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BOOK - 2005R - B.O.C.C.-----------------------------------
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NOVEMBER 29, 2005
The
Regular Meeting
of the
Board of Lee County Commissioners
was held on this date with the
following Commissioners present:
Tammara Hall, Chairwoman
Robert P. Janes, Vice-Chairman
Ray Judah
The Chairman called the meeting to order at 9:33 a.m. Commissioner Janes requested that Mike
PRESENTATIONS
thanked the Board and County Management for three wonderful years at a world-class training facility, and hoped for
many more years in the future. As a token of appreciation, on behalf of John Henry, Tom Warner, and the Boston
Ownership, Mr. Dee presented the Board and citizens of Lee County with a Lee County Boston Red Sox World
Championship Ring.
Commissioner Hall read and presented a Resolution citing more than 2.5 million people in the United
States with epilepsy; and proclaiming November 2005 as
National Epilepsy Month.
Services, reviewed the cause of epilepsy and the strides taken to help prevent epilepsy; accepted the Resolution; and
thanked the Board. (
#20051660-
Commissioner Hall)
ANNOUNCEMENTS
Referring to the
Agenda Revision Recap
sheet dated November 29, 2005, the Chairwoman announced
that:
Walk-On Item No. 2 be heard following the 10:00 a.m. Public Hearing. Commissioner St. Cerny moved approval,
seconded by Commissioner Albion, called and carried.
One Walk-on would be heard following the Administrative Agenda.
9:30 A.M. AGENDA ITEM
- Public Comment on Agenda Items
Consent (C) and Administrative (A)
expressed his views noting that his company is one of three Florida Public
distributors; and gave the following reasons why the county should purchased
the water franchise: shortage of water supply; stabilization of the rates; increase
in cost effectiveness for improvements and expansion; and income to the County
with an estimated return of 8.3%. He further opined it would eliminate the
middleman’s cost, the level of regulations; and the regulatory fees charged by
the State.
A6(a) – Upper Captiva resident
Zeke McDonald,
read
expressing his objection to the purchase of the
Fisherman’s Cooperative that would result in excessive taxes, and the
disproportionate return of services from the County for those taxes.
A6(a) - Upper Captiva resident
expressed his concern by stating that the residents should
not be assessed with the additional burden of 1/3 of the purchase price of the
property; and that the purchase is not solely for barrier island residents but for all
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expressed
support of the purchase of the Fisherman’s Cooperative, and stated it would
District Deputy Executive Director Chip Merriam stated he wanted to update the Board
on some of the questions raised at the meeting: the six-month update is being put
together with dates and times and will be reviewed by the Governing Board in January
prior to distribution; and new ideas for lessening impacts are being looked into with the
possibility of using a portion of the Berry site and the use of land that was impacted by
citrus canker along the Caloosahatchee River. He further noted that discussions are in
meeting is scheduled with the Gulf Citrus Board, and that his Executive Director’s
direction is to do everything that can be done and do it as quickly as humanly possible.
He apprised that the District is looking at disposal wells as another tool instead of the
aquifer storage and recovery (ASR); and cited changes to the Environmental Protection
Agency’s law under the Underground Injection Code (UIC) that may allow use of
underground injection to take some of the peak flow before it gets to the lake and
wells are being uncapped to see if they will work for ASR. He concluded his comments
by noting discussions with the Everglades National park over the last couple of years to
open one of the southernmost gates to discharge into the Everglades; and that Corp of
Engineers have agreed to get a deviation to allow the gates to stay open an additional
two weeks; and for the gates to be cleaned out for better water flow.
Commissioner Albion pointed out that he expected the six-month report to show what is anticipated in terms of lake
height to allow anticipation of what is expected going into the rainy season, contingent on unforeseen weather
conditions. Mr. Merriam stated that there are three distinct targets in their model: 1) drier than average season, 2)
average season, and 3) wetter than average season. In response to Commissioner Judah’s question on the current
discharge rate coming down to the Caloosahatchee River, Mr. Merriam stated he presumed the release was at 6,500
cubic square feet (csf); noted the rainfall has not been significant, and apprised that discussions with the agricultural
owners are taking place. Discussion ensued between Commissioner Judah and Mr. Merriam regarding the efforts of
the District to address the discharges to the Caloosahatchee River and the estuaries; and the need to drop the lake
down by 1 foot to the level of 15 ½ feet. After noting that the Board needed to move forward on the agenda items,
A6(a) - Upper Captiva resident
Zeke McDonald
expressed his objections to the staff proposal of the
purchase price since it would not enhanced the value of the property; and opined
that excessive taxation would reduce the salability of the properties.
APPROVED AS TO LEGAL FORM AND SUFFICIENCY, THE
NOTICE OF INTENT TO ENACT A
RESOLUTION,
FOR CONSENT AGENDA ITEM 6(A).
The following are the Consent Agenda items that each Board member wished to have discussed:
Commissioner St. Cerny - None
Commissioner Hall - None
Commissioner Judah – C8a, C10a
Commissioner Albion – C9c
Commissioner Janes – C8a
The Consent Agenda items were not heard in Agenda item order.
CONSENT AGENDA
1. COUNTY ADMINISTRATION
(a)
ACTION REQUESTED/PURPOSE
:
Sanibel Facility/Beach Maintenance
$440,000.00
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Sanibel Beach Erosion Monitoring
Sanibel Dune Walkover Replacement
Sanibel Water Quality Monitoring
$15,000.00
$26,000.00
$35, 000.00
$25,000.00
$140,000.00
$60,000.00
$20,000.00
$75,000.00
$90,000.00
$110,000.00
$40,000.00
WHAT ACTION ACCOMPLISHES
:
Provides a mechanism to reimburse the municipalities with TDC beach and shoreline capital
improvement program funds.
MANAGEMENT RECOMMENDATION
:
Recommend Approval. (
#20051556
– VCB)
Commissioner Janes moved approval, seconded by Commissioner St. Cerny, called and carried.
(b)
ACTION REQUESTED/PURPOSE:
Approve, and authorize the Chairwoman to execute, the
Disaster Relief Funding Agreement,
for
Federal and State assistance for Hurricane Wilma (FEMA-1609-DR-FL).
