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District #1 Bob Janes Vice Chair |
District #2 Douglas St. Cerny |
District #3 Ray Judah
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District #4 Tammy Hall Chairwoman |
District #5 John E. Albion |
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Donald D. Stilwell County Manager |
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David M. Owen County Attorney |
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October 3, 2006 |
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 in the Public Resources Office, 1st Floor, Administration Building
Additional information is available on the Internet at http://www.lee-county.com
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 Walter Still |
Peace Lutheran Church ELCA |
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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 Mental Health Awareness Week (#20061240 – Commissioner Janes) |
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CP 2 |
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Ceremonial Resolution recognizing Family History Month (#20061241 – Commissioner Hall) |
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CP 3 |
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Length of service awards (#20061213 – Human Resources) |
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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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9:30 AM |
Public Hearings |
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ACTION REQUESTED/PURPOSE: Conduct a Public Hearing to adopt a Resolution on Petition to Vacate a portion of a 80-foot wide IDD Canal Easement located at 1040 Averly St., south of Whiskey Creek Terrace, Ft. Myers (Case No. VAC2006-00028) (S15-T45S-R24E) (#2). WHAT ACTION ACCOMPLISHES: To legitimize a portion of the existing residence which was inadvertently permitted and constructed in the easement and to provide for construction of a new accessory garage within the easement. The vacation will not alter existing drainage conditions, however the easement is necessary to accommodate existing canal maintenance obligations and future drainage requirements. MANAGEMENT RECOMMENDATION: Do not approve. Public Works needs to retain easement for future drainage improvements. (#20061058 – Community Development)
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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 Easement centered on the common lot lines of (4) lots located at 1519 Gretchen Ave. S, Lehigh Acres (Case No. VAC2006-00037) (S4-T45S-R26E)(#5). WHAT ACTION ACCOMPLISHES: To build a commercial building 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 (#20061135 – Community Development)
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ACTION REQUESTED/PURPOSE: To adopt and enact an non-emergency ordinance to amend Lee County Ordinance 05-27, to authorize The Verandah East Community Development District to exercise special powers for parks (recreation) and security, to public hearing on October 3, 2006 at 9:30 a.m. WHAT ACTION ACCOMPLISHES: The Verandah East Community Development District has petitioned the Board of County Commissioners for consent to exercise special powers for parks (recreation) and security under F.S. §190.012(2)(a) and (d). MANAGEMENT RECOMMENDATION: Allows the Board to consider the petitioned request of The Verandah East Community Development District and provides a forum to evaluate the appropriateness of the request. (#20061201 – County Attorney) |
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Adjourn |
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October 3, 2006
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ACTION REQUESTED/PURPOSE: Accept Perpetual Beach Storm Damage Reduction Easement for Parcel 94 for the Gasparilla Island Beach Restoration Project No. 3023; authorize the Division of County Lands to handle and accept all documentation necessary; authorize necessary recording fees. WHAT ACTION ACCOMPLISHES: Secures permanent easements along Boca Grande on Gasparilla Island for the proposed beach renourishment project. MANAGEMENT RECOMMENDATION: Approve (#20061178 – County Lands)
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ACTION REQUESTED/PURPOSE: Accept Perpetual Beach Storm Damage Reduction Easement for Parcel 131 for the Gasparilla Island Beach Restoration Project No. 3023; authorize the Division of County Lands to handle and accept all documentation necessary; authorize necessary recording fees. WHAT ACTION ACCOMPLISHES: Secures permanent easements along Boca Grande on Gasparilla Island for the proposed beach renourishment project. MANAGEMENT RECOMMENDATION: Approve (#20061180 – County Lands)
