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BOOK - 2011R - B.O.C.C.------------------------------------
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OCTOBER 4, 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 asked fora moment of silence to honor the
memory of Jerry Schmoyer, a well-known area developer, who passed away on September 29, 2011.
The Invocation was given by Paul Lodato, WRXY Christian Television, followed by the Pledge of
Allegiance.
PRESENTATIONS
Commissioner Hall read and presented a Ceremonial Resolution proclaiming the week of October 2-
10, 2011 as Lee Memorial Health Systems Auxiliaries Week in Lee County and urging our citizens to recognize
theses Auxiliaries and their members for their past, present and future contributions to quality health are for us all.
LMHS Board Member and Auxiliary Liaison Diane Champion accepted the Resolution on behalf of the Auxiliaries,
and expressed appreciation to the Board for the recognition.
(#20110804-
Commissioner Hall)
Members of Girl Scouts Troop #798 from Estero reviewed their individual projects in pursuit of the
Girl Scout Bronze Award. Members of the troop presented a painting made by the Troop, asking everyone to Make a
“PAWSitive” Difference. The painting will be on display at the Lee County Animal Shelter promoting pet adoptions.
(#20110805-
County Commissioners)
ANNOUNCEMENTS
Referring to the
Agenda Recap Sheet
dated October 4, 2011, the Chairman announced that one Walk-On item
would be taken 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; however, no one came forward to offer comment.
The following are Consent Agenda items that each Board member wished to have discussed:
Commissioner Hall - None
Commissioner Manning None
Commissioner Judah – None
Commissioner Bigelow-5B, 13A, 14C, 14D, 14E
Commissioner Mann - None
CONSENT 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.
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5. COUNTY LANDS
A)
ACTION REQUESTED/PURPOSE:
A) Approve
Purchase Agreement
for acquisition of a 13,000 sq. ft. parcel identified as
Parcel 101, Lehigh Park Improvements Project No. 1865 in the amount of $5,600, pursuant
to the terms and conditions set forth in the Agreement;
B) Authorize the Chairman on behalf of the Board to execute the Purchase Agreement;
C) Authorize the payment of necessary costs and fees to close;
complete this transaction. (
#20110770-
COUNTY LANDS)
FUNDING SOURCE:
Fund: Lehigh Community Park Impact Fees; Program: Capital Projects; Project: Lehigh
WHAT ACTION ACCOMPLISHES:
1865, without the necessity of an eminent domain action.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
B)
ACTION REQUESTED/PURPOSE:
A) Approve
Purchase Agreement
for acquisition of Parcel 213, a 600 square feet (SF) Fee
Simple interest, Parcel 213PE, a 300 SF
Slope Easement
interest, Parcel 213TCE1 and
213TCE2, two
Temporary Construction Easements
consisting of 119 SF and 221 SF,
located at 25 Homestead Road, Lehigh Acres, FL, for the Homestead Road Widening
Project No. 5063 in the total amount of $8,500;
complete this transaction.
(#20110785-
COUNTY LANDS)
FUNDING SOURCE:
Fund: Road Impact Fees - Central District; Program: Capital Projects; Project: Homestead
Road Widening Project No. 5063.
WHAT ACTION ACCOMPLISHES:
Acquires Parcel 213 land for the widening project.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
County Lands Director Karen Maguire provided clarification to questions by Commissioner Bigelow. Commissioner
Bigelow moved approval, seconded by Commissioner Judah, called and carried.
6. HUMAN SERVICES
A)
ACTION REQUESTED/PURPOSE:
Approve amendments to
contract #4986
with Home Ownership Resource Center and
contract #4900
agencies to increase funds and the number of persons served through the Homebuyer
are also being added to the marketing component so that the program can continue to be
adequately promoted. (
#20110745-
HUMAN SERVICES)
FUNDING SOURCE:
Development/Neighborhood Stabilization Program (NSP) - Title III of Division B of the
WHAT ACTION ACCOMPLISHES:
agencies.
MANAGEMENT RECOMMENDATION:
Approve.