WHAT ACTION ACCOMPLISHES:
Board approval is required for the execution of the Agreement.
MANAGEMENT RECOMMENDATION:
Approve. (
#20051681
– Budget Services)
Commissioner Janes moved approval, seconded by Commissioner St. Cerny, called and carried.
2. CONSTRUCTION AND DESIGN
No requests received.
3. COUNTY COMMISSIONERS
No requests received.
4. COMMUNITY DEVELOPMENT
(a)
ACTION REQUESTED/PURPOSE
:
Adopt Resolutions with the following amendments: increase the maximum assistance awards for
Homeownership Construction in the 2005-2006 Hurricane Housing Recovery Program Plan; require
that, in their tenant selection process, rental projects assisted with recovery funds give priority to
disaster victims for 15 years, and that a requirement to be added to the 2002/03 - 2004/05 and 2005/06
- 2007/08 SHIP (State Housing Initiatives Partnership) Plans and the 2005-2006 Hurricane Housing
Recovery Program Plan; and authorize the County Manager to make minor revisions that may be
required for final state approval.
WHAT ACTION ACCOMPLISHES
:
Approval of these amendments would allow adaptation to current economic conditions.
MANAGEMENT RECOMMENDATION
:
Approve. (
#20051648
– Community Development)
Commissioner Janes moved approval, seconded by Commissioner St. Cerny, called and carried.
RESOLUTION NO. 05-11-78 through RESOLUTION NO. 05-11-80
5. HUMAN SERVICES
(a)
ACTION REQUESTED/PURPOSE
:
Approve, and authorize Chairwoman to sign, the contract with
Catholic Charities Diocese of Venice,
WHAT ACTION ACCOMPLISHES
:
qualifying not-for-profit organization to be utilized according to Florida Statute 320.08058.
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MANAGEMENT RECOMMENDATION
:
Recommend Approval. (
#20051612-
Human Services)
Commissioner Janes moved approval, seconded by Commissioner St. Cerny, called and carried.
6. INDEPENDENT
(a)
ACTION REQUESTED/PURPOSE
:
Approve a resolution to place 27 upper level positions in the Senior Management Service Class of the
Florida Retirement System.
WHAT ACTION ACCOMPLISHES
:
Provides a more competitive compensation structure for recruiting and retaining senior level managers.
MANAGEMENT RECOMMENDATION
:
Approve. (
#20051682
– Human Resources)
IMMEDIATELY FOLLOWING PUBLIC COMMENT ON THE CONSENT AND ADMINISTRATIVE AGENDA
ITEMS:
Affidavits of Publication
for
Consent Agenda Item 6(a).
Commissioner Janes moved approval, seconded by Commissioner St. Cerny, called and carried.
RESOLUTION NO. 05-11-81
7. PUBLIC SAFETY
(a)
ACTION REQUESTED/PURPOSE:
Approve
lease with Gulf Care, Inc
d/b/a Gulf Coast Village, for two units in a multi-family housing
facility located at 152 and 154 S.E. 13
th
Emergency Medical Services (EMS). Lease cost will be $1,500.00 per month or $18,000.00 per year
for the first year with no CAM. After the first year, lease cost will increase no less than 5% and no
more than 10% on an annual basis. Lease is for one year with the option to renew for four additional
one-year periods. The Lease can be terminated by giving three months advance written notice.
WHAT ACTION ACCOMPLISHES:
#4, where they were previously housed, while the new station is being built. EMS crews will then
relocate to the new fire station when it is finished. Having a temporary location close to the fire station
is needed to meet with response time reliability criteria required by EMS.
MANAGEMENT RECOMMENDATION:
Approve. (
#20051623
– Public Safety)
Commissioner Janes moved approval, seconded by Commissioner St. Cerny, called and carried.
(b)
ACTION REQUESTED/PURPOSE
:
Approve and, authorize the Chairwoman to execute, a
lease amendment
WHAT ACTION ACCOMPLISHES
:
Fulfills an operational need for secure, protected space to house its personnel and emergency vehicles.
MANAGEMENT RECOMMENDATION
:
Staff recommends approval. (
#20051670
– Public Safety)
Commissioner Janes moved approval, seconded by Commissioner St. Cerny, called and carried.
8. SOLID WASTE-NATURAL RESOURCES
(a)
ACTION REQUESTED/PURPOSE:
Approve an increase to Purchase Order 74370, in the amount of $700,001.00, for a total purchase order
amount of $750,000.00, to Peterson Organics, Inc., to provide the Solid Waste Division with removal
and disposal of vegetative mulch resulting from the debris removal activities resulting from Hurricane
Wilma.
WHAT ACTION ACCOMPLISHES
:
Provides approval for the additional work required to transport and dispose of the storm material.
MANAGEMENT RECOMMENDATION
:
#20051667
Solid Waste)
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PULLED FOR DISCUSSION
Commissioner Judah moved approval for discussion, seconded by Commissioner Janes. Commissioner Judah
thanked and commended Solid Waste Division Director Lindsey Sampson and his entire staff for the speedy clearing
of vegetative debris caused by Hurricane Wilma. After concurring with Commissioner Judah’s comments,
Commissioner Janes requested that Mr. Sampson provide further detail regarding this request. Mr. Sampson noted
that this was a procedural item, that a purchase order was opened for this company due to the services they provided
in the past year, and that the blue sheet was to provide for additional funding under this purchase order. He stated that
the scope of work was to move the mulch material to different agricultural operations in South Central Florida. In
response to Commissioner Hall’s question on how much debris had been picked–up on private or gated communities;
Mr. Sampson said he did not have the numbers, but that each load was given a ticket. He further explained that this
year there has been increased discussion with the Federal Emergency Management Agency (FEMA) concerning
reimbursement for county maintained roads and non-county maintained roads, and stated that the issue was more open
access to the roadway. Commissioner Hall requested that she be furnished information of debris collection at gated
communities. After confirming that debris was being collected in the gated communities, Commissioner Janes
questioned why debris was not being collected on Upper Captiva. Mr. Sampson stated he was not aware there was a
significant debris problem on Upper Captiva, and noted that he look into it. The motion was called and carried.
