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AUGUST 19, 2014
The
Regular Meeting
of the
was held on this date with the
following Commissioners present:
Presbyterian Church gave the Invocation, followed by the Pledge of Allegiance.
PRESENTATIONS
Commissioner Manning read and presented a Ceremonial Resolution Presentation recognizing the WATCH
“
Top Dog Recipient
” for his guidance to the students, commitment to the program, and positive impact on
children in the community, accepted the award, briefly described the Program and expressed appreciation to
the Board for the recognition.
(#20140450-
Commissioner Manning)
HR Generalist Shawn Fournier, presented Length of Service Awards for the 2nd Quarter of 2014 (Please
refer to Agenda for a listing of the employees recognized.)
(#20140372-
County Commissioners)
ANNOUNCEMENTS
Referring to the Revised
Agenda Recap
Sheet dated August 18, 2014, the Chairman announced
that:
Item 3 should be added back to the agenda and heard following discussions of items pulled by the
Commissioners. Commissioner Manning moved approval, seconded by Commissioner Hamman, called and
carried.
Item 31: The following clarification language should be added to Section 5(B) (1) and (2) of the
proposed Ordinance:
1(a): “The volume of the noise, and whether it is loud or quiet, and whether it can be plainly heard
from the receiving land”.
2…”Whether or not a noise disturbance exists by the Sheriff’s Office personnel on the scene.
Determination must be made from the receiving land, after locating the sound source, by the Sheriff’s Office
personnel using his/her auditory senses, where applicable, without the use of any hearing enhancement or hearing
aid”. Commissioner Mann moved approval, seconded by Commissioner Manning, called and carried.
One Walk-on Item would be taken at the appropriate time.
from the agenda due to ongoing settlement negotiations. Commissioner Manning moved approval to remove the
item from the agenda, seconded by Commissioner Hamman, called and carried.
9:30 A.M. AGENDA ITEM
- Public Comment on Agenda Items
Consent (C) and Administrative (A)
The Chairman called for public comment, and the following individual came forward:
Hyman and brief Board discussion ensued.
The following are the Consent Agenda items that each Board member wished to have discussed:
APPROVED MINUTES OF 081914R
2
Commissioner Kiker – None
Commissioner Hamman - Item 5, Item 25
Commissioner Pendergrass – None
Commissioner Manning - Item 1
Commissioner Mann - Item 20
County Manager
AGENDA ITEMS
1.
Use $277,330 of Court Administration reserves to fund Dept. of Juvenile Justice budget
shortfall:
Approve a budget amendment of $277,330 to cover a budget shortage due to a rate
budget transfer
request of $277,330 from reserves of Administrative Office of the Courts to fund the shortfall. The
July 1, 2014 rate is $2,320,554 annually. This is an increase of $902,867 from the 2013 rate.
(#20140414-
COUNTY MANAGER)
PULLED FOR DISCUSSION
Commissioner Manning reviewed Florida Department of Juvenile Justice (DJJ) requests over the past years and
noted his concerns regarding the equity and fairness of the current request. The Chairman called for public input
and the following individual commented:
At the request of the Chair, County Manager Roger Desjarlais and Assistant County Manager addressed Mr.
Hyman’s concerns. Following discussion by the Board, Commissioner Mann moved approval, seconded by
Commissioner Pendergrass, called and carried.
RESOLUTION NO. 14-08-16
2.
Reports $40,602.79 of FY13-14 third quarter expenditures for County sponsored functions:
Ordinance #90-18.
(#20140435-
COUNTY MANAGER)
Commissioner Manning moved approval, seconded by Commissioner Hamman, called and carried.
3.
Commit
$240,000
business incentive package for economic development project:
Provides a competitive financial incentive package for the expansion of an out-of-state corporate
annual wage in excess of $55,000 and a proposed $600,000 capital investment. Funding will come
from the $1.5 million General Fund reserve account exclusively for economic incentives.
(#20140447-
ECONOMIC DEVELOPMENT)
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING THE CHAIRMAN ANNOUNCED
THAT: Item #3 would be added back to the Agenda and heard by the Board following discussion of items pulled
by the Commissioners. Commissioner Manning moved approval, seconded by Commissioner Hamman, called
and carried.
