District #1Bob Janes Chairman |
District #2 Brian Bigelow |
District #3 Ray JudahVice Chair |
District #4 Tammy Hall |
District #5 Frank Mann |
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Donald D. Stilwell County Manager |
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David M. Owen County Attorney |
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February 13, 2007 |
Please fill out a “Request to Comment” card if you plan to address the Board and return it to the Clerk at the left of the podium prior to the start of the meeting.
All back up for this agenda is available on the Internet at http://www.lee-county.com. Additional information is available in the Public Resources Office, 1st Floor, Administration Building, 2115 Second St., Fort Myers, FL
PLEASE NOTE: The Board may take action in its capacity as the Port Authority or Government Leasing Corporation.
COMMISSION CHAMBERS, 2120 MAIN STREET, FORT MYERS, FLORIDA
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9:30 AM |
Invocation: |
Pastor Dane Blankenship |
First Baptist Church of Cape Coral |
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Pledge of Allegiance |
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Recap |
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Public Comment on the Consent and Administrative Agenda |
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Items to be pulled for discussion by the Board |
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Motion to approve balance of items |
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Consideration of items pulled for discussion |
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Walk-ons and Carry-overs |
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Commissioners' Items/Committee Appointments |
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County Manager Items |
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County Attorney Items |
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9:35 AM |
Presentation by Carol Wehle, South Florida Water Management District |
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Recess until 5:00 PM |
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February 13, 2007
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ACTION REQUESTED/PURPOSE: Request Chairman approve budget transfer in the amount of $62,000 from the Admin A/C Pump Replacement project to Boca Grande Community Center A/C Replacement project and amend FY 06/07 Maintenance CIP Budget. FUNDING SOURCE: Fund – General Fund, Ad Valorem Taxes; Program – Maintenance Project; Project – Boca Grande Community Center A/C Replacement WHAT ACTION ACCOMPLISHES: Provides the necessary funds to replace the air conditioning units at Boca Grande Community Center. MANAGEMENT RECOMMENDATION: Approve (#20070168 – Construction and Design)
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ACTION REQUESTED/PURPOSE: Approve award of Project No.: EX070225 for the Purchase of Maintenance, Repair and Operation (MRO) Supplies from all the vendors and authorized distributors listed for the prices as stated on Florida State Contract #450-000-04-1. The expiration date of this contract is November 13, 2007 with possible extensions; therefore, permission is requested to utilize these contracts until they expire if in the best interest of Lee County. Total annual expenditure is approximately $250,000.00. Also request authority to continue utilizing future Florida State Contracts for the purchase of maintenance, repair and operation supplies, if in the best interest of Lee County, and an increase in future overall expenditures of approximately 10% annually. FUNDING SOURCE: Each individual department is responsible for their own funding. WHAT ACTION ACCOMPLISHES: Allows County-wide purchases of maintenance, repair and operation supplies at competitive prices. MANAGEMENT RECOMMENDATION: Approve as stated. (#20070125 – Purchasing)
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ACTION REQUESTED/PURPOSE: Approve Lee County Transit’s Revised Substance Abuse Policy for Safety Sensitive Employees. All Federally funded transit agencies must have a current adopted Substance Abuse Policy for Safety Sensitive Employees pursuant to 49 CFR, Part 655. This revised policy brings Lee Tran into compliance with this Federal Requirement. FUNDING SOURCE: Funding provided in adopted Lee Tran Operating Budget. WHAT ACTION ACCOMPLISHES: Formally establishes the Revised Substance/Drug and Alcohol Testing Policy for Safety Sensitive employees at Lee County Transit. MANAGEMENT RECOMMENDATION: Approve (#20070126 – Transit)
