Author: cresencia du Comments: Company: Clerk of Courts CreationDate: 2013/04/12 15:34:08-04'00' Creator: Acrobat PDFMaker 10.1 for Word Keywords: ModDate: 2013/04/12 15:34:12-04'00' Producer: Adobe PDF Library 10.0 SourceModified: 2013/04/12 19:34:03 Subject: Title: __The Regular Meeting of the Board of Lee County Commissioners was held this date with the following Commissioners present: xmp:xmp:ModifyDate: 2013-04-12T15:34:12-04:00 xmp:xmp:CreateDate: 2013-04-12T15:34:08-04:00 xmp:xmp:MetadataDate: 2013-04-12T15:34:12-04:00 xmp:xmp:CreatorTool: Acrobat PDFMaker 10.1 for Word xmp:xmpMM:DocumentID: uuid:3a3a771f-e734-4e2a-9780-34ddd4418ea1 xmp:xmpMM:InstanceID: uuid:9ecf022b-017b-41f5-9758-10394463d349 xmp:xmpMM:subject: 3 xmp:dc:format: application/pdf xmp:dc:title: __The Regular Meeting of the Board of Lee County Commissioners was held this date with the following Commissioners present: xmp:dc:creator: cresencia du xmp:pdf:Producer: Adobe PDF Library 10.0 xmp:pdfx:SourceModified: D:20130412193403 xmp:pdfx:Company: Clerk of Courts Page 1 BOOK - 2011R - B.O.C.C.------------------------------------------------------------------------------------------------------------------ PAGE: 100 MARCH 1, 2011 The Regular Meeting of the Board of Lee County Commissioners was held on this date with the following Commissioners present: Frank B. Mann, Chairman John Manning, Vice Chairman Tammara Hall Ray Judah A. Brian Bigelow The Chairman called the meeting to order at 9:30 a.m. The Invocation was given by Pastor John Dougherty, First Baptist Church of Florida, followed by the Pledge of Allegiance to the Flag. PRESENTATION Walk on Item No. 1 was heard at this time. See that portion for action taken. ANNOUNCEMENTS Referring to the Agenda Recap Sheet dated March 1, 2011, the Chairman announced that: Consent Agenda Item 13c should be omitted from the agenda. It has already been approved as Consent Agenda Item 13a on February 22, 2011, and was duplicated in error. Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried. Walk-on Item No. 2 would be taken at the appropriate time. 9:30 A.M. AGENDA ITEM - Public Comment on Agenda Items Consent (C) and Administrative (A) C7(a) - Bike Walk Lee & Bicycle/Pedestrian Advisory Committee representative Joe Beck The following are the Consent Agenda items that each Board member wished to have discussed: Commissioner Mann - None Commissioner Manning - None Commissioner Hall – 7(a) Commissioner Judah - None Commissioner Bigelow - None CONSENT AGENDA 1. COUNTY ADMINISTRATION No requests received. 2. COMMUNITY DEVELOPMENT A) ACTION REQUESTED/PURPOSE: Amend existing SHIP (State Housing Initiatives Partnership) Contract # C-3936 with the Lee County Housing Development Corporation (LCHDC) to reduce it by $25,000.00 (from $270,000.00 to $245,000.00). Also, execute a grant award agreement for $76,000.00 in SHIP funds with Partnership-In-Housing, Inc. for the rehabilitation of up to 41 farm-worker rental housing units for very low income households at Pueblo Bonito in Bonita Springs by May 1, 2011. (#20110116-COMMUNITY DEVELOPMENT) FUNDING SOURCE: SHIP Local Housing Assistance Funds. WHAT ACTION ACCOMPLISHES: Allows adaptation to current housing market conditions, and allows the county to enter into a grant award agreement for the expenditure of 2008/2009 SHIP funds to increase the supply of affordable housing. MANAGEMENT RECOMMENDATION: Approve. ---------------------------------------------APPROVED MINUTES OF 030111R-------------------------------------------------------------- Page 2 BOOK - 2011R - B.O.C.C.------------------------------------------------------------------------------------------------------------------ PAGE: 101 Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried. 3. CONSTRUCTION AND DESIGN No requests received. 4. COUNTY COMMISSIONERS No requests received. 5. COUNTY LANDS No requests received. 6. HUMAN SERVICES A) ACTION REQUESTED/PURPOSE: Approve and execute Modification #2 of the existing agreement with the State of Florida Department of Community Affairs (DCA) for the Low Income Energy Assistance Program (LIHEAP). (#20110124-HUMAN SERVICES) FUNDING SOURCE: State of Florida, Department of Community Affairs. WHAT ACTION ACCOMPLISHES: Extends the current LIHEAP contract from March 31, 2011 to May 31, 2011. MANAGEMENT RECOMMENDATION: Approve. Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried. B) ACTION REQUESTED/PURPOSE: Approve and execute modification #1 of the existing agreement with the State of Florida Department of Community Affairs (DCA) for Community Services Block Grant (CSBG). Also, approve a budget resolution to add $18,869.00 of Community Services Block Grant funds to the FY2011 budget. (#20110135-HUMAN SERVICES) FUNDING SOURCE: State of Florida, Department of Community Affairs General Fund 20% match, funds already budgeted, no additional funds necessary. WHAT ACTION ACCOMPLISHES: Increases the current $236,056 CSBG budget to $254,925.00 MANAGEMENT RECOMMENDATION: Approve. Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried. RESOLUTION NO. 11-03-01 7. INDEPENDENT A) ACTION REQUESTED/PURPOSE: Approve an interlocal agreement with Collier County for Transit Service between Collier and Lee County. (#20110145-TRANSIT) FUNDING SOURCE: FDOT Grants totaling $850,221.00 and an FTA Grant in the amount of $152,913.00, and the required local match for both grants of 50% will be funded by realignment of existing service in Bonita Springs. The addition of the north-south route and the realignment of existing service will be done without additional local funds. These adjustments will be made as part of the FY11/12 Budget preparation. WHAT ACTION ACCOMPLISHES: Provides an agreement to implement inter-county public transit service between Collier and Lee County. MANAGEMENT RECOMMENDATION: Approve. PULLED FOR DISCUSSION ---------------------------------------------APPROVED MINUTES OF 030111R-------------------------------------------------------------- Page 3 BOOK - 2011R - B.O.C.C.------------------------------------------------------------------------------------------------------------------ PAGE: 102 Commissioner Hall noted support of transit and regionalization, but could not support the request as she felt there needed to be further data. Commissioner Judah pointed out that funding for Route 150 used for the Bonita Springs and Bonita Beach would enhance ridership and service. Transit Director Steve Myers clarified that it is revenue neutral as we will not be expending additional dollars. Board discussion ensued with Mr. Myers providing further input; and Commissioner Mann expressing hesitation to move forward. Commissioner Manning moved the item with the proviso that it be reviewed on an annual basis, seconded by Commissioner Judah, called and carried with Commissioners Hall and Mann voting nay. B) ACTION REQUESTED/PURPOSE: Adopt budget amendment resolution in the amount of $78,200.00 to establish budget for the 12th annual Lee County Reading Festival to be held on March 19, 2011. (#20110146-LIBRARY) FUNDING SOURCE: Reading Festival related donations. WHAT ACTION ACCOMPLISHES: Accepts various donations as unanticipated revenue and designates expenditures. MANAGEMENT RECOMMENDATION: Approve. Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried. RESOLUTION NO. 11-03-02 8. NATURAL RESOURCES/ SOLID WASTE A) ACTION REQUESTED/PURPOSE: Approve waiving of the formal process (if needed) under B-11-05 Construction & Demolition Debris Recycling Facility, and authorize the use of the Direct Materials Purchase Orders which allows the County to purchase directly from suppliers of equipment and/or materials as a cost/time saving measure from the General Contractor. (#20110147-SOLID WASTE) FUNDING SOURCE: Solid Waste Enterprise Fund, funds already budgeted, no additional funds necessary. WHAT ACTION ACCOMPLISHES: Allows the County to save costs and time through the General Contractor by utilizing the County’s Direct Material Purchase program. MANAGEMENT RECOMMENDATION: Approve. Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried. 9. PARKS AND RECREATION A) ACTION REQUESTED/PURPOSE: Approve Budget Transfer and Budget Amendment from Boca Grande Community Park Impact Fee reserves, in the amount of $15,000.00, for the Boca Grande Improvements project; and amend the FY 10/11 - 14/15 CIP budget accordingly. (#20110109-PARKS AND RECREATION) FUNDING SOURCE: Fund - Impact Fee Construction - Community Park Boca; Program - Capital Projects; Project - Boca Grande Improvements. WHAT ACTION ACCOMPLISHES: Provides budget for the Boca Grande Improvements project. MANAGEMENT RECOMMENDATION: Approve. Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried. RESOLUTION NO. 11-03-03 10. PUBLIC SAFETY No requests received. 