Assistant to the County Manager Glen Salyer addressed the Board, briefly summarized the proposed economic
package, and reviewed a
advised that after reviewing the submitted documentation, it was his recommendation to move forward, subject to
and contingent upon receipt of a Letter of Credit and two (2) additional documents. In order to expedite the
project and pursuant to a request of the City of Bonita Springs, Mr. Wesch requested Board approval for authority
to review and execute the completed documentation on the Board’s behalf. The Chairman called for public
comment and no individuals came forward. Economic Development Manager Brent Barkway detailed the
project, identified the corporation as The Camuto Group, a fashion footwear design, marketing and retailing
company, and responded to Board questions and commentary. Commissioner Mann moved approval, seconded
by Commissioner Manning, called and carried.
RESOLUTION NO. 14-08-17
4.
services:
Authorizes staff to negotiate and award annual contracts with two consulting firms:
CliftonLarsonAllen, LLP
and
, to provide the County with financial
auditing services on an as needed basis for a contract period of 3 years with an option to renew for
2 additional one-year periods, upon mutual agreement of both parties. CliftonLarsonAllen, LLP is
APPROVED MINUTES OF 081914R
3
being awarded the Board of County Commissioners and Clerk of Courts section, and Tuscan &
Company, P.A. is being awarded the Constitutional Officers section. Annual spend for these
services has averaged $499,000 per year. Funds are budgeted in the FY14-15 General Fund
budget.
(#20140460-
COUNTY MANAGER)
Commissioner Manning moved approval, seconded by Commissioner Hamman, called and carried.
5.
Consider resolution supporting the Florida Water and Land Conservation ballot initiative:
Expresses BoCC support for the proposed Water and Land Conservation Amendment to the State
constitution (otherwise known as “Amendment 1”).
(#20140461-
COUNTY MANAGER)
PULLED FOR DISCUSSION
The Chairman called for public comment and the following individuals came forward:
representing Responsible Growth Management Coalition
Carl Veaux,
representing Audubon of SWFL/Responsible Growth Management Coalition
Pete Quasius,
representing Audubon of the Western Everglades
representing the Conservancy of SWFL
representing the Audubon FL
Commissioner Hamman stated that although he would not support the resolution, he would back the initiative
after it has been approved. Following statements in support of the revised resolution by Commissioners Mann,
Kiker, Pendergrass and Manning, Commissioner Manning moved approval, seconded by Commissioner
Pendergrass, called and carried with Commissioner Hamman voting nay.
RESOLUTION NO. 14-08-18
Construction and Design
6.
Award $307,575 contract to
Brittania Electric
to retrofit Public Safety’s back-up generator
system:
Approves award of B-140095 pertaining to Retrofit Public Safety’s Generator Switch
Gear at a total cost of $307,575. Provides for the transition/transformation of the generator switch
gear from a manual operation to an automatic mode. This action will allow for a more efficient
Safety Emergency operations in case of a power failure. Funding is available with
transfer
from E-
911 fund reserves.
(#20140334-
CONSTRUCTION AND DESIGN)
Commissioner Manning moved approval, seconded by Commissioner Hamman, called and carried.
County Lands
7.
Authorize $1,000 binding offer for the Homestead Rd. Widening Project (Sunrise Blvd–
This item authorizes staff to make a
binding offer for the purchase of Parcels 221
(±91 sq. ft. fee-simple interest) and 221PE (±108 sq. ft. perpetual easement)
, from an improved
residential property, which are necessary for the Homestead Road Widening Project No. 5063.
Construction of this 2.26 mile widening project is planned for the 2015-2016 fiscal year. Funding
for purchase is budgeted in the 2013-2014 CIP from Road Impact Fees in the Central District.
(#20140405-
COUNTY LANDS)
Commissioner Manning moved approval, seconded by Commissioner Hamman, called and carried.
8.
Authorize $1,500 binding offer for the Homestead Rd. Widening Project (Sunrise Blvd–
This item authorizes staff to make a binding offer for the purchase of Parcels 224
(±320 sq. ft. fee-simple interest) and 224PE (±320 sq. ft. perpetual easement), from an improved
residential property, which are necessary for the Homestead Road Widening Project No. 5063.
Construction of this 2.26 mile widening project is planned for the 2015-2016 fiscal year. Funding
for purchase is budgeted in the 2013-2014 CIP from Road Impact Fees in the Central District.
(#20140406-
COUNTY LANDS)
Commissioner Manning moved approval, seconded by Commissioner Hamman, called and carried.
9.