(b)
ACTION REQUESTED/PURPOSE
:
Approve award of formal quotation, RFP B&R 2661-SM119; and issuance of a purchase order to
Sulzer Pump, Inc., the low price proposer, meeting all specification requirements for two recirculating
water pumps, in an amount of $160,820.00.
WHAT ACTION ACCOMPLISHES
:
Provides the necessary feed water pumps for the Waste-to-Energy Expansion Project.
MANAGEMENT RECOMMENDATION
:
Staff recommends approval of the requested motion. (
#20051674
– Solid Waste)
Commissioner Janes moved approval, seconded by Commissioner St. Cerny, called and carried.
9. TRANSPORTATION
(a)
ACTION REQUESTED/PURPOSE:
Award a Professional Services Agreement, for CN-04-19 Colonial Boulevard – I-75 to SR 82 Six
Laning, to
, in the not-to-exceed amount of $1,853,282.49. Also, authorize the
Chairwoman to execute the Agreement on behalf of the Board. This project was anticipated, and funds
are available.
WHAT ACTION ACCOMPLISHES:
environmental impact summary; develop traffic data, right-of-way maps, final plans and specifications;
coordinate all utility system adjustments; prepare cost estimates, bid documents, contract documents,
all governmental permits and traffic signal design, and/or modifications for the intersections of
Colonial/Ortiz, Colonial/I-75, Colonial/Treeline and Colonial/SR82.
MANAGEMENT RECOMMENDATION:
Approval recommended. (
#20051599
– Transportation)
Commissioner Janes moved approval, seconded by Commissioner St. Cerny, called and carried.
(b)
ACTION REQUESTED/PURPOSE
:
Road to north of Van Buren Parkway, to
in the not-to-exceed amount of
$2,568,268.32. Approve
Budget Transfer
in the amount of $57,211.00 from Reserves to the Burnt
Store Road project, and amend FY 05/06-09/10 CIP accordingly. Also, authorize Chairwoman to
execute the Agreement on behalf of the Board. This project was anticipated.
WHAT ACTION ACCOMPLISHES
:
Island Road to Van Buren Parkway, from two lanes to four lanes in accordance with the corridor study
currently being conducted.
MANAGEMENT RECOMMENDATION
:
Approval Recommended. (
#20051601
– Transportation)
Commissioner Janes moved approval, seconded by Commissioner St. Cerny, called and carried.
(c)
ACTION REQUESTED/PURPOSE
:
Award
B-05-24,
County-wide Resurfacing Roadway Improvements, for the Department of
Transportation, to the lowest responsive/responsible bidder, meeting all bidding requirements,
APAC-
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Southeast, Inc.
, for a total not-to-exceed amount of $2,526,640.05. This cost includes the base bid
completion of 180 calendar days. This project was anticipated, and funds are available.
WHAT ACTION ACCOMPLISHES
:
MANAGEMENT RECOMMENDATION:
Approval recommended. (
#20051621
– Transportation)
PULLED FOR DISCUSSION
Commissioner Albion moved approval, seconded by Commissioner Janes. Commissioner Albion expressed the need
to continue to improve the language to strengthen the county’s position on road projects for late fees, as well as traffic
flow issues affected during work periods in the work zones. Division of Transportation Director Scott M. Gilbertson
noted that specifications are being tightened up for the contracts, and stated they are looking at alternative bids,
rewards, A + B systems, and other types of awards to motivate contractors get the job done sooner. The motion was
called and carried.
10. UTILITIES
(a)
ACTION REQUESTED/PURPOSE
:
Company, Inc.
WHAT ACTION ACCOMPLISHES
:
Formal acknowledgement of staff’s recommendation.
MANAGEMENT RECOMMENDATION
:
Approval. (
#20051541
– Utilities)
PULLED FOR DISCUSSION
At the request of Commissioner Judah for Staff to state the reason for the recommendation to reject the purchase of
the Tamiami Water Company, Inc., Lee County Utilities Engineer Ivan Velez stated that utility and water lines were
sub-standard; noted the cost to purchase of 1.4 million dollars and the cost to upgrade of 1.8 million dollars; and
opined that it did not represent any benefit to the residents nor to the community as a whole. After concurring with
the comments by Mr. Velez, and stating that after the system is brought up to Lee County standards he would be
willing to consider further discussions toward acquisition; Commissioner Judah moved staff’s recommendation,
seconded by Commissioner St. Cerny. Commissioner Hall thanked Utilities Director Rick Diaz for attempting to
work out a collaborative effort. Commissioner Albion clarified that this request would be funded by ratepayer dollars
and not taxpayer dollars, and that the Board was proceeding in the best interest of the ratepayers. The motion was
called and carried.
(b)
ACTION REQUESTED/PURPOSE
:
Approve
Change Order No. 1 to Contract No. 2978,
for RFQ-04-01 - Three Oaks Wastewater
Treatment Plant Deep Injection Well, with Youngquist Brothers, Inc., for an additional contract amount
of $55,000.00 and 30 additional contract days. The purpose is to provide temporary equipment and
facilities to conduct the short-term injection test.
WHAT ACTION ACCOMPLISHES:
Provides funding and formal approval for additional unforeseen activities needed to complete
construction and conduct the short-term injection test of the deep injection well.
MANAGEMENT RECOMMENDATION:
Approval. (
#20051547
– Utilities)
Commissioner Janes moved approval, seconded by Commissioner St. Cerny, called and carried.
(c)
ACTION REQUESTED/PURPOSE
:
Management District (SFWMD) Funding Agreement for Olga Water Plant ASR Wells, Phase II
(
Agreement No. DG061177)
, in the amount of $170,000.00, with a total project cost of $550,000; and
approve a Budget Amendment Resolution for $170,000.00, and amend FY 05/ 06-09/10 CIP
accordingly.
WHAT ACTION ACCOMPLISHES
:
Establishes the responsibilities and funding obligations, and allows Lee County to work cooperatively
with SFWMD to complete the project that will provide additional alternative water supply within the
MANAGEMENT RECOMMENDATION
:
Approval. (
#20051592
– Utilities)
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Commissioner Janes moved approval, seconded by Commissioner St. Cerny, called and carried.
