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District #1 Bob 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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March 20, 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: |
Rev. John Petresca |
Assembly of God |
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Pledge of Allegiance |
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Presentations: |
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CP 1 |
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Southwest Florida Symphony’s “March for Music” Ceremonial Resolution (#20070300 – Commissioner Janes) |
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Water and Wastewater Treatment Facility Awards Ceremonial Resolution (#20070369 – Commissioner Judah) |
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2006 Candy Pittro Award Presentation (#20070112 – Administrative Services/HR) |
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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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Adjourn |
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March 20, 2007
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1. |
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ACTION REQUESTED/PURPOSE: Approve budget amendment resolution to allocate excess fund balance and grant, CIP, and operational carryovers as determined by the completion of the financial audit, which approves transfers to and from reserves, authorize interfund transfers, and amend the FY06/07 -FY10/11 Capital Improvement Program. FUNDING SOURCE: Based on fund balance adjustments. WHAT ACTION ACCOMPLISHES: To adjust budgeted fund balance to reflect actual balances. Provides funds for unfinished contracts, equipment, operational expenditures, grant, and CIP carryovers. MANAGEMENT RECOMMENDATION: Approval (#20070200 – Administrative Services/Budget)
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ACTION REQUESTED/PURPOSE: Approve resolution for Chico’s FAS, Inc. corporate headquarters as a qualified applicant for the State Qualified Target Industry Tax Refund Program (QTI) as recommended by the Lee County Industrial Development Authority (IDA) on January 12, 2007. FUNDING SOURCE No funding required at this time. WHAT ACTION ACCOMPLISHES: State Law requires County to demonstrate 20% local match support for the application. MANAGEMENT RECOMMENDATION: Approve (#20070298 – Economic Development)
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5. |
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ACTION REQUESTED/PURPOSE: Approve the 2005 Community Development Block Grant (CDBG) Disaster Recovery Initiative (DRI) Subgrant Agreement from the State of Florida Department of Community Affairs (DCA) in the amount of $1,364,931; authorize a Budget Amendment Resolution; authorize the Board Chair to sign an Interlocal Cooperation Agreement in the amount of $84,901 with the City of Sanibel if the Sanibel project (s) are deemed eligible; approve Resolution to authorize the Human Services Director to amend the Subgrant Agreement if necessary, and authorize the Human Services Director and Human Services Fiscal Manager to sign required reports or other contractually required documents. FUNDING SOURCE: United States Department of Housing and Urban Development Community Development Block Grant WHAT ACTION ACCOMPLISHES: Accepts CDBG funds in the amount of $1,364,931 for repairs related to damage caused by Hurricane Wilma MANAGEMENT RECOMMENDATION: Approve the item (#20070344 – Human Services)
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ACTION REQUESTED/PURPOSE: Approve and execute contracts with the Department of Community Affairs, (DCA) and the Budget Resolutions for the Weatherization Assistance Programs, (WAP & WAP/LIHEAP), to establish funding for the Weatherization Programs for contract periods from April 1, 2007 to February 15, 2008, (WAP) and April 1, 2007 to March 31, 2008, (WAP-LIHEAP) FUNDING SOURCE: Department of Community Affairs. WHAT ACTION ACCOMPLISHES: Allows the Department of Human Services (DHS) to accept $85,734 for the weatherization of homes in Lee County. MANAGEMENT RECOMMENDATION: Approve (#20070348 – Human Services)
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ACTION REQUESTED/PURPOSE: Authorize the Division of County Lands to make a binding offer to property owner in the amount of $3,210 for Parcel 120, Plantation Road Extension, Project No. 4065, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete transaction. FUNDING SOURCE: Fund – Central District Road Impact Fees; Program: Capital Projects; Project: Plantation Road Extension. WHAT ACTION ACCOMPLISHES: Authorizes binding offer to property owner. MANAGEMENT RECOMMENDATION: Approve. (#20070259 – County Lands)
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ACTION REQUESTED/PURPOSE: Authorize the Division of County Lands to make a binding offer to property owner in the amount of $3,450 for Parcel 121, Plantation Road Extension, Project No. 4065, pursuant to the Purchase Agreement; authorize the Division of County Lands to handle all documentation necessary to complete transaction. FUNDING SOURCE: Fund – Central District Road Impact Fees; Program: Capital Projects; Project: Plantation Road Extension. WHAT ACTION ACCOMPLISHES: Authorizes binding offer to property owner. MANAGEMENT RECOMMENDATION: Approve. (#20070260 – County Lands)
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ACTION REQUESTED/PURPOSE: Developer Contributed Asset: Approve construction of water and gravity main extensions serving Summerlin Place, to provide potable water service, fire protection and sanitary sewer service to this proposed multi-family development and amenity center. This is a Developer contributed asset project located on the west side of Summerlin Road approximately ½ of a mile North of Gladiolus Drive. FUNDING SOURCE: No Funds 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: Approval. (#20070311 – Utilities)
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ACTION REQUESTED/PURPOSE: Developer Contributed Asset: Approve construction of water and gravity main extensions serving HealthPark Florida Commercial Shopping Center, to provide potable water service, fire protection and sanitary sewer service to this proposed commercial development. This is a Developer contributed asset project located at the northeast corner of Summerlin and Bass Road. FUNDING SOURCE: No Funds 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: Approval. (#20070312 – Utilities)
