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BOOK - 2011R - B.O.C.C.------------------------------------
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AUGUST 02, 2011
The
Regular Meeting
of the
was held on this date with the
following Commissioners present:
COMMISSIONER JUDAH WAS ABSENT FOR THE ENTIRE MEETING.
The Chairman called the meeting to order at 9:31 a.m. The Invocation was given by the Chairman,
followed by the Pledge of Allegiance.
PRESENTATIONS
Commissioner Hall read and presented a Resolution proclaiming August 1st through 7th, 2011 as National Clown
Week in Lee County and called upon all citizens to join in appreciation of the fine work these gifted people do in
order to make our lives a little more enjoyable. Representatives of Caloosa Clown Alley, a chapter of the Clowns of
America International, accepted the Resolution and thanked the Board. (
#20110599-
COMMISSIONER HALL)
Commissioner Bigelow read and presented a Resolution recognizing and praising Lee Tran employee Peter Borges for
meritorious, exemplary and heroic service to a citizen in need of immediate emergency assistance in Lee County, and
urged all citizens to recognize this individual for outstanding commitment to one of his fellow citizens. Mr. Borges
accepted the Resolution and graciously thanked the Board. (
#20110600-
COMMISSIONER BIGELOW)
ANNOUNCEMENTS
Referring to the
Agenda Recap Sheet
dated August 2, 2011, the Chairman announced that:
A14B was requested to be revised to reflect the Management Recommendation to DENY.
Following clarification that the County Attorney had formally requested the revision, Commissioner
Manning moved approval, seconded by Commissioner Hall, called and carried with Commissioner Judah absent.
heard at the appropriate times in the agenda.
9:30 A.M. AGENDA ITEM
- Public Comment on Agenda Items
Consent (C) and Administrative (A)
A14B –
A14B –
Two additional citizens were advised that their issues were not agenda items and would be taken up at
a later date.
The following are Consent Agenda items that each Board member wished to have discussed:
Commissioner Hall - none
Commissioner Manning - none
Commissioner Bigelow – 1B, 7A and 10C
Commissioner Mann – 1A
CONSENT AGENDA
1. COUNTY ADMINISTRATION
A)
ACTION REQUESTED/PURPOSE:
FIRST Incentive Program award of $1,000,000.00 subject to execution and final approval
of an agreement setting forth performance criteria that must be satisfied to obtain payment.
Approve Resolution supporting Project LC-11-05-02 as a qualified applicant for the State
Industrial Development Authority (IDA) on July 15, 2011. Project #LC-11-05-02 consists
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of a multi-national business enterprise. (
#20110569-
ECONOMIC DEVELOPMENT)
FUNDING SOURCE:
No funding required at this time.
WHAT ACTION ACCOMPLISHES:
paying, target industry based employment.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
Economic Development Director Jim Moore provided an overview of the FIRST Incentive Program at the request of
Commissioner Mann, and specifics on the subject item. Commissioner Manning moved approval, seconded by
Commissioner Hall. Under discussion, Commissioner Bigelow speculated on the subject applicant, and expressed
concern as to its financial need. He also requested further financial background information on the applicant prior to
approval for transfer of any funds. Chairman Mann cautioned on violating confidentiality restrictions at this time, and
the motion was called and carried with Commissioner Judah absent.
RESOLUTION NO. 11-08-01
B)
ACTION REQUESTED/PURPOSE:
Approve
transfer
of General Fund reserves in the amount of $5,000,000.00 for VR
Laboratories, LLC. (
#20110579-
ECONOMIC DEVELOPMENT)
FUNDING SOURCE:
General Fund reserves.
WHAT ACTION ACCOMPLISHES:
Moves funds from the FIRST program reserve account to the VR Laboratories, LLC
account.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
Commissioner Bigelow advised that he had previously voted against the original request for economic development
support, and would not be supporting the fund transfer. Commissioner Manning moved approval, seconded by
Commissioner Hall, called and carried with Commissioner Bigelow voting nay, and Commissioner Judah absent.