11. PUBLIC WORKS ADMINISTRATION ---------------------------------------------APPROVED MINUTES OF 030111R-------------------------------------------------------------- Page 4 BOOK - 2011R - B.O.C.C.------------------------------------------------------------------------------------------------------------------ PAGE: 103 No requests received. 12. TRANSPORTATION A) ACTION REQUESTED/PURPOSE: Approve, and authorize the Chair to execute, Supplemental Task Authorization (STA) #1 under project CN-10-08 Miscellaneous Professional Services, to Kisinger Campo Associates Corp. (a local firm) in the not-to-exceed amount of $244,644.85, to provide Construction Engineering Inspection (CEI) Services for various locations. (#20110123-TRANSPORTATION) FUNDING SOURCE: ($100,000.00 Local and $100,000.00 State) Fund – Transportation Capital Improvement; Program – Capital Projects; Project – Daniels Parkway. ($20,000.00) Fund - Transportation Capital Improvement; Program - Capital Projects; Project - Hickory Boulevard Paved Shoulders. ($24,644.85) Fund – Transportation Capital Improvement; Program – Major Maintenance; Project – Master Signal. WHAT ACTION ACCOMPLISHES: Provides a Consultant to verify that Contractor is conducting inspections, preparing reports and monitoring all storm water pollution prevention measures, analyze problems which arise on projects and proposals submitted by Contractor, work to resolve issues and process the necessary paperwork. Reports shall include the verification of quantity calculations and field measurements for payment purposes as needed to prevent delays in Contractor operations. MANAGEMENT RECOMMENDATION: Approve. Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried. 13. UTILITIES A) ACTION REQUESTED/PURPOSE: Developer Contributed Asset: Approve final acceptance, by Resolution, as a donation of water and gravity main extensions, to provide potable water service, fire protection and sanitary sewer service to Bella Terra, Phase 7B, a recently constructed phase of a residential development. This asset project is located on the south side of Corkscrew Road, approximately 1-2/3 miles west of Alico Road. (#20110112-UTILITIES) FUNDING SOURCE: No funds required. WHAT ACTION ACCOMPLISHES: Provides adequate utility infrastructure to support development of this phase of the subject property, and complies with the Lee County Utilities Design Manual. MANAGEMENT RECOMMENDATION: Approval. Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried. RESOLUTION NO. 11-03-04 B) ACTION REQUESTED/PURPOSE: Approve, and authorize the Chair to execute, Supplemental Task Authorization (STA) No. 1 to Contract No. 4325, under CN-08-04 Miscellaneous Electrical &/or Instrumentation Design Services for Utility Systems, to Tetra Tech, Inc., (a local consultant), for the project known as Electrical Energy Control Procedures in the not to exceed amount of $99,925.00. (#20110129-UTILITIES) FUNDING SOURCE: Utilities Operations Budget; Fund – Lee County Utilities Operations; Programs – Water Treatment Plants, Wastewater Treatment Plants, Water Distribution and Wastewater Collection; Project – Other Contracted Services. WHAT ACTION ACCOMPLISHES: Provides Lee County Utilities with a Consultant to investigate existing facilities create electrical energy control procedures specifically related to each facility and fully train maintenance staff on the procedures developed. MANAGEMENT RECOMMENDATION: Approval. ---------------------------------------------APPROVED MINUTES OF 030111R-------------------------------------------------------------- Page 5 BOOK - 2011R - B.O.C.C.------------------------------------------------------------------------------------------------------------------ PAGE: 104 Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried. C) ACTION REQUESTED/PURPOSE: Approve Supplemental Task Authorization (STA) No. 1 to Contract No. 5409, to David Douglas Associates, Inc., under CN-10-13 Miscellaneous Utility Engineering Design and/or Inspection, in the amount of $89,550.00; and authorize County Manager to execute STA on behalf of the Board. Further, approve use of this “Continuing Contract” for total estimated construction costs over $1 million that exceeds the current threshold established by Resolution 10-10-15 and Administrative Code 4-4. (#20110130-UTILITIES) FUNDING SOURCE: Fund: Utilities Water Connection Fees; Program: Capital Projects; Project: Gladiolus Water/Sewer Relocation – Pine Ridge to Winker. WHAT ACTION ACCOMPLISHES: Provides Lee County with a Consultant under an existing “Continuing Contract” to provide Professional Services for the Lee County Utilities (LCU) relocation work associated with proposed Lee County DOT improvements to A&W Bulb Rd. MANAGEMENT RECOMMENDATION: Approve. DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT: Consent Agenda Item 13c should be omitted from the agenda. It has already been approved as C13a on February 22, 2011 and was duplicated in error. Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried. 14. COUNTY ATTORNEY No requests received. 15. HEARING EXAMINER No requests received. 16. CONSTITUTIONAL OFFICERS A) ACTION REQUESTED/PURPOSE: Approve disbursement of excess funds resulting from the sale of tax deed certificates to a claimant verified and certified under Florida Statutes 197.582. Tax Deed No. Payee Amount 2009-005143 First American Mortgage, Inc. $27,750.00 (#20110153-DELINQUENT TAX) FUNDING SOURCE: Proceeds from a tax deed sale in excess of the taxes and/or liens owed are being held by the Board for disbursements in accord with Florida Statutes, Chapter 197. WHAT ACTION ACCOMPLISHES: Provides for disbursement of excess tax deed proceeds to an appropriate claimant in compliance with statutory rules and requirements. MANAGEMENT RECOMMENDATION: Approve disbursement to identified claimant. Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried. B) ACTION REQUESTED/PURPOSE: Approve the Minutes for the following meetings of the Board of County Commissioners held during the week of February 14 through February 18, 2011: February 15, 2011 (Regular) (#20110154-MINUTES) FUNDING SOURCE: N/A WHAT ACTION ACCOMPLISHES: Approval of the Board Minutes, pursuant to Florida Statute 286.011. ---------------------------------------------APPROVED MINUTES OF 030111R-------------------------------------------------------------- Page 6 BOOK - 2011R - B.O.C.C.------------------------------------------------------------------------------------------------------------------ PAGE: 105 MANAGEMENT RECOMMENDATION: Approve. Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried. C) ACTION REQUESTED/PURPOSE: Approve disbursements. The check and wire registers can now be viewed on the Clerk's Website at WWW.LEECLERK.ORG by accessing the BoCC Minutes and Documents link. (#20110155-FINANCE) FUNDING SOURCE: N/A 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). Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried. 17. PORT AUTHORITY AND OTHER GOVERNING BOARDS No requests received. ADMINISTRATIVE AGENDA 1. COUNTY ADMINISTRATION A) ACTION REQUESTED/PURPOSE: Formalize the collective Board members' approval of the reappointment of Dr. Rebecca Hamilton as the District 21 Medical Examiner. A letter will be mailed to the Medical Examiners Commission and Governor Rick Scott stating same. (#20110138-COUNTY MANAGER) FUNDING SOURCE: N/A WHAT ACTION ACCOMPLISHES: The Board’s formal approval in writing to reappoint Dr. Rebecca Hamilton as the District 21 Medical Examiner. MANAGEMENT RECOMMENDATION: Approval. Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried. B) ACTION REQUESTED/PURPOSE: Approve resolution that authorizes issuance of a loan from SunTrust Bank for up to $7,150,000.00 for the Capital Revenue Refunding Bank Loan, Series 2011 which refinances the Capital Revenue Bonds, Series 2000 for savings with a bank loan, and approve budget amendment resolutions to reflect this transaction. (#20110140-COUNTY MANAGER) FUNDING SOURCE: Bank Loan Proceeds. WHAT ACTION ACCOMPLISHES: Allows for the issuance of a bank loan to refinance the Capital Revenue Bonds, Series 2000 for savings. MANAGEMENT RECOMMENDATION: Approve the proposal from SunTrust Bank to provide funding for the refinancing of the Capital Revenue Bonds, Series 2000 with a bank loan for savings. Commissioner Manning moved approval, seconded by Commissioner Judah. At the request of Commissioner Mann, Assistant County Manager Pete Winton and Dunlap & Associates Financial Adviser Kelly Ryman further clarified the request, and noted that the refinancing would provide a better interest rate. The motion was called and carried. RESOLUTION NOS. 11-03-05, 11-03-06, & 11-03-07 2. COMMUNITY DEVELOPMENT ---------------------------------------------APPROVED MINUTES OF 030111R-------------------------------------------------------------- Page 7 BOOK - 2011R - B.O.C.C.