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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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May 22, 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 Tony Cubello |
Branch of Life Christian Fellowship 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 Lee County Employees who have helped fight the Global War on Terrorism (#20070750 – Commissioner Janes) |
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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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Public Hearings |
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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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Recess until 5:00 PM |
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9:30 AM |
Public Hearings |
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ACTION REQUESTED/PURPOSE: Conduct a Public Hearing to adopt a Resolution on Petition to Vacate a 12-foot wide Public Utility and Drainage Easement located at 5204 and 5206 Blywood St., Lehigh Acres (Case No. VAC2007-00004) (S29-T44S-R26E) (#5). FUNDING SOURCE: No funding required. WHAT ACTION ACCOMPLISHES: Eliminates the PUE so as to allow a double car garage and circular driveway on the combined lots. The vacation of this easement will not alter existing utility or drainage conditions and the easement is not necessary to accommodate any future utility or drainage requirements. MANAGEMENT RECOMMENDATION: Approve (#20070628 – Community Development)
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ACTION REQUESTED/PURPOSE: Conduct a Public Hearing to adopt a Resolution on Petition to Vacate 12-foot wide Public Utility Easements located at 3403, 3405, 3407 and 3409 5th St. W. and 3400 Lee Blvd., Lehigh Acres (Case No. VAC2007-00006) (S26-T44S-R26E) (#5). FUNDING SOURCE: No funding required. WHAT ACTION ACCOMPLISHES: Eliminates the easement so that a commercial development can be constructed on the combined lots. The vacation of this easement will not alter existing utility conditions and the easement is not necessary to accommodate any future utility requirements. MANAGEMENT RECOMMENDATION: Approve (#20070578 – Community Development)
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ACTION REQUESTED/PURPOSE: Conduct a Public Hearing to adopt a Resolution on Petition to Vacate a portion of a 30-foot wide Platted Right-of-Way located at 6888 Hartland St., Fort Myers (Case No. VAC2007-00011) (S6-T45S-R25E) (#2). FUNDING SOURCE: No funding required. WHAT ACTION ACCOMPLISHES: Eliminates a portion of the Platted Right-of-Way so as to allow an auxiliary building to be built adjacent to the single-family residence on subject lot. The vacation of this right-of-way will not alter existing traffic or drainage conditions and the right-of-way is not necessary to accommodate any future traffic or drainage requirement. MANAGEMENT RECOMMENDATION: Approve (#20070646 – Community Development) |
May 22, 2007
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ACTION REQUESTED/PURPOSE: Approve an addition to the Pay Procedures Policy 503 of the Policy and Procedures Manual to provide a mechanism for the Clerk to pay employees in the event of a disaster which would prevent the use of the usual processing procedures. Adopt a resolution to amend Administrative Code AC-6-1 to reflect these changes. FUNDING SOURCE: None needed. WHAT ACTION ACCOMPLISHES: In case of a declared disaster by the Board and a state of Local Emergency, adoption of these procedures will allow the Clerk to process payroll so that employees may continue to receive their wages during the state of local emergency until the Clerk’s financial and timekeeping software has been restored and is available to fiscal personnel. Section 503 of the Policy and Procedures Manual would receive a new sub-section 503:4 (attached exhibit A). MANAGEMENT RECOMMENDATION: Approve (#20070713 – Administrative Services/HR)
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ACTION REQUESTED/PURPOSE: Authorize the amendments to the SHIP (State Housing Initiatives Partnership) affordable housing program contracts as follows: Lee County Housing Development Corp (LCHDC) - Contract C-2835 – extend from May 31, 2007 to June 30, 2007 Lee County Housing Development Corp (LCHDC) - Contract C-3467 – extend from May 31, 2007 to December 31, 2007 Bonita Springs Area Housing Development (BSHDC) - Contract C-3071 – extend from May 31, 2007 to June 30, 2007, and increase contract by $13,792 from $161,208 to $175,000. FUNDING SOURCE: Fund: SHIP Local Housing Assistance Program: Administration and Housing Assistance WHAT ACTION ACCOMPLISHES: Adapting to economic conditions and timely expenditures of funds. MANAGEMENT RECOMMENDATION: Approve (#20070717 – Community Development)