C)
ACTION REQUESTED/PURPOSE:
Approve
transfer
of General Fund reserves in the amount of $1,000,000.00 for Source
Interlink Companies. (
#20110581-
ECONOMIC DEVELOPMENT)
FUNDING SOURCE:
General Fund reserves.
WHAT ACTION ACCOMPLISHES:
Moves funds from the FIRST program reserve account to the Source Interlink Companies
account.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Judah absent.
2. COMMUNITY DEVELOPMENT
A)
ACTION REQUESTED/PURPOSE:
1)
C-5461
- Extend from August 3, 2011 to September 30, 2011 to allow additional time
for contract completion;
2)
C-5459
- Change the project scope from rehabilitation of at least 3 homes for low-
income homeowners to rehabilitation of at least 2 homes for low income homeowners and
increase the contract amount by $5,000.00 (from $75,000.00 to $80,000.00).
These changes will allow the agency to spend up to $40,000.00 per housing unit (i.e. the
associated with deteriorated units needing both rehabilitation and re-design for handicap
accessibility. (
#20110578-
COMMUNITY DEVELOPMENT)
FUNDING SOURCE:
SHIP Local Housing Assistance Funds - existing budget.
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WHAT ACTION ACCOMPLISHES:
Provides additional time and funds for the rehabilitation of owner occupied units.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Judah absent.
3. CONSTRUCTION AND DESIGN
No requests received.
4. COUNTY COMMISSIONERS
No requests received.
5. COUNTY LANDS
A)
ACTION REQUESTED/PURPOSE:
Approve Conservation 20/20 Property Acquisition and Negotiation Map.
(
#20110535-
COUNTY LANDS)
FUNDING SOURCE:
Conservation 20/20, Land Purchase.
WHAT ACTION ACCOMPLISHES:
Implementation Ordinance (#05-17) requires that the Board approve an Annual Property
Acquisition and Negotiation Map depicting properties that have been acquired or are
actively being pursued for purchase.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Judah absent.
B)
ACTION REQUESTED/PURPOSE:
Accept
for right-of-way necessary
streetlights. Also, authorize the payment of recording fees and the Division of County
Lands to handle and accept all necessary documentation. (
#20110536-
COUNTY LANDS)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Acquisition of right-of-way via Quit-Claim Deed from benefitted property owners.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Judah absent.
C)
ACTION REQUESTED/PURPOSE:
Approve, and authorize Chair to execute, a Purchase Agreement, with owners
Michael L.
for acquisition of Parcel 122, a 484 square foot (SF) Fee Simple
interest and Parcel 122 PE, a 680 SF
Slope Easement
interest, located at 3 Homestead
Road, Lehigh Acres, FL 33936, for the Homestead Road Widening Project No. 5063 in the
total amount of $4,300.00.
Authorize the payment of necessary costs and fees to close; and County Lands Staff to
execute and accept all documentation necessary to complete this transaction.
(#20110545-
COUNTY LANDS)
FUNDING SOURCE:
Fund: Road Impact Fees - Central District; Program: Capital Projects; Project: Homestead
Road Widening Project No. 5063.
WHAT ACTION ACCOMPLISHES:
Acquires necessary property for the widening project.
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MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Judah absent.
D)
ACTION REQUESTED/PURPOSE:
Approve, and authorize Chair to execute, a Purchase Agreement, with owners
Michael L.
for acquisition of Parcel 123PE, a 525 square foot (SF)
Perpetual
Slope Easement,
Parcel 123 TCE1, a 460 SF
Temporary Construction Easement,
Parcel
123 TCE2, a 374 SF Temporary Construction Easement, located at 9 Homestead Road,
Lehigh Acres, FL 33936, for the Homestead Road Widening Project No. 5063 in the total
amount of $1,700.00. Authorize the payment of necessary costs and fees to close; and
County Lands Staff to execute and accept all documentation necessary to complete this
transaction. (
#20110546-
COUNTY LANDS)
FUNDING SOURCE:
Fund: Road Impact Fees - Central District; Program: Capital Projects; Project: Homestead
Road Widening Project No. 5063.
WHAT ACTION ACCOMPLISHES:
Acquires necessary property for the widening project.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Judah absent.
