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BOOK - 2011R - B.O.C.C.------------------------------------
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MARCH 1, 2011
The
Regular Meeting
of the
was held on this date with the
following Commissioners present:
PRESENTATION
Walk on Item No. 1 was heard at this time. See that portion for action taken.
ANNOUNCEMENTS
Referring to the Agenda
Recap Sheet
dated March 1, 2011, the Chairman announced that:
Consent Agenda Item 13c should be omitted from the agenda. It has already been approved as Consent
Agenda Item 13a on February 22, 2011, and was duplicated in error. Commissioner Hall moved approval, seconded
by Commissioner Manning, called and carried.
Walk-on Item No. 2 would be taken at the appropriate time.
9:30 A.M. AGENDA ITEM
- Public Comment on Agenda Items
Consent (C) and Administrative (A)
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 - None
Commissioner Bigelow - None
CONSENT AGENDA
1. COUNTY ADMINISTRATION
No requests received.
2. COMMUNITY DEVELOPMENT
A)
ACTION REQUESTED/PURPOSE:
Amend existing SHIP (State Housing Initiatives Partnership)
Contract # C-3936
with the
(from $270,000.00 to $245,000.00). Also, execute a
grant award agreement
for
$76,000.00 in SHIP funds with Partnership-In-Housing, Inc. for the rehabilitation of up to
41 farm-worker rental housing units for very low income households at Pueblo Bonito in
#20110116-
COMMUNITY DEVELOPMENT)
FUNDING SOURCE:
SHIP Local Housing Assistance Funds.
WHAT ACTION ACCOMPLISHES:
Allows adaptation to current housing market conditions, and allows the county to enter
into a grant award agreement for the expenditure of 2008/2009 SHIP funds to increase the
supply of affordable housing.
MANAGEMENT RECOMMENDATION:
Approve.
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Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
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:
Approve and execute
Modification #2
(LIHEAP). (
#20110124-
HUMAN SERVICES)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Extends the current LIHEAP contract from March 31, 2011 to May 31, 2011.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Approve and execute
modification #1
funds to the FY2011 budget. (
#20110135-
HUMAN SERVICES)
FUNDING SOURCE:
General Fund 20% match, funds already budgeted, no additional funds necessary.
WHAT ACTION ACCOMPLISHES:
Increases the current $236,056 CSBG budget to $254,925.00
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NO. 11-03-01
7. INDEPENDENT
A)
ACTION REQUESTED/PURPOSE:
Approve an
#20110145-
TRANSIT)
FUNDING SOURCE:
FDOT Grants totaling $850,221.00 and an FTA Grant in the amount of $152,913.00, and
the required local match for both grants of 50% will be funded by realignment of existing
existing service will be done without additional local funds. These adjustments will be
made as part of the FY11/12 Budget preparation.
WHAT ACTION ACCOMPLISHES:
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
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BOOK - 2011R - B.O.C.C.------------------------------------
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Commissioner Hall noted support of transit and regionalization, but could not support the request as she felt there
needed to be further data. Commissioner Judah pointed out that funding for Route 150 used for the Bonita Springs
and Bonita Beach would enhance ridership and service. Transit Director Steve Myers clarified that it is revenue
neutral as we will not be expending additional dollars. Board discussion ensued with Mr. Myers providing further
input; and Commissioner Mann expressing hesitation to move forward. Commissioner Manning moved the item with
the proviso that it be reviewed on an annual basis, seconded by Commissioner Judah, called and carried with
Commissioners Hall and Mann voting nay.
B)
ACTION REQUESTED/PURPOSE:
Adopt budget amendment resolution in the amount of $78,200.00 to establish budget for
(
#20110146-
LIBRARY)
FUNDING SOURCE:
Reading Festival related donations.
