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BOOK - 2011R - B.O.C.C.-----------------------------------
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SEPTEMBER 13, 2011
The
Regular Meeting
of the
was held on this date with the
following Commissioners present:
PRESENTATIONS
her hard work, journalistic accomplishments, and outstanding commitment to the people of Lee County and Southwest
#20110720-
COMMISSIONER JUDAH)
Commissioner Mann read and presented a Ceremonial Resolution proclaiming September 17, 2011 as
Constitution Day and Citizenship Day, and September 17
th
through September 23
rd
, 2011 as Constitution Week in
Lee County; and encourage civic, social, and educational organizations, including the Caloosa Chapter, Sons of the
American Revolution (SAR), Southwest Florida Chapters of the Daughters of the American Revolution, the Children
of the American Revolution, and all area veteran’s organizations, to conduct ceremonies and programs that celebrate
our Constitution and reaffirm our rights and responsibilities as citizens of our great nation. President of the Caloosa
Chapter SAR Reverend Dr. Randy Moody, and the other officers accepted the Resolution and thanked the Board.
(
#20110721-
COMMISSIONER MANN)
Walk-on Item No. 1 was heard at this time. See that item for action taken.
ANNOUNCEMENTS
Referring to the
Revised Agenda Recap Sheet
dated September 13, 2011, the Chairman announced
that:
Consent Agenda Item 7(c) should be deferred for one week to allow for further review. Commissioner
Manning moved approval, seconded by Commissioner Judah, called and carried.
On Consent Agenda Item 10(a), within the
ACTION REQUESTED/PURPOSE:
Replace the word
“Naravez with “Marvaez”. Commissioner Hall moved approval, seconded by Commissioner Manning, called and
carried.
9:30 AM PRESENTATION –
LAKE OKEECHOBEE AND CALOOSAHATCHEE RIVER UPDATE
With the use of a PowerPoint presentation (
copy on file in the Minutes office)
, U.S. Corps of Engineers
9:30 A.M. AGENDA ITEM
- Public Comment on Agenda Items
Consent (C) and Administrative (A)
No one from the general public came forward to offer comments.
The following are the Consent Agenda items that each Board member wished to have discussed:
Commissioner Mann – 7(a), 13(b)
Commissioner Manning - None
Commissioner Judah - None
Commissioner Hall - None
Commissioner Bigelow – 13(b)
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CONSENT AGENDA
1. COUNTY ADMINISTRATION
A)
ACTION REQUESTED/PURPOSE:
Approve, and authorize the Chair to accept and execute, the
"Sign-Off" letter
from Katie
Palms Park for the term of September 14, 2011, to October 10, 2011.
(
#20110689-
SPORTS DEVELOPMENT)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
anticipation of drawing residents to the area for additional events.
MANAGEMENT RECOMMENDATION:
Accept letter.
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Approve, and authorize the Chair to execute, a
License
2011, to October 10, 2011. Additionally, approve budget resolution for FY11-12.
(
#20110691-
SPORTS DEVELOPMENT)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Allows the Sterling Mets, LP use of the Licensed Premises and equipment for their Fall
Instructional League for the term of September 14, 2011, to October 10, 2011. The
Palms Park.
MANAGEMENT RECOMMENDATION:
Approve License and budget resolution.
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried.
RESOLUTION NO. 11-09-15
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
No requests received.
7. INDEPENDENT
A)
ACTION REQUESTED/PURPOSE:
Adopt Budget Amendment Resolution and accept donations totaling $964.00.00 for use
related to the LeeGrows program. (
#20110586-
PUBLIC RESOURCES)
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BOOK - 2011R - B.O.C.C.-----------------------------------
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FUNDING SOURCE:
Donations.
WHAT ACTION ACCOMPLISHES:
Allows the use of funds for LeeGrows.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
After Chairman Mann thanked Ms. Carolyn Murphey and the other donors for their contributions to the Lee Grows
program, Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried.
RESOLUTION NO. 11-09-16
B)
ACTION REQUESTED/PURPOSE:
Request Board accept receipt of $77,592.00 from two insurance carriers of the responsible
parties to repair accident damage to 2010 Gillig Bus 503 in the amount of $30,097.00, and
accident damage to 2008 Gillig Bus #423 in the amount of $47,495.00. Request Board
approval for a budget amendment of $77,592.00. (
#20110568-
TRANSIT)
FUNDING SOURCE:
No additional funds required.
WHAT ACTION ACCOMPLISHES:
Establishes a budget for both the revenue and expense to repair Bus 503 and Bus 423.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried.