E)
ACTION REQUESTED/PURPOSE:
Approve, and authorize Chair to execute, a Purchase Agreement, with owners
Nyet Y. and
for acquisition of Parcel 222, a 320 square foot (SF) Fee Simple interest,
Parcel 222 PE, a 320 SF
Perpetual Slope Easement
and Parcel 222 TCE, a 133 SF
Temporary Construction Easement
interest located at 14 Homestead Road, Lehigh Acres,
FL 33936, for the Homestead Road Widening Project No. 5063 in the total amount of
$2,100.00. Authorize the payment of necessary costs and fees to close; and County Lands
Staff to execute and accept all documentation necessary to complete this transaction.
(
#20110547-
COUNTY LANDS)
FUNDING SOURCE:
Fund: Road Impact Fees - Central District; Program: Capital Projects; Project: Homestead
Road Widening Project No. 5063.
WHAT ACTION ACCOMPLISHES:
Acquires necessary property for the widening project.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Judah absent.
F)
ACTION REQUESTED/PURPOSE:
Approve, and authorize Chair to execute, a Purchase Agreement, with owner
Teh,
for acquisition of Parcel 225, a 320 square foot (SF) Fee Simple interest and Parcel
225 PE, a 320 SF Slope Easement interest, located at 20 Homestead Road, Lehigh Acres,
FL 33936, for the Homestead Road Widening Project No. 5063 in the total amount of
$2,100.00. Authorize the payment of necessary costs and fees to close; and County Lands
Staff to execute and accept all documentation necessary to complete this transaction.
(
#20110548-
COUNTY LANDS)
FUNDING SOURCE:
Fund: Road Impact Fees - Central District; Program: Capital Projects; Project: Homestead
Road Widening Project No. 5063.
WHAT ACTION ACCOMPLISHES:
Acquires necessary property for the widening project.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Judah absent.
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G)
ACTION REQUESTED/PURPOSE:
Approve Easement Purchase Agreement, with
Fretter Alumni LLC,
for acquisition of
the amount of $5,000.00; authorize the payment of attorney fees, costs to close and the
Division of County Lands to handle all documentation necessary to complete transaction.
(
#20110552-
COUNTY LANDS)
FUNDING SOURCE:
Ridge, Orange Riv, Ortiz.
WHAT ACTION ACCOMPLISHES:
proceedings.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Judah absent.
6. HUMAN SERVICES
A)
ACTION REQUESTED/PURPOSE:
Annual Action Plan for HUD Fiscal Year 2011.
Authorize Chair to sign:
1) HUD Annual Action Plan
Letter of Submission, Certifications,
and
SF-424;
2)
,
HOME
Investment Partnership
Program (HOME), and
Emergency Shelter Grant (ESG)
entitlement agreements upon
receipt from HUD;
3) associated forms, including CDBG, HOME, and/or ESG
sub-recipient agreements
once
prepared;
Consolidated Plan and Annual Action Plans, once prepared, in accordance with
Administrative Code 15-2. (
#20110551-
HUMAN SERVICES)
FUNDING SOURCE:
HUD Entitlement Grants.
WHAT ACTION ACCOMPLISHES:
development and affordable housing project funds.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Judah absent.
B)
ACTION REQUESTED/PURPOSE:
Challenge Grant for
State of Florida FY 2012
to the State of Florida Office on Homelessness; and authorize
Chair to sign
cover letter,
certifications, and any other application forms.
(
#20110567-
HUMAN SERVICES)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Judah absent.
7. INDEPENDENT
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A)
ACTION REQUESTED/PURPOSE:
Authorize acceptance and expenditure authority in the total amount of $1,441.00 for the
for Lakes Regional Library, $250.00 from Pelmetta Performance Solutions, Inc. in
Regional Library for youth services periodicals, $250.00 from Bernard D. & Joan B.
Reisberg Family Foundation for Captiva Library books, and $300.00 from Friends of the
amount of $1,441.00 to recognize monetary donations and authorize expenditures.
