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BOOK - 2011R - B.O.C.C.-----------------------------------
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DECEMBER 6, 2011
The
Regular Meeting
of the
was held on this date with the
following Commissioners present:
The Chairman called the meeting to order at 9:30am. Commissioner Manning asked for a moment of
silence to remember Kevin Shea from Lehigh Acres. The Invocation was given by Pastor David Deaton, Life Church,
followed by the Pledge of Allegiance to the Flag.
PRESENTATIONS
th
(#20111002-
Commissioner Judah)
ANNOUNCEMENTS
Referring to the
Agenda Revision Recap Sheet
dated December 6, 2011, the Chairman announced that:
One item would be heard at the appropriate time.
9:30 A.M. AGENDA ITEM
- Public Comment on Agenda Items
Consent (C) and Administrative (A)
The Chairman called for public comment; however, no one came forward.
The following are the Consent Agenda items that each Board member wished to have discussed:
Commissioner Hall - None
Commissioner Manning None
Commissioner Judah - None
Commissioner Mann - None
Commissioner Bigelow - None
CONSENT AGENDA
1. COUNTY ADMINISTRATION
A)
ACTION REQUESTED/PURPOSE:
Approve and authorize Chairman to execute
interlocal agreements
(
#20110968-
VISITOR AND CONVENTION BUREAU)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Provides a mechanism to reimburse agencies with TDC beach and shoreline program
funds.
MANAGEMENT RECOMMENDATION:
Recommend approval.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
2. COMMUNITY DEVELOPMENT
No request received.
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3. CONSTRUCTION AND DESIGN
A)
ACTION REQUESTED/PURPOSE:
A) Authorize staff to serve as the Construction Manager and solicit informal sub-
Bridge Parkway, in accordance with Section 255.20, Florida Statutes, where a project cost
will not exceed $300,000.
(
#20110941-
CONSTRUCTION AND DESIGN)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
4. COUNTY COMMISSIONERS
No request received.
5. COUNTY LANDS
A)
ACTION REQUESTED/PURPOSE:
(A) Approve re-conveyance of a portion of a Viewer’s Road, currently known as Brown
(B) Authorize Chairman to execute
County Deed;
and
transaction. (
#20110969-
COUNTY LANDS)
FUNDING SOURCE:
All costs are to be paid by requestor.
WHAT ACTION ACCOMPLISHES:
Returns the portion of Brown Road, not being used for intended purposes, to the adjacent
owner.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
6. HUMAN SERVICES
A)
ACTION REQUESTED/PURPOSE:
Approve budget amendment resolutions for $1,936,459 in the Community Development
HOME
Investment Partnerships Program fund #13921; and $94,625 in the Emergency Shelter
Housing and Urban Development (HUD) funds awarded for FY 11-12.
(
#20110966-
HUMAN SERVICES)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
FY 11-12.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
RESOLUTION NOS. 11-12-01 THRU 11-12-03 AND 11-12-11
B)
ACTION REQUESTED/PURPOSE:
1) Accept FY 2011-2012 supplemental funding in the amount of $91,250.00 from
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$91,250.00 for county FY 11-12.
sub recipient agreements
and necessary future amendments
once completed.
(#20110948-
HUMAN SERVICES)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Shelter to divert individuals with behavioral health crisis from the criminal justice system.
manage sub recipients agreements and prepare monthly reports.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
RESOLUTION NO. 11-12-04
7. INDEPENDENT
No request received.
8. NATURAL RESOURCES/SOLID WASTE
No request received.
9. PARKS AND RECREATION
No request received.
10. PUBLIC SAFETY
No request received.
11. PUBLIC WORKS ADMINISTRATION
No request received.
12. TRANSPORTATION
A)
ACTION REQUESTED/PURPOSE:
Approve
Temporary Access Easement Agreement/Release of Claims
(
#20110973-
TRANSPORTATION)
FUNDING SOURCE:
Fund - MSTBU Restricted and Transportation Trust; Program – MSTBU Restricted and
Transportation Operations Roadway.
WHAT ACTION ACCOMPLISHES:
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
13. UTILITIES
A)
ACTION REQUESTED/PURPOSE:
20110958/20465, MMM/SDG): Approve final acceptance, by Resolution and recording of
one (1) utility easement,
as a donation of a water main extension, one 6'' diameter fire line,
and a single sewer service, to provide potable water service, fire protection and sanitary
place of worship. This is a Developer contributed asset project located on the west side of
Winker Road approximately ½ mile south of McGregor Boulevard.
(
#20110958-
UTILITIES)
FUNDING SOURCE:
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No funds required.