Authorize $2,500 binding offer for the Homestead Rd. Widening Project (Sunrise Blvd–
APPROVED MINUTES OF 081914R
This item authorizes staff to make a binding offer for the purchase of Parcels 227
(±320 sq. ft. fee-simple interest) and 227PE (±320 sq. ft. perpetual easement), from an improved
residential property, which are necessary for the Homestead Road Widening Project No. 5063.
Construction of this 2.26 mile widening project is planned for the 2015-2016 fiscal year. Funding
for purchase is budgeted in the 2013-2014 CIP from Road Impact Fees in the Central District.
(#20140407-
COUNTY LANDS).
Commissioner Manning moved approval, seconded by Commissioner Hamman, called and carried.
10.
Authorize $2,500 binding offer for the Homestead Rd. Widening Project (Sunrise Blvd–
This item authorizes staff to make a binding offer for the purchase of Parcels 228
(±320 sq. ft. fee-simple interest) and 228PE (±320 sq. ft. perpetual easement), from an improved
residential property, which are necessary for the Homestead Road Widening Project No. 5063.
Construction of this 2.26 mile widening project is planned for the 2015-2016 fiscal year. Funding
for purchase is budgeted in the 2013-2014 CIP from Road Impact Fees in the Central District.
(#20140409-
COUNTY LANDS)
Commissioner Manning moved approval, seconded by Commissioner Hamman, called and carried.
11.
Authorize $2,500 binding offer for the Homestead Rd. Widening Project (Sunrise Blvd–
This item authorizes staff to make a binding offer for the purchase of Parcels 229
(±320 sq. ft. fee-simple interest) and 229PE (±320 sq. ft. perpetual easement), from an improved
residential property, which are necessary for the Homestead Road Widening Project No. 5063.
Construction of this 2.26 mile widening project is planned for the 2015-2016 fiscal year. Funding
for purchase is budgeted in the 2013-2014 CIP from Road Impact Fees in the Central District.
(#20140410-
COUNTY LANDS)
Commissioner Manning moved approval, seconded by Commissioner Hamman, called and carried.
12.
Authorize $2,500 binding offer for the Homestead Rd. Widening Project (Sunrise Blvd–
This item authorizes staff to make a binding offer for the purchase of Parcels 230
(±320 sq. ft. fee-simple interest) and 230PE (±320 sq. ft. perpetual easement), from a vacant
residential property, which are necessary for the Homestead Road Widening Project No. 5063.
Construction of this 2.26 mile widening project is planned for the 2015-2016 fiscal year. Funding
for purchase is budgeted in the 2013-2014 CIP from Road Impact Fees in the Central District.
(#20140411-
COUNTY LANDS)
Commissioner Manning moved approval, seconded by Commissioner Hamman, called and carried.
13.
Authorize $7,500 binding offer for the Homestead Rd. Widening Project (Sunrise Blvd–
This item authorizes staff to make a binding offer for the purchase of Parcels
233A&B (±778 sq. ft. fee-simple interest) and 233PE1&2 (±561 sq. ft. perpetual easement), from
an improved residential property, which are necessary for the Homestead Road Widening Project
No. 5063. Construction of this 2.26 mile widening project is planned for the 2015-2016 fiscal
year. Funding for purchase is budgeted in the 2013-2014 CIP from Road Impact Fees in the
Central District.
(#20140438-
COUNTY LANDS)
Commissioner Manning moved approval, seconded by Commissioner Hamman, called and carried.
Human Services
14.
Amend Administrative Code 15-7 regarding Indigent Cremation/Burial Policies &
Procedures:
Revises Administrative Code (AC) 15-7 regarding Indigent Cremation/Burial
Policies & Procedures to be consistent with current Florida Statute which defines the County's
responsibility to provide for burial of indigents.
(#20140380-
HUMAN SERVICES)
Commissioner Manning moved approval, seconded by Commissioner Hamman, called and carried.
RESOLUTION NO. 14-08-19
15.
Accept $100,000 federal Housing Opportunity for People With Aids grant:
To provide case management, housing stabilization and assistance to income eligible individuals
and families with AIDS or HIV+ from July 1, 2014 through June 30, 2015.
(#20140427-
HUMAN
SERVICES)
4
APPROVED MINUTES OF 081914R
Commissioner Manning moved approval, seconded by Commissioner Hamman, called and carried.
RESOLUTION NO. 14-08-20
16.