(
#20110573-
LIBRARY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Authorizes acceptance and expenditure of funds pursuant to donors’ wishes.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
Commissioner Bigelow moved approval, seconded by Commissioner Hall. Commissioner Bigelow expressed
gratitude to the Library benefactors. The motion was called and carried with Commissioner Judah absent.
RESOLUTION NO. 11-08-02
8. NATURAL RESOURCES/ SOLID WASTE
A)
ACTION REQUESTED/PURPOSE:
Approve execution of
Joint Funding Agreement No. 11E4FL2550FL017
with the U.S.
Geological Survey for Water Resource Investigations for the period ending September 30,
Network is $91,809.43. The U.S. Geological Survey is providing $36,756.00, FDOT is
(
#20110564-
NATURAL RESOURCES)
FUNDING SOURCE:
Fund – General Revenue Fund; Program – Water Resources Projects; Project – Surface
Water Management Plan.
WHAT ACTION ACCOMPLISHES:
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Judah absent.
9. PARKS AND RECREATION
No requests received.
10. PUBLIC SAFETY
A)
ACTION REQUESTED/PURPOSE:
Approve, and authorize Chair to execute, an
Agreement with Jerry’s Grocery,
1700
Periwinkle Way, Sanibel, for temporary use of their property for emergency response,
relief and recovery efforts. The term is for a period of five (5) years.
(
#20110518-
PUBLIC SAFETY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
and recovery efforts.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Judah absent.
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B)
ACTION REQUESTED/PURPOSE:
Approve, and authorize Chair to execute, an
Partnership
of their property for emergency response, relief and recovery efforts. The term is for a
period of five (5) years with the option for the Parties to mutually renew same for an
additional five (5) years. (
#20110557-
PUBLIC SAFETY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
relief and recovery efforts.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Judah absent.
C)
ACTION REQUESTED/PURPOSE:
1) Approve, and authorize Chair to execute, the
Construction Manager Agreement
under
RFQ-09-06 County-Wide Continuing Contract for Construction Management, for the
projects known as:
subcontractors, for a total not-to-exceed Guaranteed Maximum Price (GMP) of
$445,330.00 (includes a 8.2% CM fee or not-to-exceed $30,658.00), with a project
completion time of four (4) calendar months.
2) Approve waiving of the formal process (if needed) and authorize the use of the Direct
allows the County to purchase directly from suppliers of equipment and/or materials as a
cost/time saving measure. (
#20110565-
PUBLIC SAFETY)
FUNDING SOURCE:
Fund: E-911 Operations - Program: Pub Safety-E911 Implementation - Project: Furniture
WHAT ACTION ACCOMPLISHES:
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
Public Safety Director John Wilson, 911 Program Manager Matt Rechkemmer, and Assistant County Manager Doug
Meurer responded to questions by Commissioner Bigelow on the selection process, fee structure and the extent of the
construction work involved. Commissioner Bigelow expressed concern with the selection process. Commissioner
Manning moved approval, seconded by Commissioner Hall for discussion. Commissioner Hall suggested that
appropriate staff be present during Board consideration of construction items to provide requested clarification. The
motion was called and carried with Commissioner Bigelow voting nay and Commissioner Judah absent.
11. PUBLIC WORKS ADMINISTRATION
A)
ACTION REQUESTED/PURPOSE:
Approve removal of accounts receivable balances considered to be inactive and
uncollectible for Departments and Divisions under Public Works (Department of
Transportation, $19,398.74; Solid Waste Division, $4,816.37; Natural Resources, $364.00)
and Community Development, $40,050.00.
(
#20110580-
PUBLIC WORKS ADMINISTRATION)
FUNDING SOURCE:
No funds required. Various operating funds will write off bad debt.
WHAT ACTION ACCOMPLISHES:
Annual reduction of accounts receivable balances by the accounts identified as
uncollectible. Uncollectibles result when customers’ bills remain unpaid for various
reasons.
MANAGEMENT RECOMMENDATION:
Approve.
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Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Judah absent.