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ACTION REQUESTED/PURPOSE: Authorize Chair to execute Modifications to agreements for the Florida Department of Community Affairs Contracts: #05-DS-2N-06-45-01-105, and #06DS-3W-13-00-21-347. These modifications revise the scope of work for a grant funded planner position that supports the Southwest Florida Regional Domestic Security Task Force. FUNDING SOURCE: Grant—No County Match WHAT ACTION ACCOMPLISHES: Provides additional duties for the planner position. MANAGEMENT RECOMMENDATION: Staff recommends approval. (#20070104 – Public Safety)
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ACTION REQUESTED/PURPOSE: Request the Board to approve a two-year Certificate of Public Convenience and Necessity for Lee County Emergency Medical Service. FUNDING SOURCE: Non required WHAT ACTION ACCOMPLISHES: Allows Lee County Emergency Medical Service to continue to operate as an Advanced Life Support (ALS) Ambulance Provider for two additional years. MANAGEMENT RECOMMENDATION: Approve (#20070124 – Public Safety/EMS)
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ACTION REQUESTED/PURPOSE: Approve Budget Amendment in the general fund for the donation in the amount of $10,000 from Mary J. P. Moore Advised Fund of the Fidelity Charitable Gift Fund for Lee County Emergency Medical Services FUNDING
SOURCE: WHAT ACTION ACCOMPLISHES: Allows donation to be accepted by the Department. MANAGEMENT RECOMMENDATION: Approve (#20070160 – Public Safety/EMS)
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ACTION REQUESTED/PURPOSE: Board approve a two year Certificate of Public Convenience and Necessity (CON) for Lehigh Acres Fire Control and Rescue District. CON is required by Florida Statute 401.25(d) for renewal of EMS provider license application. FUNDING SOURCE: None required WHAT ACTION ACCOMPLISHES: Allows Lehigh Acres Fire Control and Rescue District to be recertified by the Bureau of EMS as an ALS Transport Provider for two years. MANAGEMENT RECOMMENDATION: Approve (#20070161 – Public Safety/EMS)
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ACTION REQUESTED/PURPOSE: Approve the resolution authorizing the Chairman to execute the attached Local Agency Program Agreement with the Florida Department of Transportation for Tice Street Sidewalk. Rescind the prior LAP agreement that was executed by the Board on October 18, 2005. FUNDING SOURCE: No funds required. WHAT ACTION ACCOMPLISHES: Allows County to proceed with the construction of a sidewalk along Tice Street. MANAGEMENT RECOMMENDATION: Approve (#20070110 – Transportation)
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ACTION REQUESTED/PURPOSE: Authorize the Chairman to execute an amendment to the Interlocal Agreement between the County and the City of Ft. Myers for the CONSTRUCTION AND MAINTENANCE phases of Veronica S. Shoemaker (FKA Palmetto Avenue) extension from Colonial Boulevard to Dr. Martin Luther King, Jr. Boulevard in the amount of $106,176.60. FUNDING SOURCE: Fund – Transportation Capital Improvement; Program – Maintenance Projects; Project – Palmetto Avenue Extension. WHAT ACTION ACCOMPLISHES: Allows County to contribute additional funds to the final phase of this project. MANAGEMENT RECOMMENDATION: Approve (#20070162 – Transportation)
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ACTION REQUESTED/PURPOSE: Developer Contributed Asset: Approve final acceptance, by Resolution as a donation of water and gravity main extensions to provide potable water service, fire protection and sanitary sewer service to Belle Lago, Phase 2-A, a phased single-family subdivision. This is a developer contributed asset project located on the north side of Estero Parkway approximately 2/3 mile east of US 41 South. FUNDING SOURCE: No funding required. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to support development of this phase of the subject property and complies with the Lee County Utilities Operations Manual. MANAGEMENT RECOMMENDATION: Approve. (#20070066 – Utilities)
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ACTION REQUESTED/PURPOSE: Developer Contributed Asset: Approve final acceptance, by Resolution, as a donation of a water distribution and gravity collection systems, lift station and force main to provide potable water service, fire protection and sanitary sewer service to Reserve at Estero, Phase 2A, of this phased single-family residential development. This is a Developer Contributed asset project located along the north side of Estero Parkway approximately 1 mile east of U.S. 41 south. FUNDING SOURCE: No funding required. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Operations Manual. MANAGEMENT RECOMMENDATION: Approve. (#20070094 – Utilities)