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ACTION REQUESTED/PURPOSE: Approve county fees as authorized Paragraph 4. c., of the “Contract Between Lee County Board of County Commissioners and State of Florida Department of Health for Operation of the Lee County Health Department Contract Year 2006-2007”. Fees would be effective July 1, 2007. WHAT ACTION ACCOMPLISHES: County fees established in 1994 are updated to reflect the current cost of providing services; other fees will reimburse the Lee County Health Department (LCHD) for services it provides. MANAGEMENT RECOMMENDATION: Recommend Approval (#20070719 – Human Services)
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ACTION REQUESTED/PURPOSE: 1) Approve submission of Lee County’s HUD Fiscal Year 2007 Homeless Continuum of Care and Supportive Housing applications; 2) Authorize Chairman to sign HUD Certifications, Forms, and HUD Consistency with Consolidated Plan Letters. FUNDING SOURCE: U.S. Department of Housing and Urban Development Grant WHAT ACTION ACCOMPLISHES: Allows Lee County to apply for funds to assist the county’s homeless. MANAGEMENT RECOMMENDATION: Approve (#20070725 – Human Services)
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ACTION REQUESTED/PURPOSE: Accept $700,000 in funding from the US Department of the Interior through the Federal Transit Administration for planning activities in coordination with the City of Sanibel and Ding Darling National Wildlife Refuge as proposed in the grant application and allow the Chair to execute an interlocal agreement between Lee County, City of Sanibel & Ding Darling Natural Wildlife Refuge. Adopt budget amendment resolution in the amount of $700,000 from awarded grant. WHAT ACTION ACCOMPLISHES: Accepts $700,000 in funding from FY 2006 appropriations for the Alternative Transportation in Parks and Public Lands Program and allows the Chair to execute an interlocal agreement to manage the grant. MANAGEMENT RECOMMENDATION: Approve (#20070695 – Transit)
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ACTION REQUESTED/PURPOSE: Approve: (1) Resolution authorizing conveyance of a non-exclusive Perpetual Easement on Lee County owned land to the State of Florida Department of Transportation for property located at the Southeast corner of Three Oaks and Estero Parkways, identified as Parcels 800-A, 800-B, 800-C, and 800-D, consisting of 25.207 acres, and further identified as STRAP No. 26-46-25-00-00001.2000 and Part of STRAP No. 26-46-25-00-00001.2010; (2) Purchase Agreement to sell the Perpetual Easement to the State of Florida DOT in the amount of $7,128,000, pursuant to the terms and conditions set forth in the agreement; (3) Joint Pond Use Agreement between the State of Florida DOT and Lee County; (4) Budget Amendment Resolution in the amount of $7,128,000, and amend the FY 2006/07-2010/11 CIP accordingly. Authorize: (1) Division of County Lands to handle and accept all documentation necessary to complete the transaction; (2) Lee County DOT staff to handle and execute all documentation relating to the SFWMD and ACOE permits in connection with the Joint Pond Use Agreement. FUNDING SOURCE: Revenue – Fund: Transportation Capital Improvement Fund; Program: Capital Project; Project: Estero Parkway Extension WHAT ACTION ACCOMPLISHES: The sale of an easement needed by the State of Florida DOT for drainage purposes to accommodate the widening of Interstate 75. Reimburses funds to the Estero Parkway Extension Project No. 5021. MANAGEMENT RECOMMENDATION: Approve (#20070702 – County Lands)
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ACTION REQUESTED/PURPOSE: Approve and execute a utility easement to Florida Power and Light Company for the Lee County Sheriff’s Evidence Storage Facility. Authorize Division of County Lands to handle all documentation necessary to complete the transaction. FUNDING SOURCE: Fund: New Jail and Evidence Facility Construction Bonds Program: Capital Projects; Project: Evidence Facility WHAT ACTION ACCOMPLISHES: Provides an easement for electric service to the Lee County Sheriff’s Evidence Storage Facility. MANAGEMENT RECOMMENDATION: Approve (#20070712 – County Lands)
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ACTION REQUESTED/PURPOSE: Approve Change Order # 4 to the contract with Casey Industrial Inc. (Lee Contract #3334) in an amount of $513,671.57 for additions and modifications to the ‘balance of plant’ construction services for the WTE expansion project. Total not-to-exceed price for this contract will become $32,702,419.52. FUNDING SOURCE: Solid Waste 2006 Revenue Bonds, Construction – CIP Program - WTE Expansion Project. WHAT ACTION ACCOMPLISHES: Provides for necessary changes and additions primarily for multiple piping and electrical systems on this project. MANAGEMENT RECOMMENDATION: Approve the requested action. (#20070657 – Solid Waste)
