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BOOK - 2011R - B.O.C.C.------------------------------------
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MARCH 15, 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. The Invocation was given by Pastor A. J.
Neugebauer, Beautiful Savior Lutheran Church, followed by the Pledge of Allegiance to the Flag.
PRESENTATIONS
Commissioner Judah read and presented a Ceremonial Resolution proclaiming March 19, 2011 as
Southwest Florida Reading Festival Day. Library Director Sheldon Kaye accepted the Resolution, and thanked the
Board. (
#20110186-
Commissioner Judah)
Commissioner Manning read and presented a Ceremonial Resolution congratulating Library employee
Maria Palacio for her achievements and wishing her the best as she travels to Spain to represent Lee County and share
her expertise at this prestigious event. Ms. Palacio accepted the Resolution, and thanked the Board.
(
#20110187-
Commissioner Manning)
ANNOUNCEMENTS
Referring to the
Revised Agenda Recap Sheet
dated March 15, 2011, the Chairman announced that:
Consent Agenda Item 13a should be deferred indefinitely. It was anticipated the final contract to
design and construct the Waterways Estates to North Fort Myers Utilities interconnect would have been successfully
negotiated at a lower price before the date of this meeting. However, the parties to this contract have not successfully
agreed to the final contract and therefore final pricing is not established. This item will be delayed indefinitely until
acceptable and final contract terms are reached. Commissioner Manning moved approval, seconded by Commissioner
Hall, called and carried.
One Walk-on item will be heard at the appropriate time.
9:30 A.M. AGENDA ITEM
- Public Comment on Agenda Items
Consent (C) and Administrative (A)
C9(a) – Audubon Society representative
Pete Quasius
The following are the Consent Agenda items that each Board member wished to have discussed:
Commissioner Mann – 1(b)
Commissioner Manning - None
Commissioner Judah – 7(a), 9(a)
Commissioner Hall - None
Commissioner Bigelow - None
CONSENT AGENDA
1. COUNTY ADMINISTRATION
A)
ACTION REQUESTED/PURPOSE:
Approve, and authorize the Chair to execute, an
Agreement
Education Program; and authorize release of $47,003.37 from the funds collected through
(
#20110175-
BUDGET SERVICES)
FUNDING SOURCE:
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WHAT ACTION ACCOMPLISHES:
Provides approval for the release of funds collected for use of the Driver’s Education
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Approve resolution supporting Project LC-11-02-01 as a qualified applicant for the State
Industrial Development Authority (IDA) on February 18, 2011; and conditionally approve
award of $2,000,000.00, subject to final approval and execution of a grant agreement.
Project #LC-11-02-01 consists of a U.S. headquarters and nutraceutical
manufacturing/distribution facility. (
#20110180-
ECONOMIC DEVELOPMENT)
FUNDING SOURCE:
No funding required at this time.
WHAT ACTION ACCOMPLISHES:
paying, target industry based employment.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
At the request of Commissioner Mann, Economic Development Director Jim Moore provided further clarification of
the item. Commissioner Judah moved the item, seconded by Commissioner Manning, called and carried.
RESOLUTION NO. 11-03-20
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:
Approve a
Purchase Agreement
for the acquisition of Parcel 171-WPE (±16,640 square
feet), a portion of STRAP No. 17-43-25-00-00001.023A, from property owners John M.
Treatment Plant Wellfield Expansion Project 7602. Pursuant to the terms and conditions
set forth in the Agreement, authorize payment of costs to close in the approximate amount
of $1,250.00, and the Division of County Lands to handle all documentation necessary to
complete this transaction. (
#20110176-
COUNTY LANDS)
FUNDING SOURCE:
Water Treatment Plant Wellfield Expansion 7602.
WHAT ACTION ACCOMPLISHES:
Wellfield, without the necessity of an eminent domain action.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
6. HUMAN SERVICES
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No requests received.
7. INDEPENDENT
A)
ACTION REQUESTED/PURPOSE:
Accept the following monetary donations: $100.00 from Christian Science Society of
from Friends of Riverdale Library for two periodical subscriptions, $1,553.00 from Friends
Friends of Lakes Regional Library for the purchase of shelving in the A/V room and
neighbors of Caloosahatchee Park in memory of David Vanistendael for a total of
$16,469.00. Accordingly, adopt a budget amendment resolution in the amount of
$16,469.00. (
#20110183-
LIBRARY)
FUNDING SOURCE:
Donations.
WHAT ACTION ACCOMPLISHES:
Accepts donations and authorizes expenditures pursuant to donors’ wishes.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
After Commissioner Judah thanked the various donors for their generous donations, he moved the item, seconded by
Commissioner Hall. Library Fiscal Officer Sue Lange further clarified the item. The motion was called and carried.
