIZING THE ACQUISITION AND CONSTRUCTION OF A PROJECT WITHIN THE UNIT AND THE LEVYING OF SPECIAL ASSESSMENTS TO FINANCE SUCH PROJECT; ESTABLISHING THE ESTIMATED COST TO BE  $370,302 AND THE PROPOSED METHOD OF ASSESSMENT TO BE ON A PER STRAP/PARCEL BASIS; ESTABLISHING THAT THIS NON-AD VALOREM ASSESSMENT WILL BE COLLECTED, IN PART, PURSUANT TO THE UNIFORM COLLECTION ACT; AND PROVIDING AN EFFECTIVE DATE. 

Copies of this Notice and the proposed Resolution is available for inspection or copying during regular business hours at the Minutes Office of the Clerk of Courts of Lee County, and at the Office of Management & Budget, MSTBU, located in the County Administration Building, 2115 Second Street, Fort Myers, FL.  Interested parties may appear at the meeting in person or through counsel, and be heard with respect to the enactment of the proposed Resolution.

Anyone wishing to appeal the Board's decision(s) with respect to any matter considered at this meeting will need a record of the proceedings.  Generally, a verbatim record, including all testimony and evidence upon which the appeal is to be based, will be necessary.

Lee County will not discriminate against individuals with disabilities.  To request an accommodation, contact Joan LaGuardia, (239) 533-2314, Florida Relay Service 711, or ADArequests@leegov.com, at least five business days in advance.


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county commissioners’ work session

9/4/2018


county commissioners’ work session


When:

Tuesday, September 4, 2018
1:30 pm


Where:

Administration East Building
Conference Room 118
2201 Second Street
Fort Myers, FL


​Call to Order
Board Discussion
Adjourn

This meeting is open to the public, and interested citizens are invited to attend. No final decisions will be made by the Board at the meeting.

Lee County will not discriminate against individuals with disabilities.  To request an accommodation, contact Joan LaGuardia, (239) 533-2314, Florida Relay Service 711, or adarequests@leegov.com, at least five business days in advance.  Agenda available 3 days prior at www.leegov.com. 

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notice of intent to enact a county resolution

9/4/2018


notice of intent to enact a county resolution


When:

Tuesday, September 4, 2018
9:30 am


Where:

County Commissioners Meeting Room
Old Lee County Courthouse
2120 Main Street
Fort Myers, Florida


TO WHOM IT MAY CONCERN:

NOTICE IS HEREBY GIVEN that on Tuesday, the 4th day of September, 2018, at 9:30 a.m., in the County Commissioners Meeting Room, Old Lee County Courthouse, 2120 Main Street, Fort Myers, Florida, the Board of County Commissioners of Lee County, Florida, will consider the enactment of a County Resolution.  The title of the proposed County Resolution is as follows:
 
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS CERTIFYING THE LEE COUNTY SOLID WASTE COLLECTION AND DISPOSAL ANNUAL ASSESSMENT ROLLS AND MSTU TAX ROLL FOR FY 2018-2019, FOR COLLECTION BY THE LEE COUNTY TAX COLLECTOR PURSUANT TO THE UNIFORM METHOD OF COLLECTION FOR NON-AD VALOREM SPECIAL ASSESSMENTS UNDER SECTION 197.3632, FLORIDA STATUTES FOR FISCAL YEAR 2018-2019.
 
1.         Copies of this Notice and the proposed Resolution are on file in the Minutes Office of the Clerk of Courts of Lee County, and at the Lee County Administration Office. The Lee County Administration Office and the Minutes Office are located in the Courthouse Administration Building, 2115 Second Street, Fort Myers, FL.
2.         Interested parties may appear at the meeting in person or through counsel, and be heard with respect to the adoption of the proposed Resolution.
3.         To appeal a Board decision made at this hearing a record of the proceedings will be needed.  The person appealing the decision is required to ensure that the necessary verbatim record is made.
4.         Lee County will not discriminate against individuals with disabilities. To request an accommodation, contact Joan LaGuardia, (239) 533-2314, Florida Relay Service 711, or ADArequests@leegov.com, at least five business days in advance.