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Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried
7. INDEPENDENT
A)
ACTION REQUESTED/PURPOSE:
Request Board Approve
Interlocal Agreement
in the amount of $977,890.00 with the City
budget and the City will contribute towards the cost of the service located within the City
Transit will fund $350,038, and $45,338 is funded by fares.
(#20110756-
TRANSIT)
FUNDING SOURCE:
budget.
WHAT ACTION ACCOMPLISHES:
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
B)
ACTION REQUESTED/PURPOSE:
(A)Approve award of Formal Quotation No. Q-110236 Vehicle Repair Parts for Fleet
(B) The initial term of this quote is one year; also request authority to renew this quote for
four additional one-year periods, at the same terms and conditions, if in the best interest of
basis.
(C) In the event that the low quoter is unable to establish the effectiveness of their product,
request that the Procurement Management Director be given authority to act on behalf of
the Board in the event of vendor non-compliance so that the Procurement Management
Director can proceed to the next low quoter(s).
(D) Funding will be available from the individual department or division's budget whom
will be responsible for monitoring their individual expenditures. Estimated annual
expenditures will be approximately $230,000.00 for the repair parts.
(
#20110784-
FLEET MANAGEMENT)
FUNDING SOURCE:
Fleet Management. Rolling and Motorized Equipment.
WHAT ACTION ACCOMPLISHES:
Allows Fleet Management to obtain repair parts necessary to keep the county’s fleet of
motorized equipment functional.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, 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.
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465
BOOK - 2011R - B.O.C.C.------------------------------------
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12. TRANSPORTATION
A)
ACTION REQUESTED/PURPOSE:
Approve entering into an
Interlocal Agreement
traffic signal maintenance.
(#20110769-
TRANSPORTATION)
FUNDING SOURCE:
No funds required for this action.
WHAT ACTION ACCOMPLISHES:
Executes an agreement with FGCU which outlines the responsibility for traffic signal
maintenance on University property.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried
13. UTILITIES
A)
ACTION REQUESTED/PURPOSE:
A) Concur with the ranking by the Competitive Negotiations Committee for CN-11-13
Fiesta Village Headworks & Odor Control in the following order 1) Hazen and Sawyer,
#20110774-
UTILITIES)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
To provide design, permitting, and construction observation and inspection services for the
Fiesta Village WWTP Headworks and Odor Control project including:
a. Removal and replacement of existing headworks odor control, properly sized;
considering all odor control treatment options.
b. Bypass line for headworks area, to allow for headworks repair/restoration.
c. Inspection and design plan for repair/restoration of headworks structure, including a
review of grit removal system and channel flow distribution.
d. Any associated electrical and instrumentation/control modifications.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
Utilities Director Pam Keyes addressed Commissioner Bigelow’s questions with respect to the bidding process and
qualifications of the bidders, emphasizing that the recommended bidder was more specialized in odor control and
removal of grit. Commissioner Bigelow noted his longtime disapproval of the makeup of the committee.
Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried, with Commissioner
Bigelow voting nay.
14. COUNTY ATTORNEY
CONSENT AGENDA ITEMS 14C, 14D AND 14E WERE HEARD SIMULTANEOUSLY
A)
ACTION REQUESTED/PURPOSE:
Approve and execute
Funding Agreement
Legal Services, Inc. for County funding of legal aid in the amount of $175,502.00 for the
period of October 1, 2011 through September 30, 2012. (
#20110776-
COUNTY
ATTORNEY)
FUNDING SOURCE:
09.
WHAT ACTION ACCOMPLISHES:
Finalizes the Funding Agreement with the Florida Rural Legal Services, Inc. for legal
matters, home foreclosures, etc. Florida Statutes Section 29.008 requires local government
funding for indigent legal services.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Bigelow moved approval, seconded by Commissioner Hall for discussion, called and carried.
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B)
ACTION REQUESTED/PURPOSE:
Approve and execute
Funding Agreement
Aid Society, Inc. for County funding of legal aid in the amount of $339,356.00 for the
period of October 1, 2011 through September 30, 2012. (
#20110777-
COUNTY
ATTORNEY)
FUNDING SOURCE:
09.