RESOLUTION NO. 11-09-17
C)
ACTION REQUESTED/PURPOSE:
Approve extension of the following two (2) MSTBU Interfund loans from 9/30/2011 to
9/30/2012: Palmona Park loans #178 and #188 (Fund 10228) for $7,023.00 plus accrued
(
#20110651-
PUBLIC RESOURCES)
FUNDING SOURCE:
Restricted Fund (10400).
WHAT ACTION ACCOMPLISHES:
Provides extension of loans until collection of revenues to reimburse for services.
MANAGEMENT RECOMMENDATION:
Approve.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
Consent Agenda Item 7(c) should be deferred for one week to allow for further review. Commissioner Manning
moved approval, seconded by Commissioner Judah, called and carried.
8. NATURAL RESOURCES/ SOLID WASTE
No requests received.
9. PARKS AND RECREATION
A)
ACTION REQUESTED/PURPOSE:
Approve budget resolution for FY 10-11 in the amount of $200,000.00. In accordance
with the Purchase Agreement, the County received $200,000.00 for future environmental
restoration and management of Parcel 389, a Conservation 20/20 property located on Pine
Island. (
#20110701-
PARKS AND RECREATION)
FUNDING SOURCE:
Recreation Operations; Project-Conservation 20/20-Parcel 389.
WHAT ACTION ACCOMPLISHES:
Allows funds to be identified for future environmental restoration and management of the
property.
MANAGEMENT RECOMMENDATION:
Approve.
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BOOK - 2011R - B.O.C.C.-----------------------------------
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Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried.
RESOLUTION NO. 11-09-18
10. PUBLIC SAFETY
A)
ACTION REQUESTED/PURPOSE:
Approve
Extension to Interlocal Agreement
and Prevention Services to the Maravilla MSTU and Naravez Marvaez for the period
beginning October 1, 2011 through September 30, 2012, based on final taxable value
provided by the Property Appraiser utilitizing four mills as millage rate.
(
#20110550-
PUBLIC SAFETY)
FUNDING SOURCE:
Non-Department, Maravilla Fire Protection, Other Contracted Services.
WHAT ACTION ACCOMPLISHES:
Continues fire protection services to the residents of Maravilla MSTU District by the City
MANAGEMENT RECOMMENDATION:
Staff recommends approval.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
On Consent Agenda Item 10(a), within the
ACTION REQUESTED/PURPOSE:
Replace the word “Naravez with
“Marvaez”. Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried.
11. PUBLIC WORKS ADMINISTRATION
No requests received.
12. TRANSPORTATION
A)
ACTION REQUESTED/PURPOSE:
Approve entering into a
Landscape Installation and Maintenance Agreement
the Chair to execute the agreement. (
#20110697-
TRANSPORTATION)
FUNDING SOURCE:
None required by the County. Funding to be provided by the Worthington Community
WHAT ACTION ACCOMPLISHES:
Establishes the installation and maintenance responsibilities of both parties and allows the
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried.
13. UTILITIES
A)
ACTION REQUESTED/PURPOSE:
Developer Contributed Asset: Approve final acceptance, by Resolution, as a donation of
one 10-inch diameter master meter assembly to provide potable water service and fire
Marino Pointe Drive, approximately 2/3 of a mile northwest of Estero Parkway.
(
#20110674-
UTILITIES)
FUNDING SOURCE:
No funds required.
WHAT ACTION ACCOMPLISHES:
Provides adequate utility infrastructure to support development of the subject property and
MANAGEMENT RECOMMENDATION:
Approval.
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BOOK - 2011R - B.O.C.C.-----------------------------------
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Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried.
RESOLUTION NO. 11-09-19
B)
ACTION REQUESTED/PURPOSE:
Concur with the ranking of Consultants by the Competitive Negotiations Committee for
CN-11-14 Utilities Rate Financial Consultant, in the following order of ranking and
authorize contract negotiations to commence with the number one ranked firm:
(2) Burton & Associates
(3) Raftelis Financial Consultants, Inc.
(
#20110684-
UTILITIES)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Consultant will provide general utility financial consulting services and assistance for the
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
Commissioners Bigelow and Mann expressed concern regarding the ranking of consultants. Commissioner Judah
moved approval, seconded by Commissioner Manning. Utilities Director Pam Keyes responded to concerns, and
provided clarification on the necessity of the consultants. Discussion ensued with Ms. Keyes, Assistant County
Commissioner Hall requested a copy of the agreement, and Commissioner Bigelow requested a copy of Attorney John
Fumero’ s contracts, the motion was called and carried, with Commissioners Mann and Bigelow dissenting.