RESOLUTION NO. 05-11-82
(d)
ACTION REQUESTED/PURPOSE
:
Reverse Osmosis Treatment Plant (
Agreement No. DG061178)
, in the amount of $1,000,000.00, with a
total project cost of $10,898,000.00; and approve a Budget Amendment Resolution for $1,000,000.00,
and amend FY 05/06-09-10 Capital Improvement Plan accordingly.
WHAT ACTION ACCOMPLISHES
:
Establishes the responsibilities and funding obligations, and allows Lee County to work cooperatively
with SFWMD to complete the project that will provide additional alternative water supply within the
MANAGEMENT RECOMMENDATION
:
Approval. (
#20051593
– Utilities)
Commissioner Janes moved approval, seconded by Commissioner St. Cerny, called and carried.
RESOLUTION NO. 05-11-83
(e)
ACTION REQUESTED/PURPOSE
:
Management District (SFWMD) Funding Agreement for Lochmoor Reclaimed Water Storage Tank &
Pump Station (
Agreement No. DG061179)
, in the amount of $500,000.00, with a total project cost of
$1,450,000.00; and approve a Budget Amendment Resolution for $500,000.00, and amend FY 05/06-
09/10 CIP accordingly.
WHAT ACTION ACCOMPLISHES
:
Establishes the responsibilities and funding obligations, and allows Lee County to work cooperatively
with SFWMD to complete the project that will provide additional alternative water supply within the
MANAGEMENT RECOMMENDATION
:
Approval. (
#20051594
– Utilities)
Commissioner Janes moved approval, seconded by Commissioner St. Cerny, called and carried.
RESOLUTION NO. 05-11-84
11. PARKS AND RECREATION
(a)
ACTION REQUESTED/PURPOSE
:
Approve, and authorize the Chairwoman to execute, the
Wildlife Cooperative Agreement,
between the
remove invasive exotics from Piping Plover habitat, a 39-acre island located at Bunche Beach. Also,
approve a Budget Amendment Resolution for $58,000.00.
WHAT ACTION ACCOMPLISHES
:
To accept funds from the Partners for Fish and Wildlife Program to remove invasive exotics from
Piping Plover habitat, a 39 acre island located at Bunche Beach.
MANAGEMENT RECOMMENDATION
:
funds, on a reimbursement basis, for removal of invasive exotics from Piping Plover habitat, a 39-acre
island located at Bunche Beach. (
#20051655
– Parks and Recreation)
Commissioner Janes moved approval, seconded by Commissioner St. Cerny, called and carried.
RESOLUTION NO. 05-11-85
(b)
ACTION REQUESTED/PURPOSE
:
Approve, and authorize the Chairwoman to execute, a
License and Service Provider Agreement,
WHAT ACTION ACCOMPLISHES
:
Enables tennis instruction leagues and USTA tennis programs to continue to be provided throughout
MANAGEMENT RECOMMENDATION
:
Approve this License and Service Provider Agreement for the benefit of both residents and visitors to
#20051656
– Parks and Recreation)
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Commissioner Janes moved approval, seconded by Commissioner St. Cerny, called and carried.
12. COUNTY ATTORNEY
No requests received.
13. HEARING EXAMINER
No requests received.
14. PORT AUTHORITY
No requests received.
15. CONSTITUTIONAL OFFICERS
(a)
ACTION REQUESTED/PURPOSE:
Approve and authorize the Chairwoman to sign
Form 8038-T for payment of arbitrage liability,
as
required by the 1993 Regulations, to the U.S. Treasury for a total of $2,714.88.
WHAT ACTION ACCOMPLISHES:
in compliance with 1993 Regulations as set forth by the Internal Revenue Services (IRS).
MANAGEMENT RECOMMENDATION:
B, in the amount of $2,714.88; and Chairwoman’s signature on IRS Form 8038-T. (
#20051661
– Clerk
of Court)
Commissioner Janes moved approval, seconded by Commissioner St. Cerny, called and carried.
(b) ACTION REQUESTED/PURPOSE:
Approve payment of Delinquent Tax overbid money, in the amount of $4,669.76, to the claimant,
for Tax Deed No. 2003-003624. Pursuant to Florida Statute Chapter 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. (
#20051662
– Clerk of Court)
Commissioner Janes moved approval, seconded by Commissioner St. Cerny, called and carried.
(c)
ACTION REQUESTED/PURPOSE:
Approve
disbursements.
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). (
#20051664
– Clerk of Court)
Commissioner Janes moved approval, seconded by Commissioner St. Cerny, called and carried.
(d)
ACTION REQUESTED/PURPOSE
:
Approve payment of Delinquent Tax overbid money, in the amount of $12,001.25, to the claimant
Glen
Brown,
for Tax Deed No. 2003-004211. Pursuant to Florida Statute Chapter 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. (
#20051663
– Clerk of Court)
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Commissioner Janes moved approval, seconded by Commissioner St. Cerny, called and carried.
(e)
ACTION REQUESTED/PURPOSE:
Present for information purposes, the
Monthly Financial Report
for the month of October, 2005.
WHAT ACTION ACCOMPLISHES:
Commissioners. Also included, in compliance with Florida Statute 218.415, Local Government
Investment Policies, is the stated and fair market value of the investments managed by the Clerk’s
Safety Trust Funds is included. The purpose of this report is to convey to the Board the financial status
of selected significant funds of the Lee County Board of County Commissioners, 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.
MANAGEMENT RECOMMENDATION:
Approve. (
#20051665
– Clerk of Court)
Commissioner Janes moved approval, seconded by Commissioner St. Cerny, called and carried.
ADMINISTRATIVE AGENDA
1. COUNTY ADMINISTRATION
No requests received.
2. CONSTRUCTION AND DESIGN
No requests received.
3. COUNTY COMMISSIONERS
No requests received.
4. COMMUNITY DEVELOPMENT
No requests received.
5. HUMAN SERVICES
No requests received.