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ACTION REQUESTED/PURPOSE: Developer Contributed Asset: Approve construction of a water main extension and three 10” diameter master meter assemblies serving Daniels Falls (a/k/a Powers Court), to provide potable water service, fire protection and sanitary sewer service to this proposed commercial development. This is a Developer contributed asset project located on Daniels Parkway approximately ¼ of a mile West of Fiddlesticks Boulevard. FUNDING SOURCE: No funding required. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Operations Manual. MANAGEMENT RECOMMENDATION: Approve. (#20070095 – Utilities)
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ACTION REQUESTED/PURPOSE: Developer Contributed Asset: Approve construction of one 10” diameter master meter assembly serving Regional Transportation Management Center, to provide potable water service, fire protection and sanitary sewer service to this proposed regional headquarters for the Florida Department of Transportations (FDOT) Intelligent Transportation Systems and headquarters for the Florida Highway Patrol. This is a FDOT contributed asset project located on the Northeast corner if I-75 and Daniels Parkway. FUNDING SOURCE: No funding required. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Operations Manual. MANAGEMENT RECOMMENDATION: Approve. (#20070102 – Utilities)
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ACTION REQUESTED/PURPOSE: Developer Contributed Asset: Approve final acceptance, by Resolution, as a donation of a force main extension, to provide sewer service to FPL Gladiolus Service Center Wastewater Pump Station and Force Main, an existing FPL service center. This is a Developer Contributed asset project located on the southwest corner of Winkler Road and Summerlin Road. FUNDING SOURCE: No funding required. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Operations Manual. MANAGEMENT RECOMMENDATION: Approve. (#20070105 – Utilities)
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ACTION REQUESTED/PURPOSE: Developer Contributed Asset: Approve final acceptance, by Resolution and recording of one Utility Easement, as a donation of one 8’’ diameter fire line, one fire hydrant, and 24 water services, to provide water service and fire protection to Alico Commercial Park, Lots 4-10, a recently constructed commercial development. This is a Developer Contributed asset project located on the east side of Cam Court approximately 800’ south of Alico Road. FUNDING SOURCE: No funding required. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Operations Manual. MANAGEMENT RECOMMENDATION: Approve. (#20070113 – Utilities)
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ACTION REQUESTED/PURPOSE: Developer Contributed Asset: Approve final acceptance, by Resolution and recording of one Utility Easement, as a donation of water and force main extensions, to provide potable water service, fire protection and sewer service to Mar-Mas Professional Center, a recently constructed commercial building. This is a Developer Contributed asset project located on the east side of San Carlos Blvd approximately 1,000’ south of Gladiolus Drive. FUNDING SOURCE: No funding required. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Operations Manual. MANAGEMENT RECOMMENDATION: Approve. (#20070114 – Utilities)
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ACTION REQUESTED/PURPOSE: Initiate rezonings for the Conservation 20/20 parcels collectively known as Caloosahatchee Creeks Preserve. Zoning designations should be changed to Environmentally Critical to reflect the use of the property and resolve the conflict with the Future Land Use Map. WHAT ACTION ACCOMPLISHES: Zoning designations will no longer conflict with the Future Land Use Map. MANAGEMENT RECOMMENDATION: To direct the Division of Planning to change the zoning category to Environmentally Critical. (#20070062 – Parks and Recreation)
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ACTION REQUESTED/PURPOSE: Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – Arena Estate. Pursuant to Florida Statute 197 the Board is to hold unclaimed overbid funds from Delinquent Tax sales for a period of two years on behalf of the original landowner. FUNDING SOURCE: Delinquent Tax Property sale proceeds in excess of the taxes owed, held on behalf of the former property owner by the Board. WHAT ACTION ACCOMPLISHES: The Clerk has received a verified claim of these funds and requests that you release them to the claimant. MANAGEMENT RECOMMENDATION: Approve (#20070129 – Clerk of Court)