WHAT ACTION ACCOMPLISHES:
Accepts various donations as unanticipated revenue and designates expenditures.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NO. 11-03-02
8. NATURAL RESOURCES/ SOLID WASTE
A)
ACTION REQUESTED/PURPOSE:
Approve waiving of the formal process (if needed) under B-11-05 Construction &
Demolition Debris Recycling Facility, and authorize the use of the Direct Materials
Purchase Orders which allows the County to purchase directly from suppliers of equipment
and/or materials as a cost/time saving measure from the General Contractor.
(
#20110147-
SOLID WASTE)
FUNDING SOURCE:
Solid Waste Enterprise Fund, funds already budgeted, no additional funds necessary.
WHAT ACTION ACCOMPLISHES:
Allows the County to save costs and time through the General Contractor by utilizing the
County’s Direct Material Purchase program.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
9. PARKS AND RECREATION
A)
ACTION REQUESTED/PURPOSE:
Approve
Budget Transfer
and Budget Amendment from Boca Grande Community Park
Impact Fee reserves, in the amount of $15,000.00, for the Boca Grande Improvements
project; and amend the FY 10/11 - 14/15 CIP budget accordingly.
(
#20110109-
PARKS AND RECREATION)
FUNDING SOURCE:
Fund - Impact Fee Construction - Community Park Boca; Program - Capital Projects;
Project - Boca Grande Improvements.
WHAT ACTION ACCOMPLISHES:
Provides budget for the Boca Grande Improvements project.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NO. 11-03-03
10. PUBLIC SAFETY
No requests received.
11. PUBLIC WORKS ADMINISTRATION
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No requests received.
12. TRANSPORTATION
A)
ACTION REQUESTED/PURPOSE:
Approve, and authorize the Chair to execute,
Supplemental Task Authorization (STA) #1
under project CN-10-08 Miscellaneous Professional Services, to Kisinger Campo
(
#20110123-
TRANSPORTATION)
FUNDING SOURCE:
Project - Hickory Boulevard Paved Shoulders.
Project – Master Signal.
WHAT ACTION ACCOMPLISHES:
Provides a Consultant to verify that Contractor is conducting inspections, preparing reports
and monitoring all storm water pollution prevention measures, analyze problems which
arise on projects and proposals submitted by Contractor, work to resolve issues and
process the necessary paperwork. Reports shall include the verification of quantity
calculations and field measurements for payment purposes as needed to prevent delays in
Contractor operations.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
13. UTILITIES
A)
ACTION REQUESTED/PURPOSE:
Developer Contributed Asset: Approve final acceptance, by Resolution, as a donation of
water and gravity main extensions, to provide potable water service, fire protection and
residential development. This asset project is located on the south side of Corkscrew Road,
approximately 1-2/3 miles west of Alico Road. (
#20110112-
UTILITIES)
FUNDING SOURCE:
No funds required.
WHAT ACTION ACCOMPLISHES:
Provides adequate utility infrastructure to support development of this phase of the subject
MANAGEMENT RECOMMENDATION:
Approval.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NO. 11-03-04
B)
ACTION REQUESTED/PURPOSE:
Approve, and authorize the Chair to execute,
Supplemental Task Authorization (STA) No.
1
to Contract No. 4325, under CN-08-04 Miscellaneous Electrical &/or Instrumentation
known as Electrical Energy Control Procedures in the not to exceed amount of $99,925.00.
(
#20110129-
UTILITIES)
FUNDING SOURCE:
Treatment Plants, Wastewater Treatment Plants, Water Distribution and Wastewater
Collection; Project – Other Contracted Services.
WHAT ACTION ACCOMPLISHES:
electrical energy control procedures specifically related to each facility and fully train
maintenance staff on the procedures developed.
MANAGEMENT RECOMMENDATION:
Approval.