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ACTION REQUESTED/PURPOSE: Approve Amendment No. 3 to the Interlocal Agreement with Charlotte County for Solid Waste Collection and Disposal for Gasparilla Island (Lee Contract # 356) providing Lee County residents of Gasparilla Island use of Charlotte County ’s Mini-Transfer & Recycling facilities. FUNDING SOURCE: No Funds Required. WHAT ACTION ACCOMPLISHES: This amendment allows Lee County residents of Gasparilla Island access to Charlotte County’s Mini-Transfer and Recycling facilities. MANAGEMENT RECOMMENDATION: Approve (#20070716 – Solid Waste)
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ACTION REQUESTED/PURPOSE: Developer Contributed Asset: Approve final acceptance, by Resolution and recording of one (1) Utility Easement, as a donation of one fire hydrant, one 6’’ diameter fire line, one water service and one sewer service serving Gladiolus Preserve, Tract “F”, to provide potable water service, fire protection and sanitary sewer service to this recently constructed commercial building. This is a Developer Contributed asset project located on the southeast corner of Gladiolus Drive and Preserve Boulevard. 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. (#20070678 – Utilities)
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ACTION REQUESTED/PURPOSE: Developer Contributed Asset: Approve construction of a water main extension serving San Carlos Center, Phase 1, to provide potable water service and fire protection to this proposed commercial development. This is a Developer contributed asset project located on the northwest corner of Kelly Road and San Carlos Boulevard. 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. (#20070679 – Utilities)
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ACTION REQUESTED/PURPOSE: Direct a non-emergency ordinance creating the Mirada Community Development District to public hearing on Tuesday, June 26, 2007, at 9:30 AM or as soon thereafter. FUNDING SOURCE: N/A WHAT ACTION ACCOMPLISHES: Allows response to Mirada Real Estate Development, LLC, f/k/a Ascot Preserve, LLC’s petition by providing a forum to evaluate the appropriateness of the request. If adopted, the ordinance will create an independent Special District capable of financing and servicing the basic services within the District boundary. MANAGEMENT RECOMMENDATION: Approve (#20070661 – County Attorney)
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ACTION REQUESTED/PURPOSE: Authorize Chairman to execute a County Deed for the purpose of correcting an erroneous Tax Deed and restoring title to the proper owner. FUNDING SOURCE: N/A WHAT ACTION ACCOMPLISHES: Corrects erroneous Tax Deed and restores title of property to proper owner. MANAGEMENT RECOMMENDATION: Approve (#20070671 – County Attorney)
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ACTION REQUESTED/PURPOSE: Authorize Chairman to execute a County Deed for the purpose of correcting an erroneous Tax Deed and restoring title to the proper owner. FUNDING SOURCE: N/A WHAT ACTION ACCOMPLISHES: Corrects erroneous Tax Deed and restores title of property to proper owner. MANAGEMENT RECOMMENDATION: Approve (#20070672 – County Attorney)
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ACTION REQUESTED/PURPOSE: Approve and authorize execution and recording of an Agreement between Marsh Landing at Estero Homeowners Association, Inc., the Lee County Sheriff and the County for the exercise of County jurisdiction over certain roads within Marsh Landing at Estero for traffic control purposes. FUNDING SOURCE: No funds required. WHAT ACTION ACCOMPLISHES: An Agreement for the County’s exercise of jurisdictional control over roadways must be approved and executed by the Board pursuant to Florida Statute. MANAGEMENT RECOMMENDATION: Approve Agreement. (#20070694 – County Attorney)
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ACTION REQUESTED/PURPOSE: Accept warranty deeds for turn lanes and roundabout segments along Sandy Lane/Via Coconut Point, within construction Phase II between Williams Road and Corkscrew Road, from Stephanie Miller, Trustee. Authorize the County Attorney’s Office to accept and record documents related to the right-of-way transaction. FUNDING SOURCE: N/A WHAT ACTION ACCOMPLISHES: Acceptance and approval of the deeds satisfies requirements related to the transfer of land to support construction of Sandy Lane in accordance with the Coconut Point DRI Development Order and Development Agreement. MANAGEMENT RECOMMENDATION: Approve (#20070722 – County Attorney)