Accept $31,453 Truancy Assistance Program grant through the Florida Dept. of Juvenile
Justice:
Services to provide case management services for the Truancy Assistance Program (TAP) for a
second year. TAP’s overall goals are to increase student attendance, engage youth in activities in
the community, and potentially divert youth away from entering into the judicial system.
(#20140436-
Commissioner Manning moved approval, seconded by Commissioner Hamman, called and carried.
RESOLUTION NO. 14-08-21
Public Resources
17.
Close MSBU – South Pebble/Broken Arrow Paving debt fund:
Approve Budget Amendment Resolutions and
transfer of funds
as required in order to close the
debt fund for Municipal Service Benefit Unit - South Pebble/Broken Arrow Paving.
(#20140377-
PUBLIC RESOURCES)
Commissioner Manning moved approval, seconded by Commissioner Hamman, called and carried.
RESOLUTION No’s.
14-08-22
and
14-08-23
18.
Delete Cable Television Right-of-Way Permit Fees from the External Fees Manual:
External Fee 21-12 Cable Television Right-of-Way Permit Fee is no longer charged based on
Legislature enacted the Consumer Choice Act providing for a Statewide franchise for cable and
video service providers and ended local government authority to negotiate franchise agreements.
(#20140378-
PUBLIC RESOURCES)
Commissioner Manning moved approval, seconded by Commissioner Hamman, called and carried.
Procurement Management
19.
Select vendors for office supplies purchases estimated at $400,000 annually:
Approves award of the Proposal for the Annual Purchase of Office Supplies and a County-wide
expenditure of $400,000 for these supplies. Concur with the selection and ranking by the Proposal
Evaluation Committee under Project RFP140256 ANNUAL PURCHASE OF OFFICE SUPPLIES
as follows: Number 1 – Staples Contract & Commercial, Inc. operating as Staples Advantage;
Contract & Commercial, Inc. operating as Staples Advantage at the prices listed on the attached
Procurement Management, with County Administration approval, the authority to negotiate
periods; and to exercise the price escalator clauses as per the specifications on an as-needed basis.
Approve an estimated annual expenditure for office supplies of $400,000. Funding is available in
various department/division budgets.
(#20140425-
PROCUREMENT MANAGEMENT)
Commissioner Manning moved approval, seconded by Commissioner Hamman, called and carried.
20.
Award annual contracts to 33 consulting firms for Miscellaneous Professional Services:
Authorizes staff to negotiate and award annual contracts with:
Agnoli, Barber & Brundage, Inc.
;
;
;
;
Barraco and Associates, Inc.
;
Cardno, Inc.
;
CDM Smith, Inc.
;
;
CH2M Hill Engineers, Inc.
;
;
Conestoga-Rovers &
Associates, Inc.
;
CPH, Inc.
;
;
;
;
; Hazen and Sawyer
Environmental Consultants, Inc. (later corrected to
Hazen and Sawyer, P.C.
);
Inc.
;
;
;
KCCS, Inc.
;
Kimley-Horn and Associates,
Inc.
;
;
;
RWA, Inc.
;
Stantec Consulting Services, Inc.
;
Tetra Tech, Inc.
;
T.K.W. Consulting Engineers,
Inc.
;
Trebilcock Consulting Solutions, P.A.
;
T.Y. Lin International;
and,
P.A.
, (29 of the 33 firms are local). The firms will be available to provide the County with
APPROVED MINUTES OF 081914R
5
6
professional services on an as needed basis for a contract period of 2 years commencing on
October 23, 2014. Services to be provided include: Public Involvement Program, Engineering &
Land Surveys, Geotechnical Services, Environmental Inventory and Impact Summary, Traffic
Data, Roadway and Bridge Plans, Utility Relocation Plans, Right-of-Way Plans, Signalization and
Street Lighting Plans, Signing and Pavement Marking Plans, Permits, Final Bidding and Contract
Documents, Advisory Services during bidding, Construction Contract Administration and
Inspection Services, Miscellaneous Services, and Watershed Studies and Stormwater
Improvements. Funds will be available within specific project budgets.
(#20140348-
PROCUREMENT MANAGEMENT)
PULLED FOR DISCUSSION:
Procurement Management Director Bob Franceschini responded to questions by Commissioner Mann regarding
the process used for awarding annual contracts and the method for monitoring. The Chairman called for public
comment and there were no participants. Commissioner Mann moved approval, seconded by Commissioner
Manning, called and carried.
21.