RESOLUTION NO. 11-03-21
8. NATURAL RESOURCES/ SOLID WASTE
No requests received.
9. PARKS AND RECREATION
A)
ACTION REQUESTED/PURPOSE:
Approve and execute the
revised Babcock Ranch Preserve Management Agreement.
(
#20110158-
PARKS AND RECREATION)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
State approved Babcock Ranch Preserve Land Management Plan.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
At the request of Commissioner Judah, Parks and Recreation employee Kathy Olson provided clarification of the
Management Plan, Management Agreement, and Tenant Farming and its termination dates. Following explanation by
Kitson Babcock Management representative Steve Smith regarding Mosquito Control Plans, Commissioner Judah
moved approval, seconded by Commissioner Hall, called and carried.
10. PUBLIC SAFETY
A)
ACTION REQUESTED/PURPOSE:
Adopt a Resolution certifying that County Award Grant monies will be used to improve
approve budget resolution in the amount of $47,276.00; accept the grant monies when
received from the Bureau of EMS; and approve expenditures in a like amount.
(
#20110168-
PUBLIC SAFETY)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
The action completes the
application
apply and accept the grant monies in the amount of $47,276.00.
MANAGEMENT RECOMMENDATION:
Approve.
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Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NOS.
11-03-22
AND
11-03-23
B)
ACTION REQUESTED/PURPOSE:
Approve, and authorize Chair to execute,
acceptance letter
and any
other documents
required to accept this award from the State of Florida Division of Emergency
Management that provides $75,000.00 in grant funds to sustain the Regional Domestic
Security Task Force Planner for Region Six. Also, authorize the continuation of one grant
Budget Amendment Resolution in the amount of $75,000.00; and approve the expenditures
in the like amount. (
#20110162-
PUBLIC SAFETY)
FUNDING SOURCE:
Fund—General Fund; Grant Funded.
WHAT ACTION ACCOMPLISHES:
state homeland security initiatives.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
11. PUBLIC WORKS ADMINISTRATION
12. TRANSPORTATION
A)
ACTION REQUESTED/PURPOSE:
Award B-11-13 County-wide Resurfacing Roadway Improvements to the lowest
responsive, responsible bidder meeting all bid requirements,
(a local
Contractor) in the not-to-exceed amount of $956,517.25 with a total completion time of
180 calendar days. Also, authorize Chair to execute contract on behalf of the Board upon
receipt. (
#20110164-
TRANSPORTATION)
FUNDING SOURCE:
Resurface Rebuild Program.
WHAT ACTION ACCOMPLISHES:
Provides a Contractor for the resurfacing and/or rebuilding of sixty-one streets located in
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
13. UTILITIES
A)
ACTION REQUESTED/PURPOSE:
Budget Transfer (BS 20110137/18552, LS/SDG): Approve Phase II (construction related)
expenditures, including amounts not to exceed an aggregate total of $9,400,000.00
(includes the $833,109.00 approved on 11-2-2010) to the Florida Governmental Utility
Authority (FGUA) for construction services and other associated costs with the Waterway
Estates Sewer Connection Facilities. Also, request Board approval of Budget Transfer in
Wastewater Treatment Plant Flow Diversion Project, and amend the FY '10/11 CIP Budget
accordingly. (
#20110137-
UTILITIES)
FUNDING SOURCE:
Wastewater Treatment Plant Flow Diversion.
WHAT ACTION ACCOMPLISHES:
Provides funds to for Phase II expenditures for the construction Guaranteed Maximum
Price (GMP) of the Connection Facilities and other associated fees for the WWE Sewer
Connection Facilities, and fulfills the last obligation by the County to reimburse the FGUA
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for design and construction of the interconnect facilities.
MANAGEMENT RECOMMENDATION:
Approve.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
Consent Agenda 13 (a) should be deferred indefinitely. It was anticipated the final contract to design and construct
the Waterways Estates to North Fort Myers Utilities interconnect would have been successfully negotiated at a lower
price before the date of this meeting. However, the parties to this contract have not successfully agreed to the final
contract and therefore final pricing is not established. This item will be delayed indefinitely until acceptable and final
contract terms are reached. Commissioner Manning moved approval, seconded by Commissioner Hall, called and
carried.
B)
ACTION REQUESTED/PURPOSE:
Approve, and authorize Chair to execute,
to
the amount of $252,833.00, to extend the current pilot testing for up to an additional 180
days. Also, approve
Budget Transfer
in the amount of $252,833.00 from the Corkscrew/I-
and amend the FY 10/11 CIP accordingly. (
#20110163-
UTILITIES)
FUNDING SOURCE:
Water Treatment Plant Expansion.