6. INDEPENDENT
(a)
ACTION REQUESTED/PURPOSE
:
Consider approval of the purchase of the
, for
$16,000,000.00, pursuant to the terms and conditions of the Contract for Sale and Purchase; authorize
payment of costs and fees to close, and authorize the Chairwoman or Vice-Chairman to execute all
additional documentation necessary to amend the Contract for Sale and Purchase; as necessary. If
acquired, an underground petroleum storage tank (2000 gallons) will need to be removed, and soils will
have to be remediated. Staff has discussed with the seller that the seller pay for the removal and
remediation costs, estimated to be $46,000.00. The County will retain $100,000.00 in an escrow
account to cover the remediation costs, returning any remaining funds to the Seller once remediation is
completed. The County will be responsible for any costs in excess of the $100,000.00, which are not
anticipated. Authorize the Division of County Lands to handle and accept all documentation necessary
to complete this transaction. A management recommendation for allocating the purchase price is
included in the memorandum contained in the backup material to this Blue Sheet, and contemplates a
$6 million Municipal Services Taxing Unit on the Outer Islands, with the county paying for the
remaining $10 million through various funds. (
Transfer of Funds)
WHAT ACTION ACCOMPLISHES
:
MANAGEMENT RECOMMENDATION
:
Authorize the closing and acquisition of the Fisherman’s Cooperative facilities and site, in accordance
with prior Board direction. (
#20051678
– County Lands)
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Public Works Director Jim Lavender briefly reviewed the request, and noted that this was the final opportunity for the
Board’s vote. Commissioner Judah moved the item for discussion, seconded by Commissioner Janes. After noting
the fortunate opportunity to consider this item, Commissioner Judah asked for information regarding the formula to
proportion the breakdown to acquire the property, particularly the assessment to be levied on the outer islands.
Assistant County Manager Pete Winton explained that it was a 60-40 split, 60% from the County and 40% from outer
island residents through a Municipal Service Taxing Unit (MSTU); and further noted that they would not be charging
for the operation and maintenance of the facility. Commissioner Albion expressed the excess valuation of the
property, and questioned on values of comparable properties. In response to Commissioner Janes’ inquiry, Mr.
Winton stated that the MSTU was not only for solid waste, it was considered a dedicated source for transfer of
garbage, goods, vendor services, construction materials, etc. County Manager Donald D. Stilwell confirmed that the
Sanibel Causeway was paid for by tolls. Commissioner Albion addressed the comments offered during the Public
Comment portion of the meeting; expressed concern with the MSTU assessments; and asked what Staff’s reasonably
best estimate of the value of the site, and the price on the recent Pinellas County acquisition that had numerous
similarities. County Lands Acquisition Program Manager Robert G. Clemens stated that the appraisal done in April of
2005 was $2.57 million. Mr. Lavender stated that the Pinellas County acquisition was for $23 million with a proposed
use of revenues from 11 businesses on the site to pay the long-term debt services. Commissioner Albion expressed
discomfort in justifying this property as a good purchase at $16 million. In response to Commissioner Judah’s inquiry
concerning the permitted dry and wet slips on the property, Mr. Lavender confirmed there were 80 slips for “dock-o-
miniums” that were able to be permitted, and cautioned that if another person should acquire the property the existing
solid waste transfer lease would be in jeopardy. Commissioner Judah stated he felt this was the answer to address the
long-term issue with solid waste transfer of materials transported to the islands, public access for the boaters, and the
ability to provide a site that has deep water access; and looked forward to the acquisition. Commissioner Janes
commented that he supported the acquisition, and addressed the cost of the site. In response to Commissioner St.
Cerny’s question on the availability, access availability, alternatives, site location and present zoning, Public Works
Director Jim Lavender stated that it is a site zoned property with commercial marine zoning, and noted the County
would have more control when acquired. Commissioner Hall suggested that there should be a deed restriction to
guarantee the permanent land base for solid waste transfer; and expressed concern with what the correct amount
should be for the MSTU. Commissioner Janes stressed the need for the solid waste transfer station and the added
benefit of the boat slips. Discussion ensued between Commissioner Hall, County Attorney David M. Owen, and
Assistant County Attorney Timothy Jones concerning the possibility of covenants or restrictions on the property to
guarantee, no matter who the owner is; there would be a land base. During the discussion Attorney Jones cautioned
that the owner, the county, could change the restrictions at any time. Commissioner Albion opined that the
appropriate time for the discussion on the covenants/restrictions would be during the Public Hearing for the creation
of the MSTU. Commissioner Albion stated that while there is this great opportunity to purchase, he supported
condemnation vs. acquisition, as he did not think the price was reasonable. The motion was called and carried with
Commissioner Albion voting nay.
7. PUBLIC SAFETY
No requests received.
8. SOLID WASTE-NATURAL RESOURCES
No requests received.
9. TRANSPORTATION
(a)
ACTION REQUESTED/PURPOSE
:
4081); Corkscrew Road (CIP # 4723); and Estero Parkway Extension (CIP # 5021).
WHAT ACTION ACCOMPLISHES
:
Encourages additional bidders to respond to our advertisements
.
MANAGEMENT RECOMMENDATION
:
Approve waiver. (
#20051645
– Transportation)
Commissioner Judah moved approval, seconded by Commissioner Janes. In response to Commissioner Albion’s
question on the number of projects that have gone to out-of-county contractors, Division of Transportation Director
Scott M. Gilbertson noted there were recently two (2) large road project bids; and stated that the reason for the request
to waive the Local Bidders Preference was to attract more bids and more competition, and because the projects were
in the $10 million to $20 million range the 3% on the project would be significant in terms of dollar savings.
Commissioners Albion and St. Cerny expressed concern with exemption from the Local Bidders Preference.
Commissioner Judah stated that the request was for the four specific projects to attract competitive bids. The motion
was called and carried.
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10. UTILITIES
No requests received.
11. PARKS AND RECREATION
No requests received.
12. COUNTY ATTORNEY
(a)
ACTION REQUESTED/PURPOSE
:
Approval of settlement offer in the case of Lee County vs. Cobb, et al., Case No. 05CA-3748-G, Parcel
313, for $425,000.00.
WHAT ACTION ACCOMPLISHES
:
Resolves all claims for compensation and fees and costs on this parcel.
MANAGEMENT RECOMMENDATION
:
County Attorney recommends approval of settlement offer. (
#20051649
– County Attorney)
Commissioner Janes moved approval, seconded by Commissioner Albion, called and carried.
