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BOOK - 2011R - B.O.C.C.------------------------------------
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JANUARY 11, 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. and requested a moment of silence for the
PRESENTATIONS
Commissioner Manning read and presented a Ceremonial Resolution resolving that the Board, on
behalf of the citizens of Lee County, support and encourage the Sanibel-Captiva Conservation Foundation’s (SCCF)
efforts to acquire and preserve the Bailey Family Homestead. SCCF Executive Director Erick Lindblad accepted the
Resolution, and thanked the Board. (
#20101262-
Commissioner Manning)
ANNOUNCEMENTS
Referring to the Agenda
Recap Sheet
dated January 11, 2011, the Chairman announced that:
One (1) Walk on 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, and the following citizens came forward to speak on Walk-
on Item 1:
Vines Community representative
Vines Community representative
Osprey Cove representative
Ike Eikelberner
The Reserve at Estero representative
Steve Yormak
The Reserve at Estero representative
Christopher Pilavis
Ron Kapsos
Angie Estberg
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 – 6(a), 10(a)
Commissioner Bigelow – 7(a), 10(a)
CONSENT AGENDA
1. COUNTY ADMINISTRATION
A)
ACTION REQUESTED/PURPOSE:
Approve the list of Public Official Faithful Performance Bonds contained in the backup
material to this item.
(
#20101235-
COUNTY MANAGER)
FUNDING SOURCE:
N/A
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WHAT ACTION ACCOMPLISHES:
25; copies contained in the backup material to this item.
MANAGEMENT RECOMMENDATION:
Approval.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
B)
ACTION REQUESTED/PURPOSE:
of County Commissioners and
Bishop Verot Catholic High School
to enhance the Driver's
Education Program, and authorize release of $7,104.95 from the funds collected through
(
#20101246-
BUDGET SERVICES)
FUNDING SOURCE:
To Local Governments.
WHAT ACTION ACCOMPLISHES:
Provides approval for the release of funds collected for use of the Driver’s Education
Program for the Bishop Verot Catholic High School by increasing the amount of time
offered to students and the purchase of products (Personal Breath Tester and Blood
Alcohol Concentration Wheel).
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
2. COMMUNITY DEVELOPMENT
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
A)
ACTION REQUESTED/PURPOSE:
Services. (
#20101251-
FUNDING SOURCE:
Individual donor that requires anonymity.
WHAT ACTION ACCOMPLISHES:
Provides $5,000.00 to the Department allowing the Family Self Sufficiency Program to
meet unique needs of homeless families with children.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
Commissioner Judah moved the item, seconded by Commissioner Manning. At the request of Commissioner Hall,
Human Services Director Ann Arnall agreed to furnish an update or overview of the Coalition data to the non-profit
database. Following Commissioner Judah’s comments of appreciation to the anonymous donor for the generous
donation, the motion was called and carried.
7. INDEPENDENT
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A)
ACTION REQUESTED/PURPOSE:
Concur with the ranking of Consultants by the Competitive Negotiations Committee for
CN-11-01 MSBU Master Contract, in the following order of ranking, and authorize staff to
negotiate hourly rates and independent cost with the number one ranked firm:
(1) David
Douglas & Associates;
(
#20101259-
PUBLIC RESOURCES)
FUNDING SOURCE:
Program-SA Dist MSTBU Restricted & Other Professional Services; Fund-General Fund;
Project-MSBU Annual Contract.
WHAT ACTION ACCOMPLISHES:
MSBU (Municipal Service Benefit Unit) Master Contract.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
Responding to Commissioner Hall’s inquiry on the MSBU contract, Public Resources Director Libby Walker
confirmed the process and budget. After noting his longstanding criticisms with the make-up of the Selection
Committees, Commissioner Bigelow noted that this particular Selection Committee was absent of any possible undue
influence, but had concern with the short list and renewal process. Board discussion ensued with Commissioner Judah
commenting on the effectiveness of the selection process over the years and moved approval of the item, seconded by
Commissioner Manning. Commissioner Hall offered an amendment to the motion for a contract period of one (1)
year and then brought back to the Board. Following brief discussion on the amendment, the maker and seconder
agreed. The motion was called and carried with Commissioner Bigelow dissenting.