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ACTION REQUESTED/PURPOSE: Authorize the Chair, on behalf of the BOCC, to: 1) approve “License Agreement for Underground Pipe Installation and Occupation,” with the Seminole Gulf Railway, L.P. (SGLR), as it relates to the placement of a water main across the railroad right-of-way, as part of the proposed Florida Department of Transportation (FDOT) improvements to Metro Pkwy., from Hanson St. to Martin Luther King Jr. Blvd. (SR 82); and, 2) approve payment of fees: The total application ($3,500.00) and “one-time fee ($45,600.00),” as indicated in Paragraph 17 of the Agreement is $49,100.00. FUNDING SOURCE: Utilities Capital Improvement; Program: Capital Project; Project: SR 739 Waterline Relocation to be reimbursed by FDOT. WHAT ACTION ACCOMPLISHES: Permits the construction of a 12” Lee County Utilities water main, across the SGLR right-of-way to interconnect to the City of Fort Myers’ water system. This construction re-establishes an existing interconnect, relocated due to the FDOT improvements to Metro Pkwy. MANAGEMENT RECOMMENDATION: Approval (#20070313 – Utilities)
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ACTION REQUESTED/PURPOSE: Approve and execute a lease agreement between Lee County and the Royal Palm Sailing Club (d/b/a The Edison Sailing Center). The Edison Sailing Center provides a community sailing program. The Edison Sailing Center has a desire to participate in the County’s Blueway Project and also a desire to construct a new floating dock and dredge for shoreline improvements at an estimated cost of $333,224. The Edison Sailing Center has secured $167,112 toward the floating dock project from West Coast Island Navigation District (WCIND). Lee County Parks and Recreation has already funded and secured the permits from the Department of Environmental Protection and the Army Corps of Engineers. Lee County Parks and Recreation further desires to assist with the floating dock project; which will provide continuous linkage County’s Blueway Project, by providing $135,000. The funding has been approved in the FY 06/07 Capital Improvement Program. FUNDING SOURCE: Fund – Regional Park Impact Fees and Capital Project – Royal Palm Sailing Center WHAT ACTION ACCOMPLISHES: Provides a continuous link for the County’s Blueway Project and provides the community with public access for recreation and alternative modes of transportation MANAGEMENT RECOMMENDATION: Approve (#20070345 – 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 – Excess Proceeds Services, LLC. 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 property owner. 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 (#20070291 – 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 – Hunt and Sweeney. 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 property owner. 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 (#20070292 – 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 – Bossuyt. 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 property owner. 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 (#20070301 – 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 – Chase. 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 property owner. 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 (#20070302 – 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 – Chase. 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 property owner. 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 (#20070303 – 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 – Swearingen & Assoc. for Minichiello. 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 property owner. 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 (#20070304 – 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 – Swearingen & Associates for Dawkins and Sears. 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 property owner. 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 (#20070305 – 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 – Swearingen and Associates for Tonogan et al. 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 land owner. 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 (#20070317 – 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 – Frapporti. 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 property owner. 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 (#20070318 – Clerk of Court)
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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) (#20070371 – Clerk of Court)
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March 20, 2007
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ACTION REQUESTED/PURPOSE: Authorize: (1) approval of the purchase of Parcel 185-2, Conservation 20/20 Land Acquisition Program, Project No. 8800, further identified as STRAP Nos. 35-45-22-00-00001.0000 and 34-45-22-00-00003.0000, consisting of approximately 105.22 acres located in the southwest region of Pine Island, in the amount of $3,725,000; (2) the Chairman on behalf of the Board of County Commissioners to execute Purchase Agreement; (3) payment of necessary costs and fees to close; and (4) the Division of County Lands to handle and accept all documentation necessary to complete this transaction. FUNDING SOURCE: Fund–Conservation 20/20 Capital Improvement Fund; Program–Capital Project WHAT ACTION ACCOMPLISHES: The acquisition of one of the properties recommended by the Conservation Land Acquisition and Stewardship Advisory Committee. MANAGEMENT RECOMMENDATION: Approve (#20070239 – County Lands)
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ACTION REQUESTED/PURPOSE: Approve a Disclosure and Waiver of Conflicts letter from the law firm of Oertel, Fernandez, Cole & Bryant. A conflict of interest could potentially arise out of the representation by Oertel, Fernandez, Cole & Bryant of Lee County in Dean & Dean Farms v. Lee County, Case No. 06-CA-5011, and of Colonial Homes, Inc. in Lee County v. Colonial Homes, Inc., Case No.: 06CA-939-H. FUNDING SOURCE: WHAT ACTION ACCOMPLISHES: Allows Oertel, Fernandez, Cole & Bryant to continue to represent Lee County and Colonial Homes in the respective lawsuits. MANAGEMENT RECOMMENDATION: Grant the waiver and execute the Disclosure and Waiver of Conflicts letter. (#20070206 – County Attorney)
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