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ACTION REQUESTED/PURPOSE: Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – Arena Estate. Pursuant to Florida Statute 197 the Board is to hold unclaimed overbid funds from Delinquent Tax sales for a period of two years on behalf of the original landowner. FUNDING SOURCE: Delinquent Tax Property sale proceeds in excess of the taxes owed, held on behalf of the former property owner by the Board. WHAT ACTION ACCOMPLISHES: The Clerk has received a verified claim of these funds and requests that you release them to the claimant. MANAGEMENT RECOMMENDATION: Approve (#20070130 – Clerk of Court)
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ACTION REQUESTED/PURPOSE: Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – Arena Estate. Pursuant to Florida Statute 197 the Board is to hold unclaimed overbid funds from Delinquent Tax sales for a period of two years on behalf of the original landowner. FUNDING SOURCE: Delinquent Tax Property sale proceeds in excess of the taxes owed, held on behalf of the former property owner by the Board. WHAT ACTION ACCOMPLISHES: The Clerk has received a verified claim of these funds and requests that you release them to the claimant. MANAGEMENT RECOMMENDATION: Approve (#20070131 – Clerk of Court)
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ACTION REQUESTED/PURPOSE: Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – Arena Estate. Pursuant to Florida Statute 197 the Board is to hold unclaimed overbid funds from Delinquent Tax sales for a period of two years on behalf of the original landowner. FUNDING SOURCE: Delinquent Tax Property sale proceeds in excess of the taxes owed, held on behalf of the former property owner by the Board. WHAT ACTION ACCOMPLISHES: The Clerk has received a verified claim of these funds and requests that you release them to the claimant. MANAGEMENT RECOMMENDATION: Approve (#20070132 – Clerk of Court)
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ACTION REQUESTED/PURPOSE: Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – Universal Asset Recovery Corporation. Pursuant to Florida Statute 197 the Board is to hold unclaimed overbid funds from Delinquent Tax sales for a period of two years on behalf of the original landowner. FUNDING SOURCE: Delinquent Tax Property sale proceeds in excess of the taxes owed, held on behalf of the former property owner by the Board. WHAT ACTION ACCOMPLISHES: The Clerk has received a verified claim of these funds and requests that you release them to the claimant. MANAGEMENT RECOMMENDATION: Approve (#20070133 – Clerk of Court)
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ACTION REQUESTED/PURPOSE: Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – International Asset Locator for Beerbower. Pursuant to Florida Statute 197 the Board is to hold unclaimed overbid funds from Delinquent Tax sales for a period of two years on behalf of the original landowner. After two years, per F.S. 197.473(2), a claim is forever barred and the monies become property of the Board. This claim was filed 18 days after the 2 year deadline. WHAT ACTION ACCOMPLISHES: The Clerk has received a verified claim of these funds and requests that you consider paying the claim, though it was filed late. MANAGEMENT RECOMMENDATION: Approve (#20070134 – Clerk of Court)
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ACTION REQUESTED/PURPOSE: Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – Maher. Pursuant to Florida Statute 197 the Board is to hold unclaimed overbid funds from Delinquent Tax sales for a period of two years on behalf of the original landowner. WHAT ACTION ACCOMPLISHES: The Clerk has received a verified claim of these funds and requests that you release them to the claimant. MANAGEMENT RECOMMENDATION: Approve (#20070135 – Clerk of Court)
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ACTION REQUESTED/PURPOSE: Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – Futo. Pursuant to Florida Statute 197 the Board is to hold unclaimed overbid funds from Delinquent Tax sales for a period of two years on behalf of the original landowner. WHAT ACTION ACCOMPLISHES: The Clerk has received a verified claim of these funds and requests that you release them to the claimant. MANAGEMENT RECOMMENDATION: Approve (#20070136 – Clerk of Court)
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ACTION REQUESTED/PURPOSE: Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – Palm Research Group. Pursuant to Florida Statute 197 the Board is to hold unclaimed overbid funds from Delinquent Tax sales for a period of two years on behalf of the original landowner. After two years, per F.S. 197.473(2), a claim is forever barred and the monies become property of the Board. This claim was filed 69 days after the 2 year deadline. WHAT ACTION ACCOMPLISHES: The Clerk has received a verified claim of these funds and requests that you release them to the claimant. MANAGEMENT RECOMMENDATION: Approve (#20070137 – Clerk of Court)