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Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
C)
ACTION REQUESTED/PURPOSE:
Approve Supplemental Task Authorization (STA) No. 1 to Contract No. 5409, to David
and/or Inspection, in the amount of $89,550.00; and authorize County Manager to execute
STA on behalf of the Board. Further, approve use of this “Continuing Contract” for total
estimated construction costs over $1 million that exceeds the current threshold established
by Resolution 10-10-15 and Administrative Code 4-4. (
#20110130-
UTILITIES)
FUNDING SOURCE:
Fund: Utilities Water Connection Fees; Program: Capital Projects; Project: Gladiolus
WHAT ACTION ACCOMPLISHES:
MANAGEMENT RECOMMENDATION:
Approve.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
Consent Agenda Item 13c should be omitted from the agenda. It has already been approved as C13a on February 22,
2011 and was duplicated in error. Commissioner Hall moved approval, seconded by Commissioner Manning, called
and carried.
14. COUNTY ATTORNEY
No requests received.
15. HEARING EXAMINER
No requests received.
16. CONSTITUTIONAL OFFICERS
A)
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.
Tax Deed No. Payee
Amount
2009-005143 First American Mortgage, Inc. $27,750.00
(
#20110153-
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 Judah moved approval, seconded by Commissioner Manning, 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 February 14 through February 18, 2011:
February 15, 2011 (Regular)
(
#20110154-
MINUTES)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Approval of the Board Minutes, pursuant to Florida Statute 286.011.
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MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
C)
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. (
#20110155-
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 Judah moved approval, seconded by Commissioner Manning, called and carried.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
No requests received.
ADMINISTRATIVE AGENDA
1. COUNTY ADMINISTRATION
A)
ACTION REQUESTED/PURPOSE:
(
#20110138-
COUNTY MANAGER)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
21 Medical Examiner.
MANAGEMENT RECOMMENDATION:
Approval.
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
B)
ACTION REQUESTED/PURPOSE:
$7,150,000.00 for the
which
refinances the Capital Revenue Bonds, Series 2000 for savings with a bank loan, and
approve budget amendment resolutions to reflect this transaction.
(
#20110140-
COUNTY MANAGER)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Allows for the issuance of a bank loan to refinance the Capital Revenue Bonds, Series
2000 for savings.
MANAGEMENT RECOMMENDATION:
Capital Revenue Bonds, Series 2000 with a bank loan for savings.
Commissioner Manning moved approval, seconded by Commissioner Judah. At the request of Commissioner Mann,
Assistant County Manager Pete Winton and Dunlap & Associates Financial Adviser Kelly Ryman further clarified the
request, and noted that the refinancing would provide a better interest rate. The motion was called and carried.
RESOLUTION NOS. 11-03-05, 11-03-06,
&
11-03-07
2. COMMUNITY DEVELOPMENT
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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
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:
hold its Annual Meeting, approve the 2011 Annual Report to be filed on-line, and also
approve the minutes of the corporate meetings of March 23, 2010 and May 18, 2010, in
accordance with Chapter 617, Florida Statutes. (
#20110101-
COUNTY ATTORNEY)
FUNDING SOURCE:
None.
WHAT ACTION ACCOMPLISHES:
Maintains non-profit corporate status.
MANAGEMENT RECOMMENDATION:
be filed on-line, and approve the minutes of the corporate meetings of March 23, 2010 and
May 18, 2010.
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B)
ACTION REQUESTED/PURPOSE:
Approve
, Case No. 10CA-3081,
(
#20110139-
COUNTY ATTORNEY)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Settles all claims for acquisition of easement.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
C)
ACTION REQUESTED/PURPOSE:
Adopt Resolutions of Necessity for the acquisition and condemnation of Parcels 147, 151,
156, 156-DE, 208A and 208B required for the Ortiz Avenue Widening, Project No. 4072.
(
#20110148-
COUNTY ATTORNEY)
FUNDING SOURCE:
No funds are required.
WHAT ACTION ACCOMPLISHES:
Allows the County to proceed with condemnation, if required, so Parcels 147, 151, 156,
156-DE, 208A and 208B can be acquired for the Ortiz Avenue Widening Project.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried.
RESOLUTION NOS.11-03-08 THROUGH 11-03-11
15. HEARING EXAMINER
No requests received.
16. CONSTITUTIONAL OFFICERS
No requests received.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
No requests received.