WHAT ACTION ACCOMPLISHES:
Provides adequate utility infrastructure to support development of the subject property and
MANAGEMENT RECOMMENDATION:
Approval.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
RESOLUTION NO. 11-12-05
B)
ACTION REQUESTED/PURPOSE:
Developer Contributed Asset – Watrous Plantation, Phase 1 (BS 2011/, THO/SDG):
Approve construction of water distribution and gravity collection systems serving
‘WATROUS PLANTATION, PHASE 1’, BACKBONE INFRASTRUCTURE, to provide
potable water service, fire protection, and sanitary sewer service to this phase of the
proposed residential development. This is a Developer contributed asset project located on
the south side of Iona Road approximately 1 mile west of McGregor Boulevard.
(#20110970-
UTILITIES)
FUNDING SOURCE:
No funds required.
WHAT ACTION ACCOMPLISHES:
Provides adequate utility infrastructure to support future development of the subject
MANAGEMENT RECOMMENDATION:
Approval.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
14. COUNTY ATTORNEY
A)
ACTION REQUESTED/PURPOSE:
Adopt Resolutions extending the commencement, phase, build out and expiration dates for
the Merchants Crossing DRI, Shell Point DRI, Stoneybrook DRI and Timberland &
Tiburon DRI by four years.
(#20110976-
COUNTY ATTORNEY)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Extends the commencement, phase, build out and expiration dates in accordance with
MANAGEMENT RECOMMENDATION:
Adopt Resolution approving Development Order Amendments for each DRI.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
RESOLUTION NOS.11-12-06 thru 11-12-09
15. HEARING EXAMINER
No request received.
16. CONSTITUTIONAL OFFICERS
A)
ACTION REQUESTED/PURPOSE:
Request Board approves
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.
(#20111003-
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 Hall moved approval, seconded by Commissioner Mann, called and carried.
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B)
ACTION REQUESTED/PURPOSE:
Approve the Minutes for the following meetings of the Board of County Commissioners
held during the week of November 21 through November 25, 2011
November 21, 2011 (Zoning).
(#20111004-
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 Mann, called and carried.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
No request received.
ADMINISTRATIVE AGENDA
1. COUNTY ADMINISTRATION
No request received.
2. COMMUNITY DEVELOPMENT
No request received.
3. CONSTRUCTION AND DESIGN
No request received.
4. COUNTY COMMISSIONERS
No request received.
A)
ACTION REQUESTED/PURPOSE:
(#20110991-
COUNTY COMMISSIONERS)
FUNDING SOURCE:
There currently is no budget. Many of the proposed activities have no cost. Others
represent a loss of potential revenue rather than a hard cost. The final celebration in
December 2012 would come from the General Fund.
WHAT ACTION ACCOMPLISHES:
Give direction to staff to incorporate the 125th anniversary into the activities already
planned for departments in 2012.
MANAGEMENT RECOMMENDATION:
Approve activities that do not require additional budget, additional lost revenue, or
increase in staff resources.
District #3 Executive Assistant Molly Schweers narrated a Power Point presentation, noting monthly activities to
5. COUNTY LANDS
No request received.
No request received.
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7. INDEPENDENT
No request received.
8. NATURAL RESOURCES/SOLID WASTE
No request received.
9. PARKS AND RECREATION
No request received.
10. PUBLIC SAFETY
A)
ACTION REQUESTED/PURPOSE:
(A.) Approve additional language and authority (items B, C, and D below) under existing
Bid Waiver # W-080165 which was Board approved on February 19, 2008.
(B.) Request that the Board authorize the Chair on behalf of the BOCC to execute and
sign the required annual
Products and Services Agreement
(Attachment #1) as well as
annual agreements required for succeeding years under this waiver.
(C.) Acknowledge and accept the name change of the vendor from Embarq to
CenturyLink.
(D.) Request that all of the privileges; estimated annual expenditure of $1,775,000; and
term(s) granted under the original waiver remain in effect as originally written.
(#20110951-
PUBLIC SAFETY)
FUNDING SOURCE:
Fund: E-911 Operations.
WHAT ACTION ACCOMPLISHES:
Allows the Public Safety e-911 Program to procure the necessary equipment and
maintenance for the county-wide operated emergency 9-1-1 telephone system.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried.
11. PUBLIC WORKS ADMINISTRATION
No request received.
12. TRANSPORTATION
No request received.
13. UTILITIES
No request received.
14. COUNTY ATTORNEY
A)
ACTION REQUESTED/PURPOSE:
to be
effective from October 1, 2011, through September 30, 2012.
(#20110953-
COUNTY
ATTORNEY)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Completes negotiations.
MANAGEMENT RECOMMENDATION:
Both Parties have conscientiously worked on the Collective Bargaining Agreement and
recommend approval by the Board.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
B)
ACTION REQUESTED/PURPOSE:
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Acknowledge
publication of the newly established county commission district boundaries.