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ACTION REQUESTED/PURPOSE: Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant – Palm Research Group. Pursuant to Florida Statute 197 the Board is to hold unclaimed overbid funds from Delinquent Tax sales for a period of two years on behalf of the original landowner. After two years, per F.S. 197.473(2), a claim is forever barred and the monies become property of the Board. This claim was filed 69 days after the 2 year deadline. WHAT ACTION ACCOMPLISHES: The Clerk has received a verified claim of these funds and requests that you release them to the claimant. MANAGEMENT RECOMMENDATION: Approve (#20070138 – Clerk of Court)
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ACTION REQUESTED/PURPOSE: Approval of the following Minutes of the Board of County Commissioners Meetings: July 11, 2000 (Regular) September 24, 2002 (Regular) January 23, 2001 (Regular) February 25, 2003 (Regular) December 04, 2001 (Regular) February 02, 2004 (Zoning) February 26, 2002 (Regular) February 10, 2004 (Regular) March 19, 2002 (Regular) May 15, 2006 (Zoning) July 09, 2002 (Regular) September 12, 2006 (Regular) FUNDING SOURCE: WHAT ACTION ACCOMPLISHES: MANAGEMENT RECOMMENDATION: Approve (#20070182 – Clerk of Courts)
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ACTION REQUESTED/PURPOSE: Request Board approves disbursements. The check and wire registers can be reviewed on the 3rd floor of the County Administration Building. WHAT ACTION ACCOMPLISHES: Florida Statute Chapter 136.06 (1) requires that all County disbursements be recorded in the Minutes of the Board. MANAGEMENT RECOMMENDATION: Compliance with the requirements of FS 136.06 (1) (#20070184 – Clerk of Court)
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February 13, 2007
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ACTION REQUESTED/PURPOSE: Adopt a resolution and amendment to the Lee County Administrative Code 11-9, pertaining to bicycle and pedestrian facilities construction on major roadways. FUNDING SOURCE: No funding required. WHAT ACTION ACCOMPLISHES: Updates and clarifies the location and design criteria for the construction of bicycle and pedestrian facilities along County and State maintained roadways. MANAGEMENT RECOMMENDATION: Approve (#20070166 – Transportation)
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WALK ON AGENDA
February 13,
2007
Walk On |
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ACTION
REQUESTED/PURPOSE: Ceremonial Resolution recognizing Black History Month REASON FOR WALK ON: Request by Commissioner Bigelow to be read at the 5:00 PM Public Hearing. |
CARRYOVER
AGENDA
February 13,
2007
Carryover |
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PUBLIC AGENDA
February 13, 2007
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5:00 PM |
Public Hearings |
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ACTION REQUESTED/PURPOSE: Conduct a Public Hearing and consider the adoption by resolution of the updated Unified Local Mitigation Strategy for Lee County, and rescind Resolution No. 00-01-01 which established the initial edition of the Unified Local Mitigation Strategy. WHAT ACTION ACCOMPLISHES: Complies with Federal requirements that the strategy must include an opportunity for the public to comment on the document before approval by the elected governing body. Board must formally adopt the Resolution at a scheduled, advertised Public Hearing. MANAGEMENT RECOMMENDATION: Adopt by resolution the updated Unified Local Mitigation Strategy. (#20070039 – Emergency Management) |
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ACTION REQUESTED/PURPOSE: Conduct a Public Hearing and consider the adoption of an Ordinance entitled “Local Business Tax Ordinance” on Tuesday, February 13, 2007, at 5:00 p.m. FUNDING SOURCE: Funding generated will go into Lee County’s General Fund. WHAT ACTION ACCOMPLISHES: Board must formally adopt an Ordinance at a scheduled, advertised Public Hearing revising and reclassifying the rate structure for the Lee County Local Business Tax Ordinance. MANAGEMENT RECOMMENDATION: Adopt Ordinance “Local Business Tax Ordinance”. (#20070088 – County Attorney)
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5:05 PM |
Public Presentation of Matters by Citizens |
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Adjourn |