------------------------------------------------------------------------------------------------------------------ PAGE: 106 No requests received. 3. CONSTRUCTION AND DESIGN No requests received. 4. COUNTY COMMISSIONERS No requests received. 5. COUNTY LANDS No requests received. 6. HUMAN SERVICES No requests received. 7. INDEPENDENT No requests received. 8. NATURAL RESOURCES/ SOLID WASTE No requests received. 9. PARKS AND RECREATION No requests received. 10. PUBLIC SAFETY No requests received. 11. PUBLIC WORKS ADMINISTRATION No requests received. 12. TRANSPORTATION No requests received. 13. UTILITIES No requests received. 14. COUNTY ATTORNEY CONVENE AS THE LEE COUNTY GOVERNMENTAL LEASING CORPORATION A) ACTION REQUESTED/PURPOSE: Meet as the Board of Directors of the Lee County Governmental Leasing Corporation to hold its Annual Meeting, approve the 2011 Annual Report to be filed on-line, and also approve the minutes of the corporate meetings of March 23, 2010 and May 18, 2010, in accordance with Chapter 617, Florida Statutes. (#20110101-COUNTY ATTORNEY) FUNDING SOURCE: None. WHAT ACTION ACCOMPLISHES: Maintains non-profit corporate status. MANAGEMENT RECOMMENDATION: Approve the 2011 Annual Report of the Lee County Governmental Leasing Corporation to be filed on-line, and approve the minutes of the corporate meetings of March 23, 2010 and May 18, 2010. ---------------------------------------------APPROVED MINUTES OF 030111R-------------------------------------------------------------- Page 8 BOOK - 2011R - B.O.C.C.------------------------------------------------------------------------------------------------------------------ PAGE: 107 SEE THE GOVERNMENTAL LEASING CORPORATION MINUTES FOR ACTION TAKEN. RECONVENE AS THE LEE COUNTY BOARD OF COUNTY COMMISSIONERS B) ACTION REQUESTED/PURPOSE: Approve settlement in Lee County v. Seaboard Coastline Co., et al., Case No. 10CA-3081, Parcel 102, South Fort Myers Water Transmission Line Project. (#20110139-COUNTY ATTORNEY) FUNDING SOURCE: Fund: Utilities Capital Improvements; Program: Capital Project; Project: South Fort Myers Water Transmission Line Improvements. WHAT ACTION ACCOMPLISHES: Settles all claims for acquisition of easement. MANAGEMENT RECOMMENDATION: Approve. Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried. C) ACTION REQUESTED/PURPOSE: Adopt Resolutions of Necessity for the acquisition and condemnation of Parcels 147, 151, 156, 156-DE, 208A and 208B required for the Ortiz Avenue Widening, Project No. 4072. (#20110148-COUNTY ATTORNEY) FUNDING SOURCE: No funds are required. WHAT ACTION ACCOMPLISHES: Allows the County to proceed with condemnation, if required, so Parcels 147, 151, 156, 156-DE, 208A and 208B can be acquired for the Ortiz Avenue Widening Project. MANAGEMENT RECOMMENDATION: Approve. Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried. RESOLUTION NOS.11-03-08 THROUGH 11-03-11 15. HEARING EXAMINER No requests received. 16. CONSTITUTIONAL OFFICERS No requests received. 17. PORT AUTHORITY AND OTHER GOVERNING BOARDS No requests received. WALK-ON ITEM NO. 1 WAS HEARD DURING THE PRESENTATION PORTION OF THE MEETING. WALK-ON ITEM NO 1 ACTION REQUESTED/PURPOSE: Ceremonial presentation recognizing Twins spring training. (#20110177-Commissioner Mann) Commissioner Mann read and presented a Resolution stating that the Board of County Commissioners, along with Lee County’s Parks & Recreation Department, Visitor & Convention Bureau, Sports Authority and Facilities Management Division, hereby proclaiming its full support for the Minnesota Twins organization and extending their most sincere best wishes for success in the upcoming 2011 baseball season. Minnesota Twins Senior Vice President and General Manager Bill Smith accepted the Resolution, and thanked the Board. WALK-ON ITEM NO 2 14. COUNTY ATTORNEY 2. ACTION REQUESTED/PURPOSE: ---------------------------------------------APPROVED MINUTES OF 030111R-------------------------------------------------------------- Page 9 BOOK - 2011R - B.O.C.C.