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BOOK - 2011R - B.O.C.C.------------------------------------
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MAY 03, 2011
The
Regular Meeting
of the
was held on this date with the
following Commissioners present:
The Chairman called the meeting to order at 9:30 a.m. A moment of silence was requested for former
Sanibel Mayor Carla Brooks Johnston, followed by an Invocation from Reverend Dennis Gingerich of Cape Christian
Fellowship, and the Pledge of Allegiance. Later in the meeting, it was announced that there would be a memorial
service for recently deceased Conservation 20/20 member Joanne Fowler, at her family ranch in Alva on Saturday
May 7 at 11 a.m.
PRESENTATIONS
(HEARD IN REVERSE ORDER)
Commissioner Mann read and presented a Ceremonial Resolution proclaiming the month of May 2011
as Amyotrophic Lateral Sclerosis (ALS) Awareness Month in Lee County and recognizing the research being done to
eradicate this horrible disease. Southwest Florida ALS Association Florida Chapter Care Coordinator Patti Stanco,
ALS Clinic Director Alan Cunningham, and Hilde Heard accepted the Resolution; and requested community support
for bringing more awareness to this devastating disease. (
#20110328-
Commissioner Mann)
Commissioner Hall read and presented a Ceremonial Resolution extending greetings and best wishes to
all observing May as Trauma Awareness Month. Lee Memorial trauma physician Dr. Robert O’Conner, along with
trauma survivor (Damon) Dan Meyer and trauma survivor parent Scott Grant accepted the Resolution, and each
expressed heartfelt gratitude for and encouraged support of this lifesaving program.
(
#20110336-
Commissioner Hall)
ANNOUNCEMENTS
Referring to the Agenda
Recap Sheet dated May 3, 2011,
the Chairman announced that:
Consent Agenda Item 7A should be deferred until May 10, 2011 to allow further review.
Commissioner Bigelow moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Judah absent.
Consent Agenda Item 5A should be moved to the Administrative Agenda to allow for further
discussion.
Commissioner Bigelow moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Judah absent.
One Walk-On Item would be heard at the appropriate time in the agenda.
9:30 A.M. AGENDA ITEM
- Public Comment on Agenda Items
Consent (C) and Administrative (A)
Each of the following speakers expressed support for Item A5A, which was moved from the Consent to the
Administrative Agenda under the Recap items.
representative
Pete Quasius
Estero resident
Nick Batos
Attorney
of the Pavese Law Firm representing Coral Creek LLC
Edison Farms/Agripartners representative
Brooks Concerned Citizens representative
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BOOK - 2011R - B.O.C.C.------------------------------------
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Conservation Land Acquisition and Stewardship Advisory Committee (CLASAC), member
George
Wheaton.
The following are the Consent Agenda items that each Board member wished to have discussed:
Commissioner Bigelow – 13C
Commissioner Judah - none
Commissioner Mann - none
Commissioner Manning - none
Commissioner Hall - none
CONSENT AGENDA
1. COUNTY ADMINISTRATION
No requests received.
2. COMMUNITY DEVELOPMENT
A)
ACTION REQUESTED/PURPOSE:
Authorize a one-time exception under the homeownership rehabilitation strategy of the
SHIP plan to exempt
Contract C-5462
with Habitat from Humanity from recapture
provisions. Also, extend contract C-5462 from May 31, 2011 to August 31, 2011.
(
#20110325-
COMMUNITY DEVELOPMENT)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Allows the completion of the rehabilitation of Habitat homes that have tested positive for
defective drywall.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall 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
A)
ACTION REQUESTED/PURPOSE:
approved by the Conservation Land Acquisition and Stewardship Advisory Committee
(CLASAC); and direct Staff and CLASAC to continue with the willing seller nomination
intake process to include the Board adopted (10/07) Initial Criteria Review only being
completed on each nomination. (
#20110326-
COUNTY LANDS)
FUNDING SOURCE:
Fund: Conservation 20/20 Capital Improvement Funds; Program: Capital Project; Project:
Conservation 20/20, Land Purchase.
