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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 27, 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 Becky Robbins/Penniman |
Lamb of God Church |
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Pledge of Allegiance |
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Presentations: |
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CP 1 |
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Ceremonial Resolution recognizing the Minnesota Twins (#20070401 – Commissioner Janes) |
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Presentation by Chip Jones, KPMG, LLP, regarding the Lee County Financial Assistance Report (FAR).
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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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Public Hearings |
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ACTION REQUESTED/PURPOSE: Adopt and enact an ordinance known as the Palermo Community Development District Ordinance covering property located in North Fort Myers adjacent to Sabal Springs that is already approved for development pursuant to RPD Resolution Z-04-019 (a/k/a Crane Landing). FUNDING SOURCE: N/A WHAT ACTION ACCOMPLISHES: Creates an independent special district that provides an alternative method to manage and finance basic services for community development. If adopted, the ordinance will create an independent Special District capable of financing and providing the basic services within the District boundary. This district boundary encompasses property rezoned to RPD under Resolution Z-04-019, when the project was known as Crane Landing. MANAGEMENT RECOMMENDATION: Approve (#20070327 – County Attorney) |
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Recess until 5:00 PM |
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March 27, 2007
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ACTION REQUESTED/PURPOSE: Authorize an amendment to the SHIP (State Housing Initiatives Partnership) Contract C-3071 between the Board of County Commissioners and the Bonita Springs Area Housing Development Corp. (BSHDC), to change the contract project scope from the construction of single family houses for 3 very-low and 1 low-income households to 2 very-low income and 2 low-income households. FUNDING SOURCE: Amendment to existing contract, funding already in place. No additional funding is required. WHAT ACTION ACCOMPLISHES: Approval of this amendment adapts the contract to meet the client’s needs while still remaining consistent with the Local Housing Assistance Plan. MANAGEMENT RECOMMENDATION: Approve (#20070341 – Planning)
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ACTION REQUESTED/PURPOSE: Approve and adopt Resolution authorizing County Manager, or designee, to enter into, execute, and accept, on behalf of the Board all necessary Temporary Licensing Agreements for the purpose of establishing staging areas to store horticultural, construction, and demolition debris created by a local emergency event. FUNDING SOURCE: None WHAT ACTION ACCOMPLISHES: Allows staff to secure locations for temporary staging areas prior to the declaration of a local emergency event. MANAGEMENT RECOMMENDATION: Approve (#20070316 – County Lands)
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ACTION REQUESTED/PURPOSE: Approve Purchase Agreement for acquisition of Parcel 309 (7,920 sq. ft.), Ortiz Avenue Project 4072, in the amount of $53,000, pursuant to the terms and conditions set forth in the Agreement. Authorize payment of costs to close and the Division of County Lands to handle and accept all documentation necessary to complete this transaction. FUNDING SOURCE: Fund: Road Impact Fee – Central District; Program: Capital Project; Project: Ortiz Ave/MLK to Luckett Road. WHAT ACTION ACCOMPLISHES: Acquisition of property necessary for the Ortiz Avenue Widening Project, No. 4072. MANAGEMENT RECOMMENDATION: Approve. (#20070334 – County Lands)
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ACTION REQUESTED/PURPOSE: Approve Purchase Agreement for acquisition of Parcel 143 (13,250 sq. ft.), Ortiz Avenue Project 4072, in the amount of $121,000, pursuant to the terms and conditions set forth in the Agreement; authorize payment of costs to close and the Division of County Lands to handle and accept all documentation necessary to complete this transaction. FUNDING SOURCE: Fund: Road Impact Fee – Central District; Program: Capital Project; Project: Ortiz Ave/MLK to Luckett Road. WHAT ACTION ACCOMPLISHES: Acquisition of property necessary for the Ortiz Avenue Widening Project, No. 4072. MANAGEMENT RECOMMENDATION: Approve. (#20070365 – County Lands)
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ACTION REQUESTED/PURPOSE: Adopt a motion to approve changing a street name on a platted street: as recorded Sappadillo St in Plat Book 3 on page 35; to be changed to Saint James Way FUNDING SOURCE: None WHAT ACTION ACCOMPLISHES: This will eliminate phonetically similar street names within the same subdivision. MANAGEMENT RECOMMENDATION: Approve (#20070364 – Public Safety)