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county commissioners’ work session

9/18/2018


county commissioners’ work session


When:

Tuesday, September 18, 2018
1:30 pm


Where:

Administration East Building
Conference Room 118
2201 Second Street
Fort Myers, FL


Call to Order
Board Discussion
Adjourn

This meeting is open to the public, and interested citizens are invited to attend. No final decisions will be made by the Board at the meeting.

Lee County will not discriminate against individuals with disabilities.  To request an accommodation, contact Joan LaGuardia, (239) 533-2314, Florida Relay Service 711, or adarequests@leegov.com, at least five business days in advance.  Agenda available 3 days prior at www.leegov.com

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notice of public hearing and intent to enact an ordinance establishing the esplanade lake club community development district

9/18/2018


notice of public hearing and intent to enact an ordinance establishing the esplanade lake club community development district


When:

Tuesday, September 18, 2018
9:30 am


Where:

County Commissioners’ Chambers
Lee County Courthouse
2120 Main Street
Fort Myers, Florida


TO WHOM IT MAY CONCERN:
 
            Notice is hereby given that the Board of County Commissioners of Lee County, Florida, will consider the enactment of one County ordinance in accordance with Article VIII, Section 1, of the Florida Constitution and Chapters 125 and 190, Florida Statutes.  The proposed County ordinance title is as follows:
 
AN ORDINANCE ESTABLISHING ESPLANADE LAKE CLUB COMMUNITY DEVELOPMENT DISTRICT; PROVIDING A DISTRICT NAME; SETTING FORTH THE AUTHORITY FOR ADOPTING THE ORDINANCE; ESTABLISHING THE EXTERNAL BOUNDARIES OF THE DISTRICT; DESIGNATING THE INITIAL MEMBERS OF THE BOARD OF SUPERVISORS; ESTABLISHING THE GOVERNING DISTRICT CHARTER AS FLORIDA STATUTES CHAPTER 190; PROVIDING FOR NOTICE TO SUBSEQUENT PURCHASERS; PERTAINING TO MODIFICATIONS THAT MAY ARISE FROM CONSIDERATION AT PUBLIC HEARING; PROVIDING FOR CONFLICT, SEVERABILITY AND AN EFFECTIVE DATE.
 
            There will be a public hearing held in the County Commissioners' Chambers, Lee County Courthouse, 2120 Main Street, Fort Myers, Florida.  The public hearing will be held on Tuesday, September 18, 2018, at 9:30 a.m., or as soon thereafter as it can be heard.
 
            The purpose of this hearing is to consider a petition filed by Taylor Morrison of Florida, Inc., on June 21, 2018, to establish a Uniform Community Development District to be known as the Esplanade Lake Club Community Development District ("District") in accordance with Ch. 190, Florida Statutes.  Specifically, the Board will consider the six factors listed in §190.005(1)(e), Florida Statutes.  This hearing will also afford the petitioner, affected units of local government, and the general public a fair and adequate opportunity to appear and present oral and written comments regarding the establishment of the District.
 
            The specific legal authority for the establishment of the District is set forth in §§190.004 and 190.005, Florida Statutes.
 
            The land area to be served by the District is located in unincorporated Lee County, Florida.  The land area is generally located south of Alico Road, north of Miromar Lakes Parkway and east of Ben Hill Griffin Parkway and comprises approximately 778.93 contiguous acres.  The boundaries of the properties to be serviced by the proposed Community Development District are outlined in the map depicted in this notice.  There is no real property within the boundaries of the District that will be excluded from the District.
 
            If adopted, the ordinance will establish a Uniform Community Development District and designate the land to be serviced by the District.  A Community Development District government is a mechanism to ensure the provision of infrastructure subject to State and local regulatory requirements governing the lawful use and development of the property.  Creation and establishment of a district pursuant to Ch. 190, Florida Statutes, is not a development order under Ch. 380, Florida Statutes.  All planning, permitting, and other regulatory requirements pertaining to development within the land area must be in accordance with general and special law and applicable Lee County regulations.  The information set forth below, as provided by the petitioner, deals only with the factors to be considered in creating the Special District as an alternative for managing and financing certain basic services for community development pursuant to County permits.
 