WHAT ACTION ACCOMPLISHES:
Provides Staff and CLASAC with specific direction on the use of current and future
Conservation 20/20 acquisition funds.
MANAGEMENT RECOMMENDATION:
Approve.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
This item should be moved to the Administrative Agenda to allow for further discussion. Commissioner Bigelow
moved approval, seconded by Commissioner Manning, called and carried with Commissioner Judah absent.
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6. HUMAN SERVICES
A)
ACTION REQUESTED/PURPOSE:
Approve
for
related documents. (
#20110323-
HUMAN SERVICES)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Allows reallocation of funds to prioritized activities.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
7. INDEPENDENT
A)
ACTION REQUESTED/PURPOSE:
Board of County Commissioners.
(
#20110324-
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Provides the County with completed 70+ miles of fiber optic network in return for
allowing FiberNet access to spare County-owned fiber/conduit.
MANAGEMENT RECOMMENDATION:
Approve.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
Consent Agenda Item 7A should be deferred until May 10, 2011 to allow for further review. Commissioner Bigelow
moved approval, seconded by Commissioner Manning, called and carried with Commissioner Judah absent.
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
A)
ACTION REQUESTED/PURPOSE:
Developer Contributed Asset: Approve final acceptance, by Resolution and recording of
one (1) utility easement,
as a donation of a water main relocation, one potable water
service, and one 6-inch diameter fire line, to provide water service and fire protection to
commercial development. This project is located at the northeast corner of Daniels
#20110307-
UTILITIES)
FUNDING SOURCE:
N/A
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BOOK - 2011R - B.O.C.C.------------------------------------
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WHAT ACTION ACCOMPLISHES:
Provides adequate utility infrastructure to support development of the subject property, and
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NO. 11-05-01
B)
ACTION REQUESTED/PURPOSE:
Developer Contributed Asset: Approve final acceptance, by Resolution, as a donation of
Buckingham Road from Bird Road to Binet Road. (
#20110313-
UTILITIES)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Utilities Design Manual.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NO. 11-05-02
C)
ACTION REQUESTED/PURPOSE:
Approve, and authorize Chair to execute, a
Third Amendment to the Agreement
for a
May 31, 2012. (
#20110317-
UTILITIES)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
facilities that are separate from routine connections must be approved by the Board of
County Commissioners.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
Following a brief history of this item by Utilities Deputy Director Tom Hill, Commissioner Bigelow 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
disbursements.
The check and wire registers may be viewed on the Clerk's
Website at WWW.LEECLERK.ORG by accessing the BoCC Minutes and Documents
link. (
#20110337-
FINANCE)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
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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 Hall 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 April 18 through April 22, 2011:
April 18, 2011 (Zoning) April 19, 2011 (Regular)
April 20, 2011 (Joint BoCC and Constitutional Officers)
(
#20110338-
MINUTES)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Approval of the Board Minutes, pursuant to Florida Statute 286.011.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
No requests received.
ADMINISTRATIVE AGENDA
1. COUNTY ADMINISTRATION
No requests received.
2. COMMUNITY DEVELOPMENT
No requests received.
3. CONSTRUCTION AND DESIGN
No requests received.
4. COUNTY COMMISSIONERS
No requests received.
5. COUNTY LANDS
A)
ACTION REQUESTED/PURPOSE:
approved by the Conservation Land Acquisition and Stewardship Advisory Committee
(CLASAC); and direct Staff and CLASAC to continue with the willing seller nomination
intake process to include the Board adopted (10/07) Initial Criteria Review only being
completed on each nomination. (
#20110326-
COUNTY LANDS)
FUNDING SOURCE:
Fund: Conservation 20/20 Capital Improvement Funds; Program: Capital Project; Project:
Conservation 20/20, Land Purchase.
WHAT ACTION ACCOMPLISHES:
Provides Staff and CLASAC with specific direction on the use of current and future
Conservation 20/20 acquisition funds.
MANAGEMENT RECOMMENDATION:
Approve.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
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Consent Agenda Item 5A should be moved to the Administrative Agenda to allow for further discussion.
Commissioner Bigelow moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Judah absent.