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ACTION REQUESTED/PURPOSE: Approve an agreement for the possible relocation of a portion of Johnson Lane, authorize the Chairman to sign all documents necessary to accomplish the relocation and authorize the Lee County Department of Transportation to do those things necessary to complete the transaction. FUNDING SOURCE: No County funding is requested. All costs will be paid for by property owner/developer. WHAT ACTION ACCOMPLISHES: Authorizes the possible relocation and reconstruction of a portion of Johnson Lane in North Fort Myers. MANAGEMENT RECOMMENDATION: Approve (#20070388 – Transportation)
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ACTION REQUESTED/PURPOSE: Approve two Budget Resolutions to move $5,000,000 received from the State Revolving Fund Loan specifically for the North Lee County Water Treatment Plant (NLCWTP) project to reimburse some of the project’s expenses and payments initially made from the Utilities Capital Improvements Fund. FUNDING SOURCE: No funds required. WHAT ACTION ACCOMPLISHES: Allocates loan proceeds from the SRF to the LCU Capital Improvements Fund for appropriate reimbursement of expenditures made from this fund during previous periods and creates the accounting trail required by the State Revolving Fund rules. MANAGEMENT RECOMMENDATION: Approval. (#20070336 – Utilities)
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ACTION REQUESTED/PURPOSE: Approve the Construction Manager (CM) Agreement under RFQ-05-07 COUNTY-WIDE CONTRACT FOR CONSTRUCTION MANAGEMENT, for the project known as OLGA WATER TREATMENT PLANT FILER REHABILITATION to Westco Builders of Florida, Inc., for a total Guaranteed Maximum Price (GMP) of $814,858.00 (includes CM fee of $55,558.00), with a total completion time of 180 days. Also request that the Board approve waiving of the formal process (if needed) and authorize the use of the Direct Material Purchase Orders as provided for in the CM agreement with Lee County, which allows the County to purchase directly from suppliers of equipment and/or materials as a cost/time saving measure. Funds are available for this project. Further authorize Chairman to execute the CM Agreement upon receipt. FUNDING SOURCE: Fund – LCU Capital Improvements; Program - Capital Project; Project; Olga Water Treatment Plant Reservoir and Plant Improvement. WHAT ACTION ACCOMPLISHES: Provides Lee County with a Construction Manager for the Olga Water Treatment Plant Filter Rehabilitation to include but not limited to rehabilitate the existing Greenleaf filter and increase filter treatment capacity from 5.0 MGD to 6.0 MGD. MANAGEMENT RECOMMENDATION: Approve (#20070349 – Utilities)
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ACTION REQUESTED/PURPOSE: Approve the Flag Pond Preserve (FPP) Land Stewardship Plan. WHAT ACTION ACCOMPLISHES: Approving of the FPP Plan establishes guidelines for restoration activities at FPP. MANAGEMENT RECOMMENDATION: Approve the plan so Land Stewardship staff can begin implementation. (#20070383 – Parks and Recreation)
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ACTION REQUESTED/PURPOSE: Approve the Columbus G. McLeod Preserve (CGMP) Land Stewardship Plan. WHAT ACTION ACCOMPLISHES: Approving of the CGMP Plan establishes guidelines for restoration and public use facilities at CGMP. MANAGEMENT RECOMMENDATION: Approve the plan so Land Stewardship staff can begin implementation. (#20070384 – 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 – International Asset Locator for Moler. 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 (#20070351 – 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 – The City of Cape Coral and Babitt. 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 (#20070352 – 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 – Coffield 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 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 (#20070353 – 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 Gelinas. 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 (#20070354 – 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 – Amat and Castillo. 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 (#20070355 – 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 – Phillips and Bell 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 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 (#20070356 – 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 – 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 (#20070357 – Clerk of Court)
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ACTION REQUESTED/PURPOSE: Approve and execute the FY06 annual financial report to the Florida Department of Banking and Finance (Department). WHAT ACTION ACCOMPLISHES: To comply with Section 218.32, Florida Statutes, requiring that within 45 days after the receipt of the audit report each local governmental entity shall submit a copy of its annual financial report, for the previous fiscal year, to the Department. Noncompliance with Section 218.32, Florida Statutes, will cause the Department to notify the Legislative Auditing Committee which may require the withholding of funds payable to the County by the Department of Revenue and the Department of Banking and Finance. MANAGEMENT RECOMMENDATION: Approve (#20070385 – Clerk of Court)