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ACTION REQUESTED/PURPOSE: Accept Perpetual Beach Storm Damage Reduction Easement for Parcel 123 for the Gasparilla Island Beach Restoration Project No. 3023; authorize the Division of County Lands to handle and accept all documentation necessary; authorize necessary recording fees. WHAT ACTION ACCOMPLISHES: Secures permanent easements along Boca Grande on Gasparilla Island for the proposed beach renourishment project. MANAGEMENT RECOMMENDATION: Approve (#20061185 – County Lands)
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ACTION REQUESTED/PURPOSE: Request Board approve Interlocal Agreement with the City of Fort Myers Community Redevelopment Agency (CRA) to provide funding to Lee County Transit (LeeTran) in an amount not to exceed $65,000 for the Transfer Center Project located at the Edison Mall. WHAT ACTION ACCOMPLISHES: Provides up to $65,000 in funding from the CRA to LeeTran for the Transfer Center Project located at the Edison Mall. MANAGEMENT RECOMMENDATION: Approval (#20061202 – Transit)
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ACTION REQUESTED/PURPOSE: Accept Perpetual Beach Storm Damage Reduction Easement for Parcel 156 for the Gasparilla Island Beach Restoration Project No. 3023; authorize the Division of County Lands to handle and accept all documentation necessary; authorize necessary recording fees. WHAT ACTION ACCOMPLISHES: Secures permanent easements along Boca Grande on Gasparilla Island for the proposed beach renourishment project. MANAGEMENT RECOMMENDATION: Approve (#20061225 – County Lands)
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ACTION REQUESTED/PURPOSE: Approve and execute the Emergency Management Preparedness and Assistance (EMPA) Base Grant Agreement with the Florida Department of Community Affairs which provides a $102,959 grant to enhance the county’s emergency management program. Authorize three grant funded full-time employees. Approve Budget Amendment Resolution in the general fund for FY07 in the amount of $102,959. WHAT ACTION ACCOMPLISHES: Furnishes funding to improve the county’s emergency program in a manner consistent with the State Emergency Management Plan and supporting programs. MANAGEMENT RECOMMENDATION: Staff recommends approval of request. (#20061169 – Public Safety)
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ACTION REQUESTED/PURPOSE: Authorize the Chairman to execute an agreement with the Florida Department of Community Affairs. The agreement provides $10,384.00 in funding to support the maintenance of a federally mandated Hazardous Material Emergency Response Plan. Also, Approve Budget Amendment Resolution in the All-Hazard Fund for $10,384.00. WHAT ACTION ACCOMPLISHES: Allows the County to accept funding to support maintenance of the Lee County Hazardous Material Emergency Response Plan. MANAGEMENT RECOMMENDATION: Staff recommends approval. (#20061173 – Public Safety)
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ACTION REQUESTED/PURPOSE: Approve the Interlocal Agreement for a Roadway Lighting System Maintenance Agreement with the City of Bonita Springs on Livingston - Imperial Road. WHAT ACTION ACCOMPLISHES: Interlocal Agreement will outline the responsibilities for maintenance of the Roadway Lighting System on Livingston - Imperial Road. MANAGEMENT RECOMMENDATION: Approve Interlocal Agreement (#20061214 – Transportation)
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ACTION REQUESTED/PURPOSE: Approve final acceptance, by Resolution and recording of one (1) Utility Easement, as a donation of water distribution and gravity collection systems to provide potable water service, fire protection and sanitary sewer service to Belle Lago, Phase 2-F, 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 South Tamiami Trail. 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: Approval. (#20061192 – Utilities)
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ACTION REQUESTED/PURPOSE: Approve final acceptance, by Resolution and recording of one (1) Utility Easement, as donation of water main and gravity main extensions and twenty (20) 4” diameter fire lines to provide potable water service, fire protection and sanitary sewer service to Villagio, Phase 2 aka Gardens at Estero, Phase 2, a phased multifamily residential development. This is a developer contributed asset project located on the east side of Three Oaks Parkway approximately 3/4 mile north of Corkscrew Road. WHAT ACTION ACCOMPLISHES: Places the potable water and sanitary sewer facilities into operation and complies with the Lee County Utilities Operations Manual. MANAGEMENT RECOMMENDATION: Approval. (#20061193 – Utilities)
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ACTION REQUESTED/PURPOSE: Approve final acceptance, as a donation of one (1) 8’’ diameter fire line serving Alico Commercial Park, Lot 27 to provide fire protection to this recently constructed commercial building. This is a Developer Contributed asset project located on the south side of Drew Circle approximately 1,200’ south of Cam Court. 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. (#20061194 – Utilities)