County Lands Acquisition Program Manager Robert Clemons responded to the question by Chairman Mann on a
potential contractual partnership with the Trust for Public Lands (TPL), and also corrected a recent misleading media
report. County Attorney Michael Hunt opined on the question by Chairman Mann on the binding of future Board
members to any multi-year contract that may be approved by this current Board. Mr. Clemons addressed the County’s
appraisal process, in response to public comment earlier in the meeting, and responded to Board questions and
comments. Following further discussion on the process that would be followed should the County contract with TPL,
and a recommendation by Commissioner Hall to review the current Ordinance in a workshop format with CLASAC
members as to goals and objectives, Commissioner Judah moved approval, seconded by Commissioner Manning. The
motion was called and carried after further brief discussion.
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
A)
ACTION REQUESTED/PURPOSE:
parcels 190 and 191, Burnt Store Road Project. (
#20110316-
COUNTY ATTORNEY)
FUNDING SOURCE:
Fund: toll surplus, land; Program: Capital Improvement Project; Project: Burnt Store
Road Widening.
WHAT ACTION ACCOMPLISHES:
Settles all claims for condemnation of parcels 190 and 191.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
15. HEARING EXAMINER
No requests received.
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16. CONSTITUTIONAL OFFICERS
No requests received.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
No requests received.
WALK-ON ITEM NO. 1
8. NATURAL RESOURCES/ SOLID WASTE
1. ACTION REQUESTED/PURPOSE:
Reschedule the Public Hearing related to the consideration of amendments to County
Ordinance 08-10 (flow control of recycling materials), currently scheduled for May 24,
2011 at 5:00 PM, to May 31, 2011 at 9:30 AM. (
#20110360-
SOLID WASTE)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Reschedules a Public Hearing agenda item.
MANAGEMENT RECOMMENDATION:
Approve.
REASON FOR WALK ON:
Necessary to reschedule due to a conflict with a Commissioner’s schedule.
Commissioner Manning moved approval, seconded by Commissioner Judah. In response to a request by
Commissioner Bigelow, Deputy Director for Solid Waste Keith Howard agreed to provide a working draft copy of the
proposed Ordinance to the Board. The motion was called and carried.
COMMISSIONER ITEMS
BUNCHE BEACH PADDLEBOARD FESTIVAL – Commissioner Judah expressed the County’s
gratitude to Betsy Clayton and Parks and Recreation staffer Vicky Little and those additional staffers involved on a
most successful recent Paddleboard event that highlighted the recreational offerings of Bunche Beach.
PARKS AND RECREATION ATTAINMENT - Commissioner Judah commended the entire Parks
- Fertilizer Ordinance may not pass; however the House has strongly suggested grandfathering Lee and
similar counties if it should pass.
- Mining language in a Bill affecting only Lee County has been stricken thanks to Rep. Gary Aubuchon
with the support of Rep. Trudy Williams and Rep. Matt Caldwell; however, the Bill itself still may not pass.
ability to regulate requirements; however, the most favored approach is to abolish the Bill which would take Lee back
to the place it was in two years ago.
THANK YOU LETTER - Commissioner Mann referenced a gracious letter of appreciation from the
stepfather of Gordon (Booch) DeMarchi, thanking the County for their tributes to his son throughout his illness.
COMMITTEE APPOINTMENTS
GASPARILLA ISLAND
MUNICIPAL SERVICE BENEFIT UNIT,
seconded by Commissioner Judah, called and carried.
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PALMONA PARK
COMMUNITY ACTION AGENCY/NEIGHBORHOOD DISTRICT,
seconded by Commissioner Manning,
called and carried.
COMMUNITY SUSTAINABILITY
ADVISORY BOARD,
seconded by Commissioner Hall, called and carried.
COMMUNITY SUSTAINABILITY
ADVISORY BOARD,
PARKS & RECREATION SERVICES
ADVISORY BOARD
, seconded by Commissioner Hall, called and carried.
COUNTY MANAGER ITEMS
COUNTY ATTORNEY ITEMS
The Chairman adjourned the meeting at 11:05 a.m.
__________________________
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