(b)
ACTION REQUESTED/PURPOSE
:
Approve partial waiver of penalty, in the amount of $10,518.34, on a Suncoast Estates Phase II special
assessment.
WHAT ACTION ACCOMPLISHES
:
Waives most of penalty interest on a Suncoast Phase II special assessment.
MANAGEMENT RECOMMENDATION
:
County Attorney recommends approval. (
#20051650
– County Attorney)
Commissioner Janes moved approval, seconded by Commissioner Albion, called and carried.
13. HEARING EXAMINER
No requests received.
14. PORT AUTHORITY
No requests received.
15. CONSTITUTIONAL OFFICERS
No requests received.
WALK-ON ITEM NO.1
12. COUNTY ATTORNEY
ACTION REQUESTED/PURPOSE:
Provide formal direction to County administrative and legal staff, with respect to issues raised at the
Lake Okeechobee workshop of November 22, 2005 concerning freshwater discharges from Lake
Okeechobee to the Caloosahatchee River.
WHAT ACTION ACCOMPLISHES:
Formally provides direction(s) to County administrative and legal staff for responses and actions to be
taken on behalf of the Board relative to the Lake Okeechobee discharges.
MANAGEMENT RECOMMENDATION:
Provide direction to County staff with respect to responses and actions concerning the discharges from
Lake Okeechobee to the Caloosahatchee River. (
#20051719
– County Attorney)
REASON FOR WALK ON:
Board directed.
County Attorney David M. Owen reviewed the purpose for Walk-On Item No. 1, and enumerated the issues discussed
at the Workshop Meeting last Tuesday: the County’s participation in the Draft Supplemental Environmental Impact
Statement (DSEIS); the County Attorney’s Office to consult with and engage the services of Mr. David Guest, of
Earth Justice; the sending or providing requests to the Governor and the Cabinet to find additional space for Lake
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Okeechobee discharges; and the involvement of the Legislative Delegation. Attorney Owen stated that all of those
things were acceptable to staff, and with the Board’s authorization, Staff would proceed in that direction. He stated
that, in the interim, his Staff has been in contact with the Earth Justice Office in Tallahassee; are awaiting a response;
and, with the Board authorization, would proceed to engage their services. He further informed the Board that in both
federal and civil practice, when an injunction or temporary restraining order (TRO) is sought, there are certain
regulations which have to be met in order for an injunction or TRO; and noted that they were examining different
bodies of the law, with respect to endangered species and marine mammals, to find the opportunity to meet the most
critical test in the four part test for an injunction or TRO, which is “substantial likelihood of success” on the merits of
the case once the merits are reached by trial. Attorney Owen stated, with Assistant County Attorney Susan
Henderson’s 15 years of experience and the engagement of Earth Justice, they would continue to work toward finding
something to provide immediate relief and would come back to the Board for further direction. Commissioner Judah
concurred with Commissioner Hall’s comments made at the workshop meeting, and expressed appreciation that the
facts and options would be brought back to the Board. In response to Commissioner Judah’s request for clarification,
Attorney Owen stated that, upon formal direction of the Board’s request, a letter would be drafted, for the
Chairwoman’s signature, to the Governor and the Legislature requesting consideration of utilizing the sugar cane
fields for storage to directly abate the immediate discharge. Smart Growth Task Force Executive Director Wayne
Daltry stated that the letter for the EIS, stating the Board’s policy, has been drafted and would be provided to the
Board members for review; and that the Army Corp of Engineers, the South Florida Water Management District
(SFWMD), and the Recover Group are in the process of updating the Central and Southern Flood Water Control
Program model. Discussion ensued regarding the possible need for an additional staff member, whether someone has
been engaged to represent Lee County to determine how the model works; and the best approach to monitor the total
daily maximum load (TDML). In response to Commissioner Albion’s inquiry, Attorney Owen requested a motion
authorizing staff to proceed with those issues that have been raised at the workshop session last Tuesday.
Commissioner Hall expressed the need to involve all entities, organizations and groups who are monitoring and
gathering information to work together in the recovery effort of the Caloosahatchee River; and Natural Resources
Director Roland Ottolini confirmed that this issue would be addressed at the January Management and Planning
Committee (M&P) meeting. Commissioner Albion moved to empower county staff and the County Attorney’s Office
to go forward, including expenditure of funding to deal with organizations such as Earth Justice and other appropriate
entities, and to come back to the Board with a list of options on how to proceed, with the inclusion of an appropriation
of $25,000.00 for expenditures. At the request of Commissioner Janes, Attorney Owen stated that they would bring a
preliminary report back to the Board before the Christmas break with a follow-up at the January M&P. The motion
was seconded by Commissioner Janes; and the motion was called and carried. Commissioner Judah stated that it was
his understanding that Attorney Owen had already drafted the letters to the Governor and the Legislature requesting
their influence on the utilization of the sugar cane fields for water storage as well as the compensation for the
economic loss for the growers; and Attorney Owen stated it was his understanding that Mr. Daltry was drafting the
letters. Discussion ensued on the option of including the utilization of agricultural properties in the request.
Following a brief break, the Chairwoman called the meeting to order with all Commissioners present with the
exception of Commissioner Albion who returned at 12:01 p.m.
WALK-ON ITEM NO. 2
12. COUNTY ATTORNEY
ACTION REQUESTED/PURPOSE:
Request Board approval and authorization for the Chairwoman’s signature on the final
Purchase and
Sale Agreement
for the Babcock Ranch properties as the result of State action on November 22, 2005.
WHAT ACTION ACCOMPLISHES:
Re-execute the final Purchase and Sale Agreement for the Babcock Ranch properties.
MANAGEMENT RECOMMENDATION:
Consider approval and authorization to the Chair for re-execution of the Purchase and Sale Agreement
for the Babcock Properties as the result of State action on November 22, 2005. (
#20051720
– County
Attorney)
REASON FOR WALK ON:
Board directed.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRWOMAN ANNOUNCED
THAT:
Walk-on Item No. 2 will be heard following the 10:00 a.m. Public Hearing.