WHAT ACTION ACCOMPLISHES:
Allows the Engineer to extend current pilot testing for up to an additional 180 days for raw
water blending strategies to fully understand water chemistry interactions and treatment
design optimization requirements.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
14. COUNTY ATTORNEY
15. HEARING EXAMINER
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 February 28 through March 4, 2011:
February 28, 2011 (Comp Plan - EAR Workshop) March 1, 2011 (Regular)
March 1, 2011 (Comp Plan - EAR Adoption Hearing).
(
#20110188-
MINUTES)
FUNDING SOURCE:
Not Applicable.
WHAT ACTION ACCOMPLISHES:
Approval of the Board Minutes, pursuant to Florida Statute 286.011.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
B)
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. (
#20110189-
FINANCE)
FUNDING SOURCE:
N/A.
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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
ADMINISTRATIVE AGENDA
1. COUNTY ADMINISTRATION
2. COMMUNITY DEVELOPMENT
3. CONSTRUCTION AND DESIGN
4. COUNTY COMMISSIONERS
5. COUNTY LANDS
6. HUMAN SERVICES
7. INDEPENDENT
8. NATURAL RESOURCES/ SOLID WASTE
9. PARKS AND RECREATION
10. PUBLIC SAFETY
11. PUBLIC WORKS ADMINISTRATION
12. TRANSPORTATION
13. UTILITIES
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14. COUNTY ATTORNEY
A)
ACTION REQUESTED/PURPOSE:
Burnt Store Road Project. (
#20110167-
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 parcel 140.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Judah called and carried.
15. HEARING EXAMINER
16. CONSTITUTIONAL OFFICERS
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
14. COUNTY ATTORNEY
1. ACTION REQUESTED/PURPOSE:
Authorize the County Attorney’s Office to execute the
Certification
for retention of documents
Section in regards to an investigation into Lee County’s zoning and land use practices pursuant to the
Federal Fair Housing Act. Discuss the Agreement to Toll the Statute of Limitations between the
#20110209-
COUNTY ATTORNEY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
The Department of Justice has requested that within ten (10) days of March 7, 2011, [March 16, 2011]
responsibility for the production and retention of documents during the investigation.
MANAGEMENT RECOMMENDATION:
Approve authorization.
REASON FOR WALK ON:
Certification must be signed by the appointed County official and returned by March 16, 2011, to the
Interim County Attorney Andrea Fraser briefly reviewed this request and asked the Board to authorize the County
Attorney’s Office to sign the Certificate to allow participation in providing the documentation to proceed in the
investigation. She further stated that the Board is not being asked to sign the agreement to toll the Statute of
Limitations which the County Attorney’s Office calculates will expire on March 17, 2011; and requested authorization
to draft a letter. Board discussion ensued with Commissioner Hall requesting information regarding this case and
notification when the files are transmitted to the State. After brief comments, Commissioner Manning moved the
item, seconded by Commissioner Judah, called and carried.
COMMISSIONER ITEMS
letter
be (copy on file in the Minutes Office) sent to Colonel Pantano, and noted that the Colonel has requested an
evaluation of the 2008 Lake Okeechobee Regulation Schedule (LORS08) as it pertains to the beneficial use zone.
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Commissioner Judah moved approval to send the letter, seconded by Commissioner Manning, called and carried.
There was consensus to provide copies of the letter to the Chairman and the individual Governing Board members.
COMMITTEE APPOINTMENTS
to
the
AFFORDABLE HOUSING COMMITTEE,
UNIVERSITY
WINDOW OVERLAY SPECIAL IMPROVEMENT UNIT COMMITTEE,
Commissioner Judah moved approval, seconded by Commissioner Hall, called
and carried.
seconded by Commissioner Hall, called and carried.
LIGHTING DISTRICT,
CRSA SPECIAL IMPROVEMENT UNIT,
reappoint
WATERWAYS COMMITTEE,
and reappoint Robert Morain, Lyle Bosacker, and Randall
Spivey to the
seconded
by Commissioner Hall, called and carried.
PARTNERING FOR RESULTS
COMMITTEE,
PARTNERING FOR RESULTS COMMITTEE,
and reappoint
CAA/NDC COMMITTEE,
seconded by Commissioner Manning, called
and carried.
COUNTY MANAGER ITEMS
In response to Commissioner Bigelow’s request for a briefing on the initial recommendations of the
Finance and Taxation Committee, Assistant County Manager Pete Winton stated that these would be incorporated in
the options. Commissioner Hall suggested they be incorporated in the budget updates at the Management & Planning
COUNTY ATTORNEY ITEMS
The Chairman adjourned the meeting at 10:12 a.m.
__________________________
_____________________________
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