8. NATURAL RESOURCES/ SOLID WASTE
No requests received.
9. PARKS AND RECREATION
No requests received.
10. PUBLIC SAFETY
A)
ACTION REQUESTED/PURPOSE:
Resolution in the amount of $2,500.00; and also approve bonuses for two medics per the
attached letter. (
#20101257-
PUBLIC SAFETY)
FUNDING SOURCE:
Fund-General Fund-Donation.
WHAT ACTION ACCOMPLISHES:
Allows donation to be accepted by the Department.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
Commissioner Judah moved the item, seconded by Commissioner Manning. Responding to Commissioner Bigelow’s
suggestion of having a ceremonial presentation to the recipients of the award, Public Safety Director John Wilson
pointed out that awards are done during the Emergency Medical Services Week. After Commissioner Judah thanked
The George & Mary Jo Sanders Foundation for their donation to the Emergency Medical Services, the motion was
called and carried.
RESOLUTION NO. 11-01-21
11. PUBLIC WORKS ADMINISTRATION
No requests received.
12. TRANSPORTATION
A)
ACTION REQUESTED/PURPOSE:
Approve
Change Order No. 4 to Contract No. 4206,
under CN-07-13 CEI Services for
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not-to-exceed amount of $387,351.00. Also, authorize Chair to execute Change Order on
behalf of the Board. (
#20101240-
TRANSPORTATION)
FUNDING SOURCE:
Summerlin Road - Boy Scout to Cypress Lake.
WHAT ACTION ACCOMPLISHES:
Drive.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Accept for county maintenance,
recently widened to four lanes by the Palmira Developer pursuant to Development Order
DOS2007-00139 and in accord with the requirements of Administrative Code 11-7.
(
#20101254-
TRANSPORTATION)
FUNDING SOURCE:
No funds required for this action.
WHAT ACTION ACCOMPLISHES:
Documents the Board’s formal acceptance for maintenance, 10,500± linear feet of Bonita
Road (STA 172+50); acknowledges the compliance with AC 11-7, including submittal of
deeds for the road right-of-way and drainage easements, record drawings and surveys,
engineer’s letter of substantial compliance, certificate of compliance, engineer’s
documentation of final construction costs and a two year maintenance surety bond;
for maintenance of the road, drainage and related facilities.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
13. UTILITIES
A)
ACTION REQUESTED/PURPOSE:
approve Annual expenditure of approximately $105,000.00. The initial term of this quote
is for one-year with requested authority to negotiate lower prices if possible and renew this
quote for four (4) additional one-year periods. Further, approve award of option A
delivery in bulk at the prices on the tabulation sheet contained in the backup to this item,
and approve vendor’s modification on lead time that was deemed minor.
(
#20101253-
UTILITIES)
FUNDING SOURCE:
Chemicals, Insecticides & Fertilizers.
WHAT ACTION ACCOMPLISHES:
This action will allow LCU to purchase anti-scalent on an as needed basis, in a cost
effective, efficient, and timely manner from a reliable source to maintain its Reverse
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
14. COUNTY ATTORNEY
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No requests received.
15. HEARING EXAMINER
No requests received.
16. CONSTITUTIONAL OFFICERS
A)
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. (
#20101264-
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.
B)
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 as follows:
Tax Deed No. Payee
Amount
(
#20101263-
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 Hall moved approval, seconded by Commissioner Manning, called and carried.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
No requests received.
ADMINISTRATIVE AGENDA
THERE WERE NO ITEMS SUBMITTED FOR THE ADMINISTRATIVE AGENDA.
9:30 A.M. AGENDA ITEM –
Public Hearing
1. ACTION REQUESTED/PURPOSE:
Conduct a Public Hearing to adopt a Resolution on a Petition to Vacate VAC 2009-00015,
(
#20101205-
COMMUNITY DEVELOPMENT)
FUNDING SOURCE:
No funding required.
WHAT ACTION ACCOMPLISHES:
to be vacated has never been developed and is not needed to facilitate any future roadway
requirements, is being provided via Archdale Street.
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MANAGEMENT RECOMMENDATION:
Approve.