Use State’s merchant services contract for electronic payment acceptance. (estimated
$750,000/yr.):
Financial Services Division of Treasury Merchant Services contract effective 6/12/2013 to
6/11/2018 for acceptance of credit cards, charge cards and other electronic payments. The State of
The estimated annual fee is
$750,000.00. Funds will be available from the individual department or division’s budget.
(#20140393-
PROCUREMENT MANAGEMENT)
Commissioner Manning moved approval, seconded by Commissioner Hamman, called and carried.
22.
Extend ITG Outsourcing Services contract for two years at $6,960,170.64 per year:
Approve a two year extension to the current ITG Outsourcing Services contract at an annual cost
of $6,960,170.64. Approves an amendment to RFP-09-09, Contract No. 4999 – Master Services
Atos IT
Solutions and Services, Inc. fka Atos Origin, Inc.
to exercise the option to extend and renewal the
contract for two additional one year periods at an annual cost of $6,960,170.64. Grand total cost
for the two year extension: $13,920,341.28. The new contract expiration date will be February
23, 2017. As a condition of renewing the contract, Atos Origin has agreed to waive its right to
apply a COLA increase on fees during the additional terms, resulting in a savings to the County of
up to approximately $630,000. This expenditure will be funded in the KC5133051500-503190
and KC5162851500-503190. Also approve and consent to a Material Subcontract agreement
(#20140441-
Commissioner Manning moved approval, seconded by Commissioner Hamman, called and carried.
Transit
23.
Approve an increase in annual expenditures from $125,000 to $200,000 under the existing waiver
needed to maintain a larger fleet of Gillig buses than the previous inventory. This Waiver was
approved by the Board on September 13, 2011 with an annual expenditure amount of $125,000.
Presently, 100% of the bus fleet is Gillig; the increase is necessary to cover annual repair parts and
purchase requirement will bring the amount spent annually over the approved limit; for that reason
approval of this increase is requested. Funding is available in FY13-14 budget in Transit Fixed
Route, Operating Fund, and Vehicle Repair Parts.
(#20140442-
TRANSIT)
Commissioner Manning moved approval, seconded by Commissioner Hamman, called and carried.
Sports Development
24.
Approve $222,000 expenditure for hosting the 2014 North American Roller Hockey
APPROVED MINUTES OF 081914R
7
Championship:
Approve after the fact expenditures of $222,000 for expenses related to hosting
the 2014 North American Roller Hockey Championship (
NARCh)
July 11-27, 2014.
NARCh
is the world’s largest roller hockey tournament. Approximately 300
teams representing more than 8 countries stayed in our community over the 17-day competition
generating an estimated $6 million in direct visitor expenditures and 12,000 hotel room nights.
Funding is available in the Sports Development FY13/14 operating budget. (The Florida Sports
(#20140445-
SPORTS DEVELOPMENT)
Commissioner Manning moved approval, seconded by Commissioner Hamman, called and carried.
Facilities Services
25.
Increase Annual Expenditure Amount for Elevator Maintenance from $220,000 to $300,000:
This item requests an increase to the annual expenditure amount for elevator maintenance under
project PB130540 (Originally approved by the Board on 8/20/13), to Kone, Inc., be increased
from $220,000.00 to $300,000.00 to allow for funding for CIP Increases, the addition of any new
facilities or unexpected elevator repairs. This is a piggyback to U.S. Communities Contract No.
08-115 with Kone, Inc. Funds are available from various department/division funding sources.
(#20140413-
FACILITIES SERVICES)
PULLED FOR DISCUSSION
At Commissioner Manning’s request, County Manager Roger Desjarlais summarized the request, and Facilities
Management Director Rich Beck briefly reviewed the current contract noting that it was approved by the Board
last year for a five-year term. In response to questions by the Board, Mr. Beck reiterated that the request was not
for a contract renewal, but was to add the cost of three (3) elevators to the existing contract. The Chairman called
for public comment and the following individuals came forward:
County Manager Roger Desjarlais requested Board approval to defer the item for further review. Commissioner
Manning moved approval for deferral to the September 2, 2014 regular BoCC meeting, seconded by
Commissioner Pendergrass, called and carried.
Natural Resources
26.
Accept delegation of Sanibel’s water well construction permitting and inspection activities:
Provides for delegation of water well construction permitting and inspection in the
program permitting and inspection services will cause a negligible effect on staff resources and no
increase to operating expenses.