12. TRANSPORTATION
A)
ACTION REQUESTED/PURPOSE:
1) Approve award of Formal Quotation No. Q-110221 Landscape Maintenance for DOT
and 4 to P & T Lawn & Tractor Service, Inc.; and Section 3 to Amera-Tech, Inc., dba.
Tabulation Sheet.
3) The initial term of this quote is one year. Additionally, request authority to negotiate
and renew this quote for four additional one-year periods at the same terms and conditions
per the specifications should it be deemed necessary to do so.
4) Also, request authority to add and delete, through negotiation, various sites and services
on an as-needed basis, and expend the funds as necessary.
(
#20110549-
TRANSPORTATION)
FUNDING SOURCE:
Fund - Transportation Trust Fund; Program - DOT Ops / Landscape.
Fund - General Fund; Program - Parks & Recreation Operations.
WHAT ACTION ACCOMPLISHES:
Allows for landscape maintenance at a more reasonable rate.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Judah absent.
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 extension, to provide potable water
service and fire protection to Gulf Paving Asphalt Plant, an existing industrial business.
Metro Parkway. (
#20110507-
UTILITIES)
FUNDING SOURCE:
N/A
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 with Commissioner
Judah absent.
RESOLUTION NO. 11-08-03
B)
ACTION REQUESTED/PURPOSE:
Developer Contributed Asset: Approve construction of a gravity collection system serving
Airport Woods MSBU, to provide adequate sanitary sewer service to this existing
commercial subdivision. This project is located on the west side of Treeline Avenue,
approximately one mile north of Daniels Parkway.
(
#20110511-
UTILITIES)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Provides adequate sanitary sewer infrastructure to this project, and will allow for the
abatement of the existing on-site wastewater treatment plant.
MANAGEMENT RECOMMENDATION:
Approve.
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Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Judah absent.
C)
ACTION REQUESTED/PURPOSE:
Developer Contributed Asset: Approve final acceptance, by Resolution, as a donation of
water service, fire protection, and sanitary sewer service to this existing shopping center
and vacant property slated for future development. This project is located on the east side
of Three Oaks Parkway, approximately 1.5 miles south of Alico Road.
(
#20110541-
UTILITIES)
FUNDING SOURCE:
N/A
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 with Commissioner
Judah absent.
RESOLUTION NO. 11-08-04
D)
ACTION REQUESTED/PURPOSE:
Developer Contributed Asset: Approve final acceptance, by Resolution and recording of
one (1) utility easement,
as a donation of one potable water service, one 6-inch diameter
fire line, and one sewer service, to provide potable water service, fire protection and
constructed commercial building. This project is located on the south side of International
Center Boulevard, approximately 1/4 mile east of Plantation Road.
(
#20110553-
UTILITIES)
FUNDING SOURCE:
N/A
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 with Commissioner
Judah absent.
RESOLUTION NO. 11-08-05
14. COUNTY ATTORNEY
A)
ACTION REQUESTED/PURPOSE:
Adopt Resolution extending the commencement date for the North Point DRI from
December 31, 2011 to December 30, 2012. (
#20110529-
COUNTY ATTORNEY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Extends the commencement date from December 31, 2011 to December 30, 2012 in accord
with Florida Statutes and Senate Bill 1752 adopted May 28, 2010.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Judah absent.
RESOLUTION NO. 11-08-06
15. HEARING EXAMINER
No requests received.
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16. CONSTITUTIONAL OFFICERS
A)
ACTION REQUESTED/PURPOSE:
Approve the Minutes for the following meetings of the Board of County Commissioners
held during the week of June 20 through June 24, 2011:
June 20, 2011 (Zoning), June 21, 2011 (Regular)
(
#20110589-
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 with Commissioner
Judah absent.
B)
ACTION REQUESTED/PURPOSE:
Approve the Minutes for the following meetings of the Board of County Commissioners
held during the week of June 27 through July 1, 2011:
June 27, 2011 (Budget Workshop).
(
#20110590-
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 with Commissioner
Judah absent.
C)
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. (
#20110591-
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 Manning, called and carried with Commissioner
Judah absent.