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ACTION REQUESTED/PURPOSE: Presentation to the Board of County Commissioners the Lee County’s Port Authority’s financial statements for fiscal year 2006. WHAT ACTION ACCOMPLISHES: Provides public notice of the availability of the audited financial statements to the citizens of Lee County. MANAGEMENT RECOMMENDATION: Approve (#20070386 – Clerk of Court)
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ACTION REQUESTED/PURPOSE: Presentation to the Board of County Commissioners the Lee County Comprehensive Annual Financial Report (CAFR) for fiscal year 2006. WHAT ACTION ACCOMPLISHES: Provides public notice of the availability of the audited financial statements to the citizens of Lee County. MANAGEMENT RECOMMENDATION: Approve (#20070387 – Clerk of Court)
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ACTION REQUESTED/PURPOSE: Request that the Lee County Governmental Leasing Corporation authorize the President to execute (sign) tax returns for the year ended September 30, 2006. No funds are required. WHAT ACTION ACCOMPLISHES: Federal and state laws require that corporations file income tax and intangible tax returns. Signing the tax returns and filing them with the respective authorities will serve as compliance with federal and state laws. MANAGEMENT RECOMMENDATION: Approve (#20070395 – 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) (#20070396 – Clerk of Court)
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ACTION REQUESTED/PURPOSE: Present for information purposes. WHAT ACTION ACCOMPLISHES: To provide interim reporting on selected funds and revenues of the Lee County Board of County Commissioners. Included in the report in compliance with Chapter 218.415 Florida Statutes, Local Government Investment Policies is the stated and fair market value of the investments managed by the Clerk’s Office, pursuant to Lee County Ordinance 02-28 activity for the Driver’s Education Safety Trust Funds. MANAGEMENT RECOMMENDATION: The purpose of this report is to convey to you the financial status of selected significant funds of the Lee County Board of County Commissioners and the status of specific revenues as of the stated dates and the market value of the investments managed by the Clerk’s Office on behalf of the Board. (#20070397 – Clerk of Court)
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ACTION REQUESTED/PURPOSE: Present to the Board of County Commissioners the Independent Auditors’ Management Letter for the fiscal year ended September 30, 2006. WHAT ACTION ACCOMPLISHES: Compliance with Chapter 10.550, “Rules of the Auditor General – Local Governmental Entity Audits”, and Section 218.391, Florida Statutes. MANAGEMENT RECOMMENDATION: Approve (#20070398 – Clerk of Court)
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ACTION REQUESTED/PURPOSE: That the Board of County Commissioners accept the annual Lee County Financial Assistance Report (FAR). WHAT ACTION ACCOMPLISHES: Provides public notice of the availability of the Lee County Financial Assistance Report to the citizens of Lee County. MANAGEMENT RECOMMENDATION: Approve (#20070399 – Clerk of Court)
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March 27, 2007
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ACTION REQUESTED/PURPOSE: Amend contract between Lee County and Fisherman’s Cove of Fort Myers, LLC, relating to the approval of bonus density pursuant to the Cash Contribution Option. FUNDING SOURCE: No County funds to be expended. Cash contribution has already been received. WHAT ACTION ACCOMPLISHES: Revises the existing agreement to reflect a specific buffer and wall plan between the property and the adjacent single-family home community to the south. MANAGEMENT RECOMMENDATION: Approve amendment to the agreement. (#20070347 – Planning)
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PUBLIC AGENDA
March 27, 2007
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5:00 PM |
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No Items |
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5:05 PM |
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Public Hearing |
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ACTION REQUESTED/PURPOSE: Adopt an ordinance that adopts a Lee Plan Small Scale Amendment, CPA2006-00004 Adelson Small Scale Amendment. FUNDING SOURCE: N/A WHAT ACTION ACCOMPLISHES: Changes the Lee Plan Future Land Use Map Series, Map 1, from Rural to Suburban for a specified 5.43 +/- acre portion of a parcel of land generally located on the east side of Slater Road approximately 1 mile north of Bayshore Road. MANAGEMENT RECOMMENDATION: Approve (#20070306 – Community Development)
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5:05 PM |
Public Presentation of Matters by Citizens |
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Adjourn |