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 can now be viewed on the Clerk's
Website at WWW.LEECLERK.ORG by accessing the BoCC Minutes and Documents
link. (
#20110723-
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 Manning moved approval, seconded by Commissioner Hall, 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 August 29 through September 2, 2011:
August 29, 2011 (Budget Workshop) August 30, 2011 (Regular)
August 31, 2011 (Executive Session)
(
#20110724-
MINUTES)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
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BOOK - 2011R - B.O.C.C.-----------------------------------
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Approval of the Board Minutes, pursuant to Florida Statute 286.011.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried.
C)
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.
Tax Deed No.
2010-002716
2010-002918
2010-002928
Amount
$32.44
$34.65
$34.65
(
#20110725-
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 claimants.
Commissioner Manning moved approval, seconded by Commissioner Hall, 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
No requests received.
6. HUMAN SERVICES
No requests received.
7. INDEPENDENT
A)
ACTION REQUESTED/PURPOSE:
$125,000.00. (
#20110705-
TRANSIT)
FUNDING SOURCE:
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BOOK - 2011R - B.O.C.C.-----------------------------------
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Independent Division, Transit Operating, Fixed Route, Equipment Repair Parts, Vehicle
Maintenance.
WHAT ACTION ACCOMPLISHES:
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning. Transit Director Steve Myers explained
the expenditures, and Procurement Manager Bob Franceschini clarified the utilization of the waiver. Following Board
discussion, the motion was called and carried.
B)
ACTION REQUESTED/PURPOSE:
1. Approve Addendum to the Construction Manager Agreement under project RFQ-11-05
Annual Contract for Construction Management, for the project known as Admin Building
Guaranteed Maximum Price (GMP) of $307,828.00 (includes CM Fee of $22,915.00 or
8.65%), utilizing 100% local vendors, with a total project time of sixty (60) calendar days.
2. Approve waiving of the formal process (if needed) and authorize the use of Direct
allows the County to purchase directly from suppliers of equipment and/or materials as a
cost/time saving measure.
3. Authorize Chair to execute Addendum upon receipt.
(
#20110708-
FACILITIES MANAGEMENT)
FUNDING SOURCE:
Administration Building.
WHAT ACTION ACCOMPLISHES:
Provides a Construction Manager for the re-roofing of the Administration Building.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Hall. Assistant County Manager Pete Winton
requested this item be deferred for one week. Following response by Facilities Management Director Rich Beck to
Commissioner Bigelow’s question, the motion was called and carried.
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
No requests received.
15. HEARING EXAMINER
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BOOK - 2011R - B.O.C.C.-----------------------------------
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No requests received.
16. CONSTITUTIONAL OFFICERS
No requests received.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
No requests received.
THE 9:30 AM PUBLIC HEARINGS WERE HEARD SIMULTANEOUSLY, WITH VOTES TAKEN
SEPARATELY.
9:30 A.M. AGENDA ITEM –
Public Hearing
1. ACTION REQUESTED/PURPOSE:
Ordinance No. 06-26, as amended. (
#20110685-
COUNTY ATTORNEY)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Eliminates any potential violation of the regulatory preemption pertaining to firearms, ammunition
and related components adopted by the Florida Legislature in Florida Statutes Chapter 790.
MANAGEMENT RECOMMENDATION:
Adopt ordinance.
Affidavit of
Publication for the two 9:30 AM Public Hearings
and entered it into the record. She further noted there were two
separate Public Hearings with like issues dealing with amendment of the County’s regulations based on the recent
legislative change. The Chairman called for public comment and the following citizen came forward:
Following Board comments, Commissioner Manning moved approval, seconded by Commissioner Hall, called and
carried, with Commissioners Judah and Bigelow dissenting. The Ordinance adopted by the Board and filed was LEE
COUNTY ORDINANCE NO. 11-09, ENTITLED:
EFFECT OF RECITALS, CONFLICTS, INCLUSION IN THE CODE,
SEVERABILITY AND AN EFFECTIVE DATE
2. ACTION REQUESTED/PURPOSE:
as amended. (
#20110686-
COUNTY ATTORNEY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Eliminates any potential violation of the regulatory preemption pertaining to firearms, ammunition
and related components adopted by the Florida Legislature in Florida Statutes Chapter 790.
MANAGEMENT RECOMMENDATION:
Adopt ordinance.