            An independent Statement of Estimated Regulatory Costs prepared by JPWard & Associates LLC, determined that the categories of persons that may be affected by the economic consequences of the proposed District's establishment are: the State of Florida and its citizens, Lee County and its citizens, the petitioner, and present and future owners of property within the areas to be serviced by the District.  The Statement of Estimated Regulatory Costs anticipates the costs and benefits derived from the District's establishment and operation and describes the costs and benefits in detail.  A brief description of the costs and benefits are as follows:
 
            1.         To the State of Florida and Its Citizens.  There will be no more than minimal administrative costs and the proposed Community Development District will not require subsidies from the State or its citizens.  The District will pay all or a portion of the costs of capital construction and maintenance for District-owned infrastructure.  Establishment of the proposed District will benefit the State and its citizens by creating a mechanism to provide for a substantial investment in roads, drainage, and water and wastewater systems to satisfy level-of-service concurrency requirements.  The District will assure the placement of major infrastructure consistent and concurrent with approved development.  The District will provide effective monitoring and enforcement of development.  Additionally, the District will provide an improved level of development coordination and planning, as well as future maintenance of the infrastructure necessary to support the development.
 
            2.         Lee County and Its Citizens.  All County costs of reviewing the petition will be absorbed by the $15,000.00 filing fee paid by the petitioner.  The benefits to Lee County and its citizens from the establishment of the District will be as follows: (a) Establishment of the District ensures that the cost of providing additional infrastructure to serve the development will be borne by those receiving the benefit of the additional services; (b) Operating and maintenance costs of the development and its infrastructure will be the obligation of those actually receiving the benefits of these services and not Lee County; (c) The District will be responsible for the cost, management and administrative burdens associated with providing and funding the infrastructure improvements, facilities, services and maintenance for development within the District; (d) The District will accommodate a net increase in the County's population, but will not increase the demand for infrastructure and facilities outside the District; and (e) The District will contract with the Lee County Tax Collector to collect its taxes and non-ad valorem assessments.  The cost for this service will be defrayed through the fees charged by the Tax Collector.  These costs will be borne by the landowners of the District.
 
            3.         Current Property Owners.  The developer, as the initial landowner, will incur substantial costs if the proposed District is approved.  These costs can be grouped into five categories that include: (a) planning and petitioning for the District; (b) contributions of management and technical assistance; (c) district taxes and special assessments; (d) provision of required rights-of-way and easements; and, (e) landowners participation in the governmental process.  Over the life of the project, District landowners will pay District taxes and assessments to cover debt service and general operating expenditures.  As the major initial landowner in the District, the developer will initially pay the largest share of the District taxes and assessments.  The developer will provide the majority of the rights-of-way and easements.  Additional costs to District landowners will stem from the loss of legal control and project management over the District's infrastructure.  This is due to the Florida law requirement that all District decisions be made in open public meetings by a governing body subject to removal for malfeasance, nonfeasance, and misfeasance.  The economic benefit to the current property owner is derived from more efficient cost management of the District's infrastructure and from sustained delivery of quality service.  In addition, the District will provide access to otherwise unavailable tax exempt financing for infrastructure development.
 
            4.         Future Property Owners.  District landowners will be required to pay District taxes and assessments in addition to County and other taxes and assessments as a result of the establishment of the Esplanade Lake Club Community Development District.  District taxes and assessments do not affect or offset County or school board taxes and do not count against the County's millage cap.  Establishment of the District increases the future likelihood of high quality and well-maintained infrastructure after the developer has completed the project and may serve to enhance property values.   Future owners may receive higher levels of services and amenities, if provided by the District.  Control by a Community Development District, though subject to the Lee County Comprehensive Land Use Plan and land development regulations, allows District landowners some ability to determine the type, quality, and expense of District facilities and services.
 
            5.         Effect on Competition and the Open Market for Employment.  Establishment of the District will have an effect on competition in the housing market for residential real estate in Lee County.  No unique competitive advantage will be conferred on the Esplanade Lake Club Community Development District because similar developments have an equal opportunity to establish a district under State law.  Once established, the District may have a nominal positive impact on the open market for employment related to the provision of public infrastructure because District construction contracts must be publicly bid, and contractors, including small and minority businesses, will have timely access and opportunities for employment.
 