FOLLOWING THE 10:00 A.M. PUBLIC HEARING:
County Attorney David M. Owen requested the Board’s permission to transmit the document, the re-execution of the
Purchase and Sale Agreement, which was read into the record during the 10:00 a.m. Public Hearing; and the Board’s
guidance of whether to add language relative to the first “take down” of property for the County to participate in,
rather than in the third “take down”; and the authority to cleanup the language in the agreement. Commissioner Janes
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moved approval to request participation in the first “take down”, seconded by Commissioner Judah. Mr. Kitson stated
that there had been many discussions regarding the “take downs”, and noted that the order of the “take down” was in
the agreement to accomplish holding everyone’s feet to the fire; cited the importance of maintaining the order of the
“take downs”; requested that the Board leave the contract as is concerning the “take downs”; and noted that if there is
a default there is a provision allowing the County to “take down” their portion of the property. Commissioner Janes
withdrew his motion; and Commissioner Judah withdrew his second. Attorney Owen requested a motion to approve
the now modified Purchase and Sale Agreement with the Management Agreement, which is being re-executed after
the State’s requested changes from last week. Commissioner St. Cerny so moved, seconded by Commissioner Judah.
Commissioner Judah asked if the modification to the Management Agreement was included, the Chairwoman stated it
was included. The motion was called and carried.
COMMISSIONER ITEMS AND COMMITTEE APPOINTMENTS WERE HEARD FOLLOWING THE 10:00 A.M.
PUBLIC HEARING.
COMMISSIONER ITEMS
HIGHLANDS RESOLUTION
–
Commissioner Hall requested the Board’s support of the Resolution
requesting State support for additional regional shelters. County Manager Donald D. Stilwell explained that this was a
request for funds to assist in taking care of people who evacuated to Lee County from other counties during an
emergency; and noted that this resolution would be endorsing Highland County’s efforts, and would be applicable
statewide. The Board concurred.
LIAISON APPOINTMENTS – Chairwoman Hall stated that the Board liaison appointments for 2005-
2006 had been distributed to the Board members.
COMMITTEE APPOINTMENTS
LEHIGH ACRES
STREETLIGHTING UNIT
, seconded by Commissioner Janes, called and carried.
MORSE
SHORES STREETLIGHTING UNIT
UNIT
, seconded by Commissioner Janes, called and carried.
CONSTRUCTION
LICENSING BOARD;
Commissioner Janes moved approval, seconded by Commissioner Albion, called and carried.
COUNTY MANAGER ITEMS
COUNTY ATTORNEY ITEMS
10:00 A.M. AGENDA ITEM NO. 1 WAS HEARD PRECEDING WALK-ON ITEM NO. 2.
10:00 A.M. AGENDA ITEM
– Public Hearing
PH 1 ACTION REQUESTED/PURPOSE:
Conduct a public hearing pursuant to Chapter 163, Florida Statutes, and consider the adoption of a
Four-Party Agreement entitled, “
Interlocal Planning Agreement for the Babcock Ranch”
.
WHAT ACTION ACCOMPLISHES:
Allows for public and Board input at a public hearing for comments relative to the Four Party
MANAGEMENT RECOMMENDATION:
Take public input, deliberate and consider entering into the Four-Party Interlocal Planning Agreement
#20051684-
County Attorney)
Affidavit of Publication
and Notice
of Intent for the 10:00 a.m. Agenda Item No. 1; and briefly described this request. Attorney Owen noted that the
Governor and Cabinet had made adjustments to the Interlocal Planning Agreement and the Management Agreement
transmitted to the State two weeks ago. He explained that the Department of Agriculture had an interest in
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participating as an owner in the process as they shared the cost with the Fish and Wildlife Commission, who was
originally designated to put up the $10 million dollars amount for contribution towards the properties, and have a
share or hand in the Management Agreement in the development of the Management Plan/Business Plan for the first
ten (10) years. He then reviewed the Babcock Ranch Interlocal Planning Agreement and Management Agreement
with the following revisions.
Changes and Additions are Bold and Underlined
I. PLANNING AGREEMENT:
1. Page 2, Paragraph 7
Delete “
best
”
Paragraph 8
Delete full paragraph
2. Page 3, Paragraph 11 (a) A sale in fee simple of approximately 74,000
73,476.5
acres of
environmentally sensitive land within the Babcock Ranch,
some of
which is impacted
(over 80% of the Ranch), a majority of which is to be
another
a
Paragraph 11 (b) Delete the whole handwritten sentence.
Paragraph 11 (d) Capitalize
M
anagement
P
lan
3. Page 4, Paragraph 16
Babcock Ranch plan will
should
provide
for
an innovative, balanced,
environmentally sensitive and well-planned approach to
for
the
protection,
Paragraph 17
DCA (only to the limited degree set forth in provision 38
39
of this
Paragraph 17 (1) The parties agree that the above recitals, which are incorporated herein,
are true and correct
accurate
to the best of each of the parties’
knowledge. and constitute a material part of this Agreement.
will work
jointly
in the development of a
the
establish a proposed program of densities and intensities as set forth in
Attachment B for a sustainable community within Area 6 (“Plan”).
5. Page 6 Paragraph 4 (c) It is the intent of the parties that this is to be a collaborative
collective
,
joint
planning process between the parties, the public, and other
interested stakeholders.
6. Page 8 Paragraph 8 (b) Delete the whole handwritten sentence.
7. Page 10, Paragraph 10 (b) Effective Date (see Attachment E) by
through
the underlying future land
use and existing zoning on that area outside of Area 6 not purchased
(“Non-Area 6 Density”).
Paragraph 10 (c) Effective Date (see Attachment E) by
through
the underlying future land
use and existing zoning on that area outside of future land use and
existing zoning on that area outside of Area 6 not purchased (“Non-Area
6 Density”).
8. Page 13 Paragraph 17
and donate at no cost
to include no impact fee credits
, to those school
boards the sites needed for those facilities.
which is defined above, agree not to institute, or to encourage
authorize
others to institute
on their behalf
, legal challenges to the transfer and use
of water between
Water Management District boundaries contemplated by this agreement,
provided that such transfer and use are accomplished pursuant to the
requirements of section 373.2295, Florida Statutes, and do not adversely
affect the established minimum flows and levels for the Caloosahatchee
River and the aquifers in the Counties,
as they may be revised from
time to time.