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ACTION REQUESTED/PURPOSE: Accept warranty deeds for turn lanes and roundabout segments from Stephanie Miller, Trustee; approve road impact fee credits in the amount of $103,700 related to Parcel S2-6 and, $36,500 for Parcel S2-7; authorize the County Attorney’s Office to accept and record documents related to the right-of-way transaction. FUNDING SOURCE: Fund/Road Impact Fees South Fort Myers/San Carlos; Project/Capital Projects; Project/Sandy Lane Extension. WHAT ACTION ACCOMPLISHES: Acceptance and approval of the deeds satisfies requirements related to the transfer of land to support construction of Sandy Lane in accordance with the Coconut Point DRI Development Order and Development Agreement. MANAGEMENT RECOMMENDATION: Approve (#20070723 – County Attorney)
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ACTION REQUESTED/PURPOSE: Accept Slope/Restoration Easements from Estero North Point, Ltd., Stephanie Miller, Trustee, DMM Development, LLC and Christ Community Ministries, Inc. necessary to support Sandy Lane right-of-way located between Williams Road and Corkscrew Road. FUNDING SOURCE: N/A WHAT ACTION ACCOMPLISHES: Provides the easements to support Sandy Lane right-of-way as constructed. Acceptance of these easements is a necessary precursor to the property owners’ intent to turn Sandy Lane over to the County for maintenance. MANAGEMENT RECOMMENDATION: Approve (#20070724 – County Attorney)
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ACTION REQUESTED/PURPOSE: Request Board of County Commissioners approve payment of Delinquent Tax overbid money to the claimant. 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 (#20070720 – 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. 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 (#20070733 – 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) (#20070734 – Clerk of Court)
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ACTION REQUESTED/PURPOSE: Approve the Minutes for the following meetings of the Board of County Commissioners held for the week of May 7th through May 11th, 2007: May 7, 2007 (Management & Planning) May 8, 2007 (Regular Meeting) May 10, 2007 (Board Issues) FUNDING SOURCE: Not Applicable. WHAT ACTION ACCOMPLISHES: Approval of the Board Minutes, pursuant to Florida Statute 286.011 MANAGEMENT RECOMMENDATION: Approve (#20070749 – Minutes)
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May 22, 2007
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ACTION REQUESTED/PURPOSE: Approve Transfer from Government Communications Network (GCN) Reserves in the amount of $391,109 to purchase replacement components for the 800 MHz radio system for a period of two years covering through FY07/08. FUNDING SOURCE: General Fund/Public Safety-GCN Reserves WHAT ACTION ACCOMPLISHES: Replaces obsolete and worn out major components to the 800 Mhz radio system before they fail and shut down the radio system. Provides secondary connectivity to remote radio sites and backup radio communications to 911 dispatch centers. MANAGEMENT RECOMMENDATION: Approve (#20070585 – Public Safety)
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ACTION REQUESTED/PURPOSE: Approve the Amended Resolution of Necessity for the acquisition and condemnation of parcels required for the Plantation Road Extension Project, No. 4065. FUNDING SOURCE: No funds required. WHAT ACTION ACCOMPLISHES: Allows the County to proceed with condemnation, if necessary, so parcels can be acquired for the Plantation Road Extension Project, No. 4065. MANAGEMENT RECOMMENDATION: Approve (#20070382 – County Attorney)
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Walk On |
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ACTION REQUESTED/PURPOSE:
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Walk On |
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ACTION REQUESTED/PURPOSE:
Ceremonial Resolution recognizing EMS Week| |
PUBLIC AGENDA
May 22, 2007
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5:00 PM |
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No Items Received |
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5:05 PM |
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Public Hearing |
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ACTION REQUESTED/PURPOSE: Conduct second public hearing; adopt an ordinance pertaining to Greater Pine Island Planning Community and amending Lee County Land Development Code (LDC) Chapters 2, 10, 14, 30, 33, and 34. FUNDING SOURCE: WHAT ACTION ACCOMPLISHES: Satisfies the Board policy to hold two public hearings to amend the LDC. If adopted, the regulations will establish development standards specifically applicable to the Greater Pine Island Planning Community. MANAGEMENT RECOMMENDATION: Approve (#20070729 – County Attorney)
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5:05 PM |
Public Presentation of Matters by Citizens |
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Adjourn |