(#20140422-
NATURAL RESOURCES)
Commissioner Manning moved approval, seconded by Commissioner Hamman, called and carried.
Public Safety
27.
Change a Corkscrew Shores Subdivision street name from “Court” to “Parkway”:
Approval of this action will change the street type on a planned street within the Corkscrew
shall be extended beyond its original plan and will no longer be considered a Court. This change
will not affect any current businesses or residents as this subdivision is currently under
development in Estero.
(#20140400-
PUBLIC SAFETY)
Commissioner Manning moved approval, seconded by Commissioner Hamman, called and carried.
RESOLUTION NO. 14-08-24
28.
Award ground medical transport billing services agreement to PST Services for $800,000
per year:
Approves award of the Proposal for Ground Medical Transport Billing Services for
Public Safety and an annual expenditure of $800,000 for these services. Concur with the selection
and ranking by the Proposal Evaluation Committee under Project RFP140350 GROUND
APPROVED MINUTES OF 081914R
8
MEDICAL TRANSPORT BILLING SERVICES for Public Safety as follows: Number 1 –
PST
Services, Inc.
Total Proposed Fee of 3.25% and a Medicaid Flat Rate Fee of $8.50. Approve the initial term of
this proposal of three years and grant Procurement Management, with County Administration
County for two additional one year periods. Approve an estimated annual expenditure for ground
medical transport billing services of $800,000. Funding is available in F5260100100.503190.737.
(#20140443-
PUBLIC SAFETY)
Commissioner Manning moved approval, seconded by Commissioner Hamman, called and carried.
Transportation
29.
Hire Consultant for Improvements at Six Mile Cypress Parkway and Metro Parkway
($130,330.00):
This item secures a consultant for the engineering services necessary for the
design and permitting of an additional westbound to southbound left turn lane to be constructed
within the existing grassed median, including the design of any necessary drainage modifications
to accommodate the new lane construction. Design work under this STA also includes signal
modifications and if necessary, the design of a mast arm replacement at the northwest corner of
the intersection. Funding for this design will come from local option gas taxes and budget is
The preliminary construction estimate for this project is $450,000 but that will be refined during
the design process.
(#20140399-
TRANSPORTATION)
Commissioner Manning moved approval, seconded by Commissioner Hamman, called and carried.
County Attorney
30.
Set public hearing to amend Ordinance No. 13-08 concerning use of golf carts on Pine
Island:
Will satisfy the statutory requirement to hold a public hearing to adopt an Ordinance. If
carts in accordance with §316.212(1), Florida Statutes and amend an erroneous road segment
listed in the attached exhibit to the original Ordinance. The amendment will add or authorize
additional golf cart operation/use on the West side of Stringfellow Road, between the Jug Creek
bridge and Boyce Drive (and remove an erroneous reference to a segment of North Road, from
Stringfellow Road to 7th Street). Recommended public hearing date is September 2, 2014 at 9:30
a.m., or as soon thereafter as may be approved.
(#20140432-
COUNTY ATTORNEY)
Commissioner Manning moved approval, seconded by Commissioner Hamman, called and carried.
31.
Will satisfy the statutory requirement to hold a public hearing to adopt an ordinance. If adopted,
address constitutional issues raised in recent case law. The proposed ordinance will also provide
additional definitions; a clear delineation of enforcement procedures (including sound level
measurement standards); an additional standard for determining noise disturbances; the removal of
exceptions so that the ordinance applies uniformly to all noise; authority to the County Manager to
consider and approve waivers in certain limited circumstances; and authority to the Hearing
Examiner to hear appeals of waiver denials. The decibel level limits set by the current noise
ordinance are remaining the same. Recommended public hearing date is September 2, 2014 at
9:30 a.m., or as soon thereafter as may be approved.
(#20140439-
COUNTY ATTORNEY)
DURING THE ANNOUNCEMENTS PORTION OF THE AGENDA, THE CHAIRMAN ANNOUNCED:
THAT: the following language would be added to Section 5(B) (1) and (2) of the proposed Ordinance:
1(a): “The volume of the noise, and whether it is loud or quiet, and whether it can be plainly heard from
the receiving land”.
2. …Whether or not a noise disturbance exists by the Sheriff’s Office personnel on the scene.
Determination must be made from the receiving land, after locating the sound source, by the Sheriff’s Office
personnel using his/her auditory senses, where applicable, without the use of any hearing enhancement or hearing
aid”. Commissioner Mann moved approval, seconded by Commissioner Manning, called and carried.