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried, with Commissioners
Judah and Bigelow dissenting. The Ordinance adopted by the Board and filed was
NO. 11-10, ENTITLED:
ORDINANCE NO. 93-15, AS AMENDED BY ORDINANCE NOS. 94-17 AND
PROVIDING FOR EFFECT OF RECITALS; PROVIDING FOR CONFLICTS
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BOOK - 2011R - B.O.C.C.-----------------------------------
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OF LAW SEVERABILITY, CODIFICATION, SCRIVENER’S ERRORS AND
AN EFFECTIVE DATE
WALK-ON ITEM NO. 1 WAS HEARD DURING THE PRESENTATION.
WALK-ON ITEM NO. 1
1. ACTION REQUESTED/PURPOSE:
Ceremonial presentation recognizing contributors of the Big Backpack Event. (
#20110755-
COMMISSIONER
JUDAH)
Commissioner Judah read and presented a Ceremonial Resolution recognizing founders of the Multicultural
Centre of SW Florida, Inc., and extended heartfelt appreciation to Leonardo Garcia, Connie Ramos-Williams and Ron
COMMISSIONER ITEMS
IMPASSABLE ROADWAYS – Commissioner Hall expressed concern over the condition/safety of
two roadways, Bartholomew and Laurel, and requested an update from Emergency Management Staff.
MATLACHA BRIDGE BAT HABITAT – Commissioner Judah noted that the Bats have returned to
the area and are using the new bat houses. Commissioner Hall left the meeting briefly during Commissioner Judah’s
comments.
NOTICE OF TIME OFF – Commissioner Bigelow indicated the need for a policy in which Contract
Employees with predetermined time off should inform the Board members.
Human Services Director Ann Arnall had drafted a letter for his signature to be sent to the Governor and the
Legislative Delegation requesting funds for the Bob Janes Triage Center. Commissioner Hall moved approval,
seconded by Commissioner Manning, called and carried.
COMMITTEE APPOINTMENTS
EXECUTIVE REGULATORY
OVERSIGHT COMMITTEE.
Commissioner Manning moved approval, seconded by Commissioner Hall, called
and carried.
EXECUTIVE REGULATORY
OVERSIGHT COMMITTEE,
AFFORDABLE HOUSING COMMITTEE
(
RESOLUTION NO. 11-09-20)
, reappoint Jennifer Sapen and Michael Ekblad to the
LAND DEVELOPMENT
CODE ADVISORY BOARD,
CONSTRUCTION LICENSING BOARD
seconded by Commissioner Manning, called and carried.
Commissioner Manning moved to reappoint James Schivinski to the
CONSTRUCTION INDUSTRY
ADVISORY COMMITTEE
LAND DEVELOPMENT CODE ADVISORY
BOARD,
and David Salko to the
ROADWAY LANDSCAPE ADVISORY COMMITTEE,
seconded by
Commissioner Hall, called and carried.
COUNTY MANAGER ITEMS
COUNTY ATTORNEY ITEMS
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The Chairman recessed the meeting until 5:00 p.m. The Chairman called the meeting back to order at 5:00 p.m. with
all Commissioners present. Commissioner Bigelow arrived at 5:01 p.m.
5:00 P.M. AGENDA ITEM –
Public Hearing
1. ACTION REQUESTED/PURPOSE:
If after receiving public input a consensus on an alternative, or modified alternative, is reached,
direct staff to set the necessary public hearing for the adoption of a Resolution establishing and
#20110687-
COMMUNITY DEVELOPMENT)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Establishes districts with approximately equal population, as required by the Florida Statute.
MANAGEMENT RECOMMENDATION:
Select Alternative 1.
Affidavit of
Publication
for this item, and briefly described the request. Commissioner Bigelow arrived at this time. Division of
Planning Principal Planner Rick Burris presented five (5) alternatives for the proposed redistricting, and advised that
the refinement of the 5 alternatives resulted in the creation of a sixth alternative that meets all the criteria established
for redistricting. The Chairman called for public comment and the following concerned citizens came forward:
Lehigh Acres resident
Matlacha resident
The Reserve at Estero representative
Brooks Concerned Citizens representative
Nick Batos
Concerned Citizens of Bayshore Community representative
Steve Brodkin
Estero resident
Bev MacNellis
Commissioners Manning and Judah thanked all who had worked to put together Alternative 6. Board discussion
ensued with Mr. Burris and County Attorney Hunt responding to questions. Commissioner Hall moved Alternative 6
to Public Hearing on October 11, 2011 at 9:30 a.m., seconded by Commissioner Manning. After Attorney Collins
confirmed that a
map
would be published in the News-Press depicting the division lines proposed in Alternative 6, the
motion was called and carried.
Public Presentation of Matters by Citizens
Alva resident
also commented on the Fumero Contract (
copies on file in the Minutes office)
.
The Chairman adjourned the meeting at 5:39 p.m.
__________________________
_____________________________
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