            6.         Impact on Small Businesses.  Establishing the proposed District will not adversely affect small business firms.  A district must operate in accord with Florida "Sunshine Law" and use a competitive bid process to obtain certain goods and services.  The District must follow the Consultants' Competitive Negotiation Act when awarding contracts for applicable services.  Accordingly, small businesses may be better able to compete for business in the Esplanade Lake Club Community Development.
 
            7.         Probable Costs and Benefits of Not Adopting the Rule.  If the District is not established, the developers would have to obtain other management and delivery tools and related financing.  Long-term fixed financing may not be available in the amounts needed or on the terms available from most lending institutions.  Assuming alternate financing is available, the interest cost may be significantly higher than the interest rate on district bonds.  Establishing the District provides the developer with a special governmental entity to assure that the community and its facilities are operated and maintained at the very highest levels.  Without the proposed District, the developer would have to utilize the homeowner association for this purpose, which does not have the enhanced ability of collecting assessments through the Tax Collector.
 
            8.         Determination of Less Costly, Less Intrusive Methods.  The Statement of Estimated Regulatory Costs identifies alternate methods to achieve the same purpose as the District and determines whether those methods are less costly or less intrusive than establishment of the District.  The assessment concludes the alternatives are inferior.
 
            9.         Reasonable Alternative.  The assessment describes reasonable alternatives to achieve the purpose such as: (a) MSTU/MSBU; (b) Dependent District; (c) County Government; (d) Special Act Independent District under Chapter 189; (e) the Developer; and, (f) Homeowner Association.  The assessment concludes that these alternatives are less suitable for reasons explained more fully in the Statement of Estimated Regulatory Costs prepared by JPWard & Associates LLC.
 
            10.       Detailed Methodology.  A detailed statement of methodology is in the Statement of Estimated Regulatory Costs prepared by JPWard & Associates LLC.
 
            Copies of this Notice, the proposed Ordinance, and the Esplanade Lake Club Community Development District Petition and its documentation are on file in the Minutes Office of the Clerk of the Circuit Court of Lee County.  The public may inspect or copy the Ordinance and Petition during regular business hours at the Department of Community Development or the Minutes Office.  The Minutes Office is located in the Courthouse Administration Building, 2115 Second Street, Fort Myers, Florida.  The Department of Community Development is located at 1500 Monroe Street, Fort Myers, Florida. 
 
            The ordinance, if adopted by the Board at this meeting, will take effect upon its filing with the Office of the Secretary of the Florida Department of State.
 
This meeting is open to the public. Anyone wishing to appeal the Board's decision(s) with respect to any matter considered at this meeting will need a record of the proceedings. Generally, a verbatim record, including all testimony and evidence upon which the appeal is to be based, will be necessary.
 
            Lee County will not discriminate against individuals with disabilities.  To request an accommodation, contact Joan LaGuardia, (239) 533-2314, Florida Relay Service 711, or adarequests@leegov.com, at least five business days in advance.
 
           Please govern yourself accordingly.

Location Map - Esplanade Lake Club Community Development District

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notice of county commissioners' meeting

9/18/2018


notice of county commissioners' meeting


When:

Tuesday, September 18, 2018
9:30 AM


Where:

Commission Chambers
2120 Main St.
Fort Myers, FL  33901


NOTICE IS HEREBY GIVEN that the Lee County Board of County Commissioners will meet on Tuesday, September 18, 2018, at 9:30 a.m. in the Commission Chambers, 2120 Main St., Fort Myers, FL to conduct the regular business of Lee County.  

Please note during the meeting the Board of County Commissioners may convene and take action in its capacity as the Lee County Port Authority or the Lee County Government Leasing Corporation. Lee County will not discriminate against individuals with disabilities.  To request an accommodation, contact Joan LaGuardia, (239) 533-2314, Florida Relay Service 711, or adarequests@leegov.com, at least five business days in advance.

To appeal the Board of County Commissioners, Lee County Port Authority, or Lee County Government Leasing Corporation decision made at this meeting, a record of the proceedings will be needed. The person appealing the decision will need to ensure that a verbatim record of the proceedings is made, which record shall include the testimony and evidence upon which the appeal is to be based. Detailed agenda and backup is available at www.leegov.com.

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