APPROVED MINUTES OF 081914R
9
The Chairman called for public input and the following individual commented:
Following Board discussion and commentary, Commissioner Mann moved approval, seconded by Commissioner
Manning, called and carried.
32.
million):
$31,000,000.00 to consolidate and refinance outstanding indebtedness related to the acquisition of
a noncommercial radio broadcasting station, WAJY-FM now known as WNPS-FM. The radio
station is a 501c3 entity and a not for profit organization. Approval of the Resolution is required
by Internal Revenue Code and Florida Statutes. Originally, the Board approved a bond issue in an
amount not to exceed $4,200,000.00. The current bond issue consolidates and refinances three
amount of $4,495,000, the Series 2012 for $4,200,000 and a promissory note in the amount of
$750,000. The Board will not have any economic, financial or other liability or responsibility for
the bonds.
(#20140424-
COUNTY ATTORNEY)
Commissioner Manning moved approval, seconded by Commissioner Hamman, called and carried.
RESOLUTION NO. 14-08-25
33.
Expend $69,200 to settle the eminent domain case of
.:
Weiman, et al., Parcel 129 (Burnt Store Road Widening Project) in the amounts of $16,950.00 for
appellate attorney’s fees and $52,250.00 for expert fees and court costs, for a total of $69,200.00.
(#20140386-
COUNTY ATTORNEY)
The Chairman called for public comment and the following individual came forward:
Commissioner Manning moved to defer the item to a date certain Public Hearing on September 2, 2014 at 9:30
a.m., in Commission Chambers, seconded by Commissioner Hamman, called and carried.
Constitutional Officers
34.
Approve and record County
disbursements
Florida Statute Chapter 136.06(1) requires that all County disbursements be recorded in the
Minutes of the Board. This is for the check and wire registers viewable on the Clerk’s website.
(#20140354-
CLERK OF COURTS)
Commissioner Manning moved approval, seconded by Commissioner Hamman, called and carried.
35.
Publish
annual statement
Pursuant to Chapter 116.21, Florida Statutes notifies criminal and civil cash bond depositors of
unclaimed funds held by the Clerk of Courts.
(#20140448-
CLERK OF COURTS)
Commissioner Manning moved approval, seconded by Commissioner Hamman, called and carried.
36.
Approve $14,665.63 in
matching funds
to secure a $97,770.86 Federal Elections Activities
grant:
Funds will be used for mailing and publishing sample ballots for the November 4, 2014,
General Election. Matching funds will be available in the FY 14-15 budget.
(#20140456-
SUPERVISOR OF ELECTIONS)
Commissioner Manning moved approval, seconded by Commissioner Hamman, called and carried.
9:30 AM PUBLIC HEARING
1.
Adopt and certify the Resolution allowing collection of MSBU non-ad valorem special
APPROVED MINUTES OF 081914R
10
assessments:
Annual request for adopting and certifying the Resolution will allow staff to
proceed with the collection of non-ad valorem special assessments using the Uniform Method of
Dredging Municipal Service Benefit Unit, Cherry Blueberry Special Improvement Unit, Cherry
Estates Operation and Maintenance, Country Estates Streetlighting District, Country Lakes
Sewer, Charlee Road, Coralee Waterline, Cottage Point Water, Country Triple Crown Water,
McGregor Isles Canal/Channel Dredging, McGregor Village Sewer, NE Hurricane Bay Dredge,
(#20140403-
PUBLIC RESOURCES)
Affidavit of Publication
as to legal form and
sufficiency, and briefly reviewed the item. The Chairman called for public comment and no participants came
forward. Following Board discussion, Commissioner Manning moved approval, seconded by Commissioner
Mann, called and carried.
RESOLUTION NO. 14-08-26
WALK-ON AGENDA
1
. Amend Administrative Code 1-18 to permit certain sponsored debates in the Commission
Chambers:
(1) Permits sponsored debates in the County Commission Chambers for those primary elections in
which all voters regardless of party affiliation may vote and, (2) Establishes objective criteria for
consideration by County Administration of debate sponsors.
( #20140483-
COUNTY
ATTORNEY)
Commissioner Manning noted his reluctance to move forward with the proposed amendment until public input
had been heard, and moved the item to the next meeting agenda to allow time to hear from the public.
Commissioner Hamman seconded, and the motion was called and carried.