(#20110961-
COUNTY ATTORNEY)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Complies with statutory requirements to enter the proof of publication of new district
boundaries on the minutes of the Board.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried.
15. HEARING EXAMINER
No request received.
16. CONSTITUTIONAL OFFICERS
No request received.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
No request received.
WALK-ON ITEM NO. 1
1. ACTION REQUESTED/PURPOSE:
1) Approve
Change Order No. 2
OLD 41 TO LIME STREET for OldCastle Contracting d/b/a APAC Southeast, Inc., Contract No.
5697 in the amount of $187,626.00. The Change Order adds 60 days to the contract due to delay
from utility relocations.
(#20110959-
TRANSPORTATION)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Increases contract amount to compensate contractor for additional work to revise maintenance of
traffic plans and phasing to provide a 5-lane section rather than four lanes undivided,
revise/update signals to meet current standards, and change to asphalt base in an area over a gas
main for safety.
MANAGEMENT RECOMMENDATION:
Approve.
REASON FOR WALK ON:
It is necessary to expedite approval of the change order so the contractor doesn't have to stop
work. The change order provides for updated Maintenance of Traffic plans necessary to have a
five lane section rather than a four lane section during contractor construction.
Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried.
COMMISSIONER ITEMS
LEAGUE OF WOMAN VOTERS – Commissioner Hall recognized Rick Berges for providing a
slideshow presentation on Saturday, and noted the Everglades Coalition meetings would take place January 4
th
thru
the 8
th
Staff and the Department of Natural Resources to look into possible dredging activities in repair of markers along the
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setting up routine meetings with the County Manager concerning upcoming Administrative Code amendments.
AMENDMENTS TO THE L.D.C.-Commissioner Manning noted he had
sent a memo
requesting
amendments to the Land Development Code scheduled for the 13
th
regarding the Matlacha Overlay District provisions
be deferred. Commissioner Hall moved to defer, seconded by Commissioner Mann. Following comments by
Commissioner Bigelow, the motion was called and carried..
COMMITTEE APPOINTMENTS
LOCAL PLANNING AGENCY
COMMITTEE DISTRICT 4
BIRKDALE STREETLIGHTING UNIT COMMITTEE
DISTRICT 4,
BIRKDALE STREETLIGHTING UNIT COMMITTEE DISTRICT 4
,
Margaret Banyan to the
COMMUNITY SUSTAINABILITY COMMITTEE
LOCAL
PLANNING AGENCY COMMITTEE DISTRICT 4,
seconded by Commissioner Mann, called and carried.
COMMUNITY
SUSTAINABILITY ADVISORY COMMITTEE DISTRICT #5
, Karen Swanbeck to the
COASTAL
LOCAL PLANNING
AGENCY COMMITTEE DISTRICT #5
HISTORIC PRESERVATION ADVISORY
COMMITTEE
EXTENSION SERVICES ADVISORY COMMITTEE DISTRICT #5-
AT LARGE
, Durward Hussey to the
PLUMBING BOARD OF ADJUSTMENTS & APPEALS COMMITTEE
AT LARGE-CONTRACTOR
CONSTRUCTION BOARD OF ADJUSTMENTS &
APPEALS COMMITTEE AT LARGE-MOBILE HOME INSTALLER
, seconded by Commissioner Hall, called
and carried.
NORTHEAST HURRICANE BAY
MSTU COMMITTEE
NORTHEAST HURRICANE BAY MSTU COMMITTEE
, Denis
Krsnak to the
NORTHEAST HURRICANE BAY MSTU COMMITTEE,
NORTHEAST HURRICANE BAY MSTU COMMITTEE
COASTAL ADVISORY
, Laura Roler to the
EXTENSION SERVICES COMMITTEE
PALMETTO POINT AND PALMETTO POINT UNIT 2 SPECIAL IMPROVEMENT DISTRICT
COMMITTEE
COMMUNITY SUSTAINABILITY COMMITTEE,
seconded by
Commissioner Hall, called and carried.
RESOLUTION NO. 11-12-10)
and
,
COMMITTEE BUSINESS OWNER IN EZ
ZONE COMMITTEE BUSINESS OWNER IN EZ
, Misty Nabers to the
COMMITTEE AT-LARGE (GASPARILLA ISLAND/BOCA GRANDE)
, Heidi Taulman to the
COMMUNITY
SUSTAINABILITY COMMITTEE DISTRICT #1
LOCAL PLANNING AGENCY
COMMITTEE DISTRICT #1.
Commissioner Hall moved approval, seconded by Commissioner Judah, called and
carried.
COUNTY MANAGER ITEMS
COUNTY ATTORNEY ITEMS
so moved, seconded by Commissioner Manning, called and carried.
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The Chairman adjourned the meeting at 10:05am.
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