D)
ACTION REQUESTED/PURPOSE:
Present, for information purposes, interim reporting on selected financial activity and
provide an update on the economic changes in today's market (see background
information). (
#20110592-
FINANCE)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
County Board of County Commissioners. Included in this report in compliance with
Chapter 218.415, Florida Statutes, Local Investment Policies, is the stated and fair market
Ordinance 02-28 activity for the Driver’s Education Safety Trust Fund, and Chapter
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Court Facilities Funds Collected.
MANAGEMENT RECOMMENDATION:
The purpose of this report is to convey the financial status of selected significant funds of
expenditures as of the stated dates, and the market value of investments managed by the
Clerk’s Office on behalf of the Board.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Judah absent.
E)
ACTION REQUESTED/PURPOSE:
Approve, and authorize Chair to execute, the Department of the Treasury, Internal
Revenue Service
(IRS) Form 8038-CP
Return for Credit Payments to Issuers of Qualified
(
#20110596-
FINANCE)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
payment subsidy for the Series 2010A Bonds.
MANAGEMENT RECOMMENDATION:
Approve and sign Form 8038-CP.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Judah absent.
F)
ACTION REQUESTED/PURPOSE:
Revenue Service
(IRS) Form 8038-CP
Return for Credit Payments to Issuers of Qualified
Direct Subsidy) ("Series 2010B Bonds"). (
#20110597-
FINANCE)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
payment subsidy for the Series 2010B Bonds.
MANAGEMENT RECOMMENDATION:
Approve and sign Form 8038-CP.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Judah absent.
G)
ACTION REQUESTED/PURPOSE:
Approve disbursement of excess funds resulting from the sale of tax deed certificates to
claimants verified and certified under Florida Statutes 197.582.
Amount
$252.33
$252.33
(
#20110598-
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 disbursement 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.
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Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Judah absent.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
No requests received.
ADMINISTRATIVE AGENDA
1. COUNTY ADMINISTRATION
A)
ACTION REQUESTED/PURPOSE:
Approve
budget transfer
to reserves for various funds in the amount of $9,460,640.00 to
recapture budgeted line item expenditures in FY 10-11.
(
#20110583-
COUNTY MANAGER)
FUNDING SOURCE:
Various funds – budget reductions.
WHAT ACTION ACCOMPLISHES:
Provides additional reserves in FY 10-11 to carry forward to FY 11-12.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Hall. Assistant County Manager Pete Winton
provided an overview of the recapture process, and he and County Manager Karen Hawes responded to Board
questions. The motion was called and carried with Commissioner Judah absent.
2. COMMUNITY DEVELOPMENT
A)
ACTION REQUESTED/PURPOSE:
and Fire/EMS Impact Fees; and authorize the Chair to execute a
Service Provider
, in the lump sum amount of
$92,900.00 with a project completion of six months.
Direction regarding whether committee review and an Management & Planning
presentation should be waived due to the expedited schedule.
(
#20110558-
COMMUNITY DEVELOPMENT)
FUNDING SOURCE:
Fund: Unincorporated Area MSTU – Program: Non-Dept – Non-Departmental.
WHAT ACTION ACCOMPLISHES:
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Hall. Community Development Director Mary
Gibbs responded to Board questions on the purpose of the study requested and was directed to continue with an
expedited schedule. The motion was called and carried with Commissioner Judah absent.
3. CONSTRUCTION AND DESIGN
No requests received.
4. COUNTY COMMISSIONERS
No requests received.
5. COUNTY LANDS
No requests received.
No requests received.
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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:
Approve the Resolutions of Necessity for the acquisition and condemnation of Parcels 7A
(
#20110538-
COUNTY ATTORNEY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Allows the County to proceed with condemnation, if required, of the necessary parcels for
Project No. 7320.
MANAGEMENT RECOMMENDATION:
Approve.
Deputy County Attorney Andrea Fraser advised that there was an error in the proposed Resolutions and requested a
motion to defer. Commissioner Manning moved approval to defer this item indefinitely, seconded by Commissioner
Hall, called and carried with Commissioner Judah absent.