WALK-ON ITEM NO 1
ACTION REQUESTED/PURPOSE:
Ceremonial presentation recognizing Twins spring training. (
#20110177-
Commissioner Mann)
Commissioner Mann read and presented a
Resolution
County’s Parks & Recreation Department, Visitor & Convention Bureau, Sports Authority and Facilities Management
Division, hereby proclaiming its full support for the Minnesota Twins organization and extending their most sincere
WALK-ON ITEM NO 2
14. COUNTY ATTORNEY
2. ACTION REQUESTED/PURPOSE:
BOOK - 2011R - B.O.C.C.------------------------------------
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Discuss and consider entering into an Employment Agreement with selected candidate Michael D.
Hunt for services to be performed as the Lee County Attorney. If approved by the Board, authorize the
Chair to execute same on behalf of the Board. (
#20110166-
COUNTY ATTORNEY)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
All Employment agreements must be approved by the Board. Allows the Board of County
Commissioners to discuss the County Attorney Employment Agreement and take action.
REASON FOR WALK ON:
It was directed at the 2-8-11 meeting that Commissioner Mann would do the contract negotiations and
bring it back to the Board to finalize.
Referring to the
Employment Agreement,
Commissioner Mann pointed out two (2) items negotiated with Attorney
Hunt: four days of Administrative leave with pay to attend the graduation of his daughter and moving expenses.
Board discussion ensued with Human Resources Director Christine Brady and Interim County Attorney Andrea Fraser
responding to questions regarding severance pay. Following Board discussion, with Commissioners Judah and Hall
expressing discomfort with the negotiated package, Commissioner Manning moved approval, seconded by
Commissioner Bigelow, called and carried with Commissioners Hall and Judah voting nay. Further discussion
ensued, with Commissioner Manning moving to allow the four days of Administrative leave, seconded by
Commissioner Bigelow, called and carried with Commissioners Judah and Hall voting nay.
COMMISSIONER ITEMS
of Bonita Springs for the Prayer Breakfast she and Commissioner Judah attended this morning, with approximately
900 residents in attendance.
Myers Civic Association President Gregg Makepeace and Vice President Jack Howerton will be requesting the Board
for an advance from the FY 12/13 to the FY 11/12 budget for the North Fort Myers Regional Recreational Facility.
She further noted that copies of the letter would be forwarded to the Board members.
previous Commissioner Item of February 22
nd
, Commissioner Judah moved to send the
seconded by
Commissioner Hall, called and carried.
CEITUS BOATLIFT AND BARRIER – Commissioner Bigelow suggested the Board collectively take
up the Ceitus Boatlift and Barrier issues. Commissioner Manning indicated that two (2) meetings had been held
recently one in an attempt for a compromise on the Ceitus Boat issue and the other to clarify issues surrounding the
MS4 Permit. He further noted that the City has been informed that the County’s position has not changed. Following
Commissioner Judah’s request for a timeline on this issue; Commissioner Manning confirmed that the Department of
Environmental Protection (DEP) has promised an expeditious response, and noted that this issue was between the City
of Cape Coral and the DEP. Commissioners Judah and Hall request that the Attorney’s Office supply the timeline set
forth by DEP and the possible consequences.
PUBLIC HEARING ANNOUNCEMENT – At the request of Parks and Recreation Director Barbara
Manzo, Chairman Mann announced there would be a public hearing on March 24, 2011 at 6:00 p.m. at the
Caloosahatchee Camp Ground to receive input from the public on the Caloosahatchee Land Stewardship Plan.
COMMITTEE APPOINTMENTS
GASPARILLA ISLAND
MUNICIPPAL SERVICE BENEFIT UNIT,
seconded by Commissioner Hall, called and carried.
COMMUNITY
SUSTAINABILITY COMMITTEE,
LAND DEVELOPMENT CODE ADVISORY
COMMITTEE,
seconded by Commissioner Hall, called and carried.
COUNTY MANAGER ITEMS
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The Chairman adjourned the meeting at 10:31 a.m.
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