CARRY-OVER AGENDA
1.
Approve settlement agreement in inverse condemnation case of
County
:
Case No. 09CA-5689 for approval of a dock permit located at 18091 Cutlass Drive, Fort
(#20140294-
COUNTY ATTORNEY)
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED
THAT: Carry-Over Item #1 would be removed from the Agenda due to ongoing settlement negotiations and a
request by the Plaintiff. Commissioner Manning moved approval, seconded by Commissioner Hamman, called
and carried.
COMMISSIONER ITEMS
CONSERVATION 20/20-Commissioner Manning requested moved to direct Staff to bring back
a blue sheet for Board discussion of two (2) Land Acquisition Nominations (No. 517 and 294-3), seconded by
Commissioner Pendergrass. County Lands Director Karen Maguire informed that both parcels were reviewed by
CLASAC and turned down because of high asking prices. The Chair called for public comment and there were no
participants. The motion was called and carried.
AGENDA REVISIONS-Chairman Kiker advised that he had received suggestions for changes to
the agenda, and noted that some changes are currently under advisement.
COMMITTEE APPOINTMENTS
PARKS AND RECREATION
SERVICES
BICYCLE PEDESTRIAN ADVISORY COMMITTEE (BPAC)
and
HOUSING FINANCE AUTHORITY
the
ROADWAY LANDSCAPE COMMITTEE,
seconded by Commissioner Manning, called and carried..
APPROVED MINUTES OF 081914R
11
RIVERDALE SHORES
IMPROVEMENT UNIT
, seconded by Commissioner Manning, called and carried.
COUNTY MANAGER ITEMS
County Manager Roger Desjarlais informed the Board of a meeting held on August 18, 2014 for an
updated study/review of Impact Fees and a recap would be provided prior to the 1
st
Public Budget Hearing
scheduled for September 3, 2014.
COUNTY ATTORNEY ITEMS
▪ On August 18, 2014, the Court denied a Motion to Dismiss filed by VR Labs In the case
of
L
abs
, allowing the Defendant ten (10) days within which to file an Answer to the Amended
Complaint.
Public Presentation of Matters by Citizens:
The Chairman called for public comment and the following citizens came forward:
Marcia Deugan,
Carl Veaux,
Calusa Nature-Center funding request
The Chairman recessed the meeting at 11:58 a.m. until 5:05 p.m. The Chairman called the
meeting back to order at 5:05 p.m. with the following Commissioners present:
COMMISSIONER MANNING WAS ABSENT FOR THE ENTIRE MEETING.
5:00 PM PUBLIC HEARING
1.
Gather public input on proposed fare increases for LeeTran Fixed Route and Paratransit
users:
Tran Fixed Route and Paratransit Users. LeeTran has conducted five public outreach meetings in
advance of the public hearing to discuss the proposed fare increase with our customers. The
announcement, and consideration by the BOCC to increase passenger fares and associated multi-
ride tickets and passes. While the proposed fare increase, if implemented, is estimated to have an
initial decline in ridership of 6% (or 220,730 passenger trips), it is also estimated the change to the
fares will increase revenue by $728,633 annually.
(#20140426-
TRANSIT)
Affidavit of Publication
as to legal form and
sufficiency and briefly reviewed the request.
PowerPoint
presentation (Copy on File), outlined proposed fare
increases, fare structure, fair methodology, peer review, revenue projections and defined Fare Elasticity. He
updated the Board on five (5)
public outreach meetings,
surveying at
transfer centers,
and reviewed
results
of a
APPROVED MINUTES OF 081914R
12
poll posted on the LeeTran website, in compliance with Administrative Code 11-15 (copy on file). Mr. Myers
responded to Board questions and commentary, noting that if approved, the proposed implementation date would
be January 1, 2015. Commissioner Kiker pointed out that revenues received from proposed fare increases would
be put back into LeeTran for improvements to the System. The Chairman asked for public comment and the
following individuals commented:
representing C/L Gulf Coast
Margaret Banyan-
Michelle Scourtos-
Jeff Kader-
At the request of Chairman Kiker, Mr. Myers returned to the podium to address issues raised by the public input
and additional comments from the Board. County Attorney Richard Wm.Wesch advised that a blue sheet would
be brought before the Board on a tentative date of September 16, 2014.
The Chairman adjourned the meeting at 5:57 p.m.
APPROVED MINUTES OF 081914R