------------------------------------------------------------------------------------------------------------------ PAGE: 108 Discuss and consider entering into an Employment Agreement with selected candidate Michael D. Hunt for services to be performed as the Lee County Attorney. If approved by the Board, authorize the Chair to execute same on behalf of the Board. (#20110166-COUNTY ATTORNEY) FUNDING SOURCE: General Fund – County Attorney – Operating WHAT ACTION ACCOMPLISHES: All Employment agreements must be approved by the Board. Allows the Board of County Commissioners to discuss the County Attorney Employment Agreement and take action. REASON FOR WALK ON: It was directed at the 2-8-11 meeting that Commissioner Mann would do the contract negotiations and bring it back to the Board to finalize. Referring to the Employment Agreement, Commissioner Mann pointed out two (2) items negotiated with Attorney Hunt: four days of Administrative leave with pay to attend the graduation of his daughter and moving expenses. Board discussion ensued with Human Resources Director Christine Brady and Interim County Attorney Andrea Fraser responding to questions regarding severance pay. Following Board discussion, with Commissioners Judah and Hall expressing discomfort with the negotiated package, Commissioner Manning moved approval, seconded by Commissioner Bigelow, called and carried with Commissioners Hall and Judah voting nay. Further discussion ensued, with Commissioner Manning moving to allow the four days of Administrative leave, seconded by Commissioner Bigelow, called and carried with Commissioners Judah and Hall voting nay. COMMISSIONER ITEMS FELLOWSHIP AT BONITA SPRINGS – Commissioner Hall thanked the host Committee of the City of Bonita Springs for the Prayer Breakfast she and Commissioner Judah attended this morning, with approximately 900 residents in attendance. NORTH FORT MYERS CIVIC ASSOCIATION – Commissioner Hall stated that the North Fort Myers Civic Association President Gregg Makepeace and Vice President Jack Howerton will be requesting the Board for an advance from the FY 12/13 to the FY 11/12 budget for the North Fort Myers Regional Recreational Facility. She further noted that copies of the letter would be forwarded to the Board members. LETTER TO FDEP REGARDING MOSAIC MINING/WINGATE CREEK MINE – Referring to his previous Commissioner Item of February 22nd, Commissioner Judah moved to send the letter to the Florida Department of Environmental Protection (FDEP) regarding the Mosaic Mining/Wingate Creek Mine, seconded by Commissioner Hall, called and carried. CEITUS BOATLIFT AND BARRIER – Commissioner Bigelow suggested the Board collectively take up the Ceitus Boatlift and Barrier issues. Commissioner Manning indicated that two (2) meetings had been held recently one in an attempt for a compromise on the Ceitus Boat issue and the other to clarify issues surrounding the MS4 Permit. He further noted that the City has been informed that the County’s position has not changed. Following Commissioner Judah’s request for a timeline on this issue; Commissioner Manning confirmed that the Department of Environmental Protection (DEP) has promised an expeditious response, and noted that this issue was between the City of Cape Coral and the DEP. Commissioners Judah and Hall request that the Attorney’s Office supply the timeline set forth by DEP and the possible consequences. PUBLIC HEARING ANNOUNCEMENT – At the request of Parks and Recreation Director Barbara Manzo, Chairman Mann announced there would be a public hearing on March 24, 2011 at 6:00 p.m. at the Caloosahatchee Camp Ground to receive input from the public on the Caloosahatchee Land Stewardship Plan. COMMITTEE APPOINTMENTS Commissioner Manning moved to appoint Ronald Gutman to the GASPARILLA ISLAND MUNICIPPAL SERVICE BENEFIT UNIT, seconded by Commissioner Hall, called and carried. Commissioner Bigelow moved to appoint Carol Newcomb-Jones to the COMMUNITY SUSTAINABILITY COMMITTEE, and Donald Hawk to the LAND DEVELOPMENT CODE ADVISORY COMMITTEE, seconded by Commissioner Hall, called and carried. COUNTY MANAGER ITEMS County Manager Karen Hawes had no items to be discussed. COUNTY ATTORNEY ITEMS ---------------------------------------------APPROVED MINUTES OF 030111R-------------------------------------------------------------- Page 10 BOOK - 2011R - B.O.C.C.------------------------------------------------------------------------------------------------------------------ PAGE: 109 Interim County Attorney Andrea R. Fraser had no items to be discussed. The Chairman adjourned the meeting at 10:31 a.m. ATTEST: CHARLIE GREEN, CLERK __________________________ Deputy Clerk ______________________________ Chairman, Lee County Commission ---------------------------------------------APPROVED MINUTES OF 030111R--------------------------------------------------------------