B)
ACTION REQUESTED/PURPOSE:
Approve and execute the Disclosure and Waiver of Conflicts of Interest letter from the law
firm of Oertel, Fernandez, Cole & Bryant, P.A. A conflict of interest could exist from the
(
#20110554-
COUNTY ATTORNEY)
FUNDING SOURCE:
None, no County financial liability.
WHAT ACTION ACCOMPLISHES:
Industries in connection with environmental, land use and permitting matters.
MANAGEMENT RECOMMENDATION:
Grant the waiver and execute the Disclosure and Waiver of Conflicts Letter. DENY
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
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Administrative Agenda Item A14B is revised to reflect the Management Recommendation: to DENY.
Following clarification that the County Attorney had formally requested the revision, Commissioner Manning moved
approval, seconded by Commissioner Hall, called and carried with Commissioner Judah absent.
Deputy County Attorney Andrea Fraser provided the reason for the recommendation change along with a timeline
summary, and she and County Attorney Michael Hunt responded to Board questions. Commissioner Manning moved
to deny the waiver, seconded by Commissioner Hall. Following re-statement of the motion to deny the waiver, the
motion was called and carried with Commissioner Judah absent.
15. HEARING EXAMINER
No requests received.
16. CONSTITUTIONAL OFFICERS
No requests received.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
No requests received.
CARRY OVER AGENDA
1. ACTION REQUESTED/PURPOSE:
Developer Contributed Asset: Approve final acceptance, by Resolution and recording of
one (1)
utility easement,
as a donation of a water distribution and a gravity collection system, to provide
potable water service, fire protection and sanitary sewer service to Airport Crossings, a recently
constructed commercial subdivision. This project is located at the southeast corner of Midfield
#20110228-
UTILITIES)
FUNDING SOURCE
N/A
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 with Commissioner
Judah absent.
RESOLUTION NO. 11-08-07
COMMISSIONER ITEMS
PUBLIC COMMENT CARD INSTRUCTIONS – Commissioner Bigelow requested a revision of the
instructions to the public on the Comment Cards, recommending that the Clerk be stricken from the instructions.
Commissioner Manning requested that he be the replacement appointee on this Committee as a result of the vacancy
created with the resignation of Paul Wingard. Commissioner Hall moved approval, seconded by Chairman Mann for
discussion. Following brief discussion on appointment protocol, the motion was called and carried with Commissioner
Judah absent.
ALLIED CRANE SERVICES AND O’DONNELL LANDSCAPE DONATION – Commissioner Hall
recognized and thanked both of these entities for their donation of time and over $8,000.00 in goods and services in
Hall recognized Dr. Joseph Simmons as the eminent scholar this fall filling the Backe Chair for Renewable Energy at
FGCU. She expressed the County’s gratitude to Mr. John D. Backe, President of the Backe Foundation, for his major
gift to fund the establishment of this Chair.
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DEDICATION CEREMONY - Commissioner Mann advised that there will be a dedication ceremony
for the carved eagle and the replacement oak on August 10 at 4:00 p.m., at which time artist Marlin Miller and certain
staff members will be honored for their work.
COMMITTEE APPOINTMENTS
GASPARILLA ISLAND MSBU
COMMITTEE,
Dearie to the
ROADWAY LANDSCAPE ADVISORY COMMITTEE,
seconded by Commissioner Hall, called
and carried with Commissioner Judah absent.
Chairman Mann requested a motion to re-appoint Barbara Niland to the
ROADWAY LANDSCAPE
ADVISORY COMMITTEE.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and
carried, with Commissioner Judah absent.
COUNTY MANAGER ITEMS
that a draft agreement was submitted to the National Swim Center Corporation (NSCC) on August 1, with a two week
turnaround time for comment. Mr. Moore requested Board direction to stipulate that a fully executed agreement
would need to be received by September 30, 2011, otherwise the County Sports Authority would proceed with the
pursuit of other options for the City of Palms Park. Commissioner Manning moved approval, seconded by
Commissioner Hall. Following further discussion, the motion was called and carried with Commissioner Judah
absent.
COUNTY ATTORNEY ITEMS
The Chairman adjourned the meeting at 11:04 a.m.
__________________________
_______________________________________
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