Paragraph 20
DCA)
II. MANAGEMENT AGREEMENT
:
1. Page 2, Paragraph I (1) Add a sentence near the middle paragraph to read:
All management
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2. Page 3, Paragraph 2
the Management and Business Plans will be made to the Board of
Add to the end of Paragraph 2:
implementation.
Attorney Owen advised that the documents would need to be sent to the Governor and the Cabinet as there have been
changes in the documents. After noting the County’s intent to take ownership of the County’s portion of the property
as soon as possible, he pointed out that the County was scheduled for Phase 3 which would close in July of 2007; and
expressed hope that the Governor would entertain the possibility, given the revenue surplus the State has had this year,
of doing a single closing in the summer of 2006; and noted that if a single closing was not entertained, the Board
could request from the State to be put in Phase 1 or Phase 2. Discussion was held regarding the last sentence of
paragraph 1, on page 2 of the Management Plan, with Attorney Owen noting that the added language was for Lee
County’s approval of the plan in writing prior to implementation. Commissioner Albion stated discomfort with
language on page 13, paragraph 17, of the Interlocal Planning Agreement, and suggested adding to the end of the first
sentence “without any compensation including impact fees credits”. Attorney Owen stated that he did not find that
change objectionable. The Chairwoman called for public comment, and the following persons came forward in favor
of the acquisition:
Carl Veaux
Alessia Leathers
Response Growth Management Coalition representative
Bill Spikowski
representing David Creeley
Cypress Creek area landowner Dave Turkell
The general comments of the speakers were: the desire for Lee County to purchase the entire property, the possible
problems with water quality and water drainage; the need to protect the wildlife and environment; the need for public
participation and a registry of interested parties; the following suggestions for the Planning Agreement:
Paragraph 4, page 5, eliminate “Lee County to work jointly in the development plan”
Paragraph 9(a), page 9, delete the first sentence
Paragraph 2(b), page 5, replace the first sentence with the suggested language – “to agree on a process
for review of a plan for Area 6 that identifies the densities and intensities of uses, desired by
Contract Purchaser Sid Kitson, with Kitson and Partners, noted that this is a very unique opportunity for both
preservation and creation of a new sustainable community; stated the vision for which Babcock Ranch was founded;
and believed that preservation and responsible growth can go hand in hand. He pointed out the steps to follow the
Board’s action today:
The Planning and Charette process
The series of Town meetings
The approval from the state legislature for their share, the $300 million dollars
Mr. Kitson then complimented all involved in the negotiation process. Discussions on the Interlocal Babcock Ranch
Planning and Management Agreement followed. Commissioner Judah extended his appreciation to Mr. Kitson, and
suggested that the language deleted on pages 3 and 8 of the Planning Agreement concerning the Rural Land
Stewardship Program, not be deleted but be changed to state “The RLSP
may
not be utilized if there is one closing on
all of the ranch property”; and Attorney Owen stated the language would need to be sent to Charlotte County for their
comments. Commissioner Judah, citing Paragraph 12 on page 3, asked that more specific wording be added to reflect
that Mr. Kitson will be responsible for providing a Category 3 hurricane shelter(s) for the residents; and Mr. Kitson
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stated he had no problem with the language. Commissioner Judah, referring to the suggested language by Ms.
Wessel, on Page 5, Paragraph 2 (b), noted that the suggested change would eliminate the presumption of outcome; and
Mr. Kitson stated that the language was clear without the change and preferred to keep the language as is; and
Attorneys Owen and Jones agreed that the language was a planning process that was proactive as opposed to reactive.
Discussion ensued regarding the various items included in the Planning Agreement that were proactive. In response
to Commissioner Judah’s question regarding Mr. Hammond’s suggestion for Page 9, Paragraph 9(a); Attorney Jones
opined that the language did not create an option; it recognizes that the developer may decide to do a DRI. In
response to a speaker’s question whether Lee County has control of the property, Commissioner Albion stated yes. At
the request of Commissioner Albion, Smart Growth Task Force Executive Director Wayne Daltry explained the
impact to the water, environment and species if this deal did not go through. Mr. Daltry confirmed that it is a Joint
planning effort with Charlotte County, including Comprehensive Planning and the Development of Regional Impact
(DRI) review. After Commissioner St. Cerny questioned what action could be taken if something arises in the
planning process that would have a grave consequence for Lee County, and what would be the ultimate venue for Lee
County to move forward in this four party agreement to protect the Lee County citizens; Mr. Daltry responded that it
would be the contract courts, and further noted that there were three escape hatches for Lee County: assuring that the
Charlotte County plan amendment holds Lee County harmless in impacts; the Comprehensive Plans Amendments;
and the DRI development review setting the time periods and the performances. Commissioner Janes pointed out his
major concern was to make certain Lee County is not victimized by urban sprawl, overwhelmed by residential and
commercial. At the request of Commissioner Janes, Attorney Owen assured the Board that the role of the County in a
co-defendant status was not an unusual role for the County to be in. The individual Commissioners thanked all
involved in the process. Mr. Kitson expressed concern that if the closing is done in one “take-down” it would be
impossible to do RLSP and he was not certain why the sentence remained in the agreement, and asked that the
document be read as is because the sentence that is being added will occur regardless. Concerning Commissioner
Judah’s additional language for hurricane shelter, he stated that he would rather address hurricane shelters in the
planning process. Commissioner Judah replied that he wanted to insure that Mr. Kitson would be the responsible
entity to make sure that hurricane shelters are provided. In response to Attorney Owen’s request for clarification,
Commissioner Judah stated that he had no problem with the deletion of the RLSP sentence as requested by Mr.
Kitson. Commissioner St. Cerny moved to adopt the Four-Party Agreement, with the added language concerning the
category 3, under the hurricane provision, seconded by Commissioner Judah. Chairwoman Hall restated the motion to
approve the Interlocal Planning Agreement with Babcock Ranch, Version 15, with any amendments that have been
made, and deletion of the RLSP language. After Commissioner Judah expressed thankfulness that this would
preserved conservation and protect wildlife for generations to come, the motion was called and carried.
The Chairwoman adjourned the meeting at 2:29 p.m.
__________________________
Deputy Clerk
___________________________
Chairman, Lee County Commission
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