Affidavit of Publication
for
the 9:30 a.m. Agenda Item No. 1, and briefly reviewed this request. Commissioner Manning moved approval,
seconded by Commissioner Hall. The Chairman called for public input; however, no one came forward. The motion
was called and carried.
RESOLUTION NO. 11-01-22
WALK-ON ITEM:
1. COUNTY ADMINISTRATION
1. ACTION REQUESTED/PURPOSE:
33967” for addressing purposes. (
#20110020-
COUNTY MANAGER)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
MANAGEMENT RECOMMENDATION:
Board policy decision.
REASON FOR WALK ON:
Board directed on January 4, 2011.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NO. 11-01-23
COMMISSIONER ITEMS
EVERGLADES COALITION CONFERENCE – Commissioner Hall indicated that last week she and
Commissioner Judah attended the Everglades Coalition Conference, and congratulated Commissioner Judah on
receiving the prestigious James D. Webb Award for his outstanding contribution to the Everglades. Commissioner
Hall briefly reviewed the highlights of the conference.
CONSERVATION RESTORATION EFFORT – Commissioner Judah reported that the Secretary of
the Interior Ken Salazar announced the proposed establishment of a 150,000 acre conservation area which will bring
into partnership the agriculture industry and conservation restoration efforts. He further noted a 50,000 acre
established national wildlife refuge near Disney World’s Wilderness Park, the remaining lands would be established
through best management practices to alleviate nutrient loading in the Kissimmee River and Lake Okeechobee
removing phosphates and nutrients. Referencing the Modified Water Deliveries (MWD) project, Commissioner Judah
noted that the Corps of Engineers announced the addition of a 5 ½ mile bridge to the one (1) mile bridge under
construction on Tamiami Trail.
REDIRECT OF ALGAE FUNDS – Commissioner Judah expressed satisfaction with the Board’s
agreement at last week’s meeting to re-direct funds from the algae scrubber project to other innovative nutrient
FINANCIAL STATUS OF BABCOCK RANCH PRESERVE – Commissioner Judah requested a
briefing of the financial status and the revenue stream, or the lack thereof; and hoped to receive an update from the
committee or a representative from the State on other options to be considered in enhancing eco-tourism to bring in
more revenues to help manage Babcock Ranch Preserve.
provide an update of the millions in energy costs savings. The Board decided to schedule the update at the next
Management and Planning meeting to be held on February 7, 2011.
MINIMUM FLOW TO THE CALOOSAHATCHEE RIVER – At the request of Commissioner Hall,
Commissioner Judah indicated that the Corps of Engineers have taken the position of cutting 100% of water flow to
Caloosahatchee River, while allowing water to flow in other utilities and agricultural areas in the east and central part
of the State. He noted a conference call scheduled for today with the scientists to point out the inequity of the District;
and hoped the District would listen to the science and provide some minimum flow to the Caloosahatchee River.
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COUNTY ATTORNEY POSITION INTERVIEWS – At the request of Commissioner Bigelow
Commissioner Mann stated that Erick Lindblad recommended the appointment of Liz Donley, of the Regional
Planning Council (RPC), as his replacement. Commissioner Judah moved approval, seconded by Commissioner Hall,
called and carried.
(copy on file in the
Minutes Office), and stated that in his conversation with Ms. Fraser she agreed to the terms of the Agreement.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
COMMITTEE APPOINTMENTS
EAGLE TECHNICAL ADVISORY
COMMITTEE,
seconded by Commissioner Hall, called and carried.
COMMUNITY ACTION AGENCY,
seconded by Commissioner Hall, called and carried.
Chairman Mann requested a motion to appoint Theodore Yeatts, Jr. to the
COASTAL ADVISORY
COUNCIL.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
COUNTY MANAGER ITEMS
COUNTY ATTORNEY ITEMS
9:30 A.M. AGENDA ITEM
2. Public Presentation of Matters by Citizens
The Chairman called for public comment, and the following concerned citizens came forward:
Lehigh Acres residents
and
expressed concern over a nuisance complaint
Services; and requested an investigation of the department
The Chairman adjourned the meeting at 10:52 a.m.
__________________________
________________________________
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