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ACTION REQUESTED/PURPOSE: Approve final acceptance, by Resolution and recording of one (1) Utility Easement, as a donation of a water main extension to provide potable water service and fire protection to Tara Woods, Phase 3A, a phased residential development. This is a Developer Contributed asset project located on the southeast corner of North Tamiami Trail and Nalle Grade Road. 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. (#20061195 – Utilities)
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ACTION REQUESTED/PURPOSE: Award B-06-33 ALICO ROAD AND US 41 UTILITY RELOCATION, to the low bidder meeting all bidding requirements, Posen Construction, Inc., for a not to exceed Base Bid amount of $2,086,065.00 and Alternate Bid amount of $366,500.00, with a final project completion time of 318.5 days. Also, authorize Chairwomen to execute agreement on behalf of the Board upon receipt. This project is in the CIP and funds are available. WHAT ACTION ACCOMPLISHES: Construct approximately 3,000 feet of 36” and 3,000 feet of 16” water mains and provide utility adjustments to the proposed FDOT roadway work along Alico Road and US 41. MANAGEMENT RECOMMENDATION: Staff recommends approval (#20061256 – Utilities)
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ACTION REQUESTED/PURPOSE: Approve and execute (2) renewal agreements between 1) Lee County and the State Attorney, State of Florida Twentieth Judicial Circuit and 2) Lee County and the Public Defender, State of Florida Twentieth Judicial Circuit, for utilization of attorneys from their respective offices, and certain support staff. Approve and execute (1) new agreement between Lee County and the State Attorney, State of Florida Twentieth Judicial Circuit for newly created Criminal Justice Information (CJIS) positions and Expanded Criminal Case Management/Diversion Program positions. WHAT ACTION ACCOMPLISHES: Chapter 27, Florida Statutes, provides that the County may contribute additional funding for the State Attorney and the Public Defenders offices by contract. Approval of Agreements provides funding for enforcement of county ordinances by the State Attorney and defense by the Public Defender. MANAGEMENT RECOMMENDATION: Approve and execute Agreements. (#20061163 – County Attorney)
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Request Board approves disbursements. The check and wire registers can be reviewed on the 3rd floor of the County Administration Building. Florida Statute Chapter 136.06 (1) requires that all County disbursements be recorded in the Minutes of the Board. WHAT ACTION ACCOMPLISHES: Compliance with the requirements of FS 136.06 (1) MANAGEMENT RECOMMENDATION: Approve (#20061263 – 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 – Nash. 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 (#20061271 – 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 Locator Service for Black. 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 (#20061272 – Clerk of Court)
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October 3, 2006
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ACTION REQUESTED/PURPOSE: Direct proposed Board of County Commission sponsored amendments to the Lee County Comprehensive Plan, the Lee Plan, for the 2006/2007 amendment cycle. WHAT ACTION ACCOMPLISHES: In accordance with Administrative Code 13-6, an affirmative vote of three or more Commissioners is required to authorize Board of County Commission initiated Lee Plan amendments. MANAGEMENT RECOMMENDATION: Approve the list of proposed Lee Plan Amendments. (#20061278 – Community Development)
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ACTION REQUESTED/PURPOSE: Request BOCC adopt alignment for Del Prado Extension from US 41 to East of I-75 as described in the attached centerline description and exhibits. WHAT ACTION ACCOMPLISHES: Allows DOT to begin the design process, submit permit applications, and proceed with acquisition of any right of way necessary for construction of the project along this alignment when instructed by the Board. MANAGEMENT RECOMMENDATION: Approve (#20061167 – Transportation)
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ACTION REQUESTED/PURPOSE: Approve a Grant Agreement between the Sierra Club (National) and the Board of County Commissioners to challenge the issuance of the Federal Permit (under Section 404 of the Clean Water Act) and the final Environmental Impact Statement (“FEIS”) for the 16,000 acre “Ona” Phosphate Mine. WHAT ACTION ACCOMPLISHES: Provides Grant funding up to $150,000.00 to the Sierra Club to pursue legal action(s) concerning the issuance of the Section 404 Permit and FEIS for the “Ona” Mine. MANAGEMENT RECOMMENDATION: Consider approval of the Grant Agreement. (#20061244 – County Attorney)
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