WHAT ACTION ACCOMPLISHES:
for family law matters. Florida Statute Section 29.008 requires local government funding
for indigent legal services.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Bigelow moved approval, seconded by Commissioner Hall for discussion, called and carried.
ITEMS 14C, 4D AND 14E WERE HEARD SIMULTANEOUSLY
Consent Agenda Items 4C, 14D and 14E were combined for consideration. County Attorney Michael Hunt responded
to questions from Commissioner Bigelow regarding specific amounts for each item. Commissioner Bigelow then
CONSENT AGENDA ITEMS 14C, 14D AND 14E WERE HEARD SIMULTANEOUSLY
C)
ACTION REQUESTED/PURPOSE:
Approve and execute
Funding Agreement
support staff.
(
#20110778-
COUNTY ATTORNEY)
FUNDING SOURCE:
Funding for the positions for the State Attorney for Fiscal Year 2011-2012 budget is
budgeted in ED6020200100 and ED6020210601.
WHAT ACTION ACCOMPLISHES:
Chapter 27, Florida Statutes, provides that the County may contribute additional funding
for the State Attorney's Office by contract. Approval of Agreement provides funding for
enforcement of county ordinances and other services by the State Attorney.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
County Attorney Michael Hunt responded to questions from Commissioner Bigelow regarding specific amounts for
each item. Commissioner Bigelow then directed questions to Assistant County Manager Pete Winton regarding
department-specific subsidies. Commissioner Hall stated her support of Commissioner Bigelow’s request for
additional clarification in the Blue Sheets. Chairman Mann noted that the offices of the State Attorney and the Public
Defender assist the Board in enforcement of local County Ordinances. Commissioner Bigelow moved approval,
seconded by Commissioner Hall for discussion, called and carried.
D)
ACTION REQUESTED/PURPOSE:
Approve and execute
Funding Agreement
support staff.
(
#20110788-
COUNTY ATTORNEY)
FUNDING SOURCE:
Funding for the positions for the Public Defender for Fiscal Year 2011-2012 budget is
budgeted in EC6030300100 and EC6030310601.
WHAT ACTION ACCOMPLISHES:
Chapter 27, Florida Statutes, provides that the County may contribute additional funding
for the Public Defender's Office by contract. Approval of Agreement provides funding for
enforcement of county ordinances and other services by the Public Defender.
MANAGEMENT RECOMMENDATION:
Approve.
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County Attorney Michael Hunt responded to questions from Commissioner Bigelow regarding specific amounts for
each item. Commissioner Bigelow then directed questions to Assistant County Manager Pete Winton regarding
department-specific subsidies. Commissioner Hall stated her support of Commissioner Bigelow’s request for
additional clarification in the Blue Sheets. Chairman Mann noted that the offices of the State Attorney and the Public
Defender assist the Board in enforcement of local County Ordinances. Commissioner Bigelow moved approval,
seconded by Commissioner Hall for discussion, called and carried.
E)
ACTION REQUESTED/PURPOSE:
Approve and execute
Funding Agreement
personnel positions for the local Guardian ad Litem Program. (
#20110795-
COUNTY
ATTORNEY)
FUNDING SOURCE:
$2.00 Court Technology Fee.
WHAT ACTION ACCOMPLISHES:
Approval of Agreement provides funding for 1.5 Full-time Equivalent State Employee
Data Collection and Measurement Personnel in the Guardian Ad Litem Office.
MANAGEMENT RECOMMENDATION:
Approve.
County Attorney Michael Hunt responded to questions from Commissioner Bigelow regarding specific amounts for
each item. Commissioner Bigelow then directed questions to Assistant County Manager Pete Winton regarding
department-specific subsidies. Commissioner Hall stated her support of Commissioner Bigelow’s request for
additional clarification in the Blue Sheets. Chairman Mann noted that the offices of the State Attorney and the Public
Defender assist the Board in enforcement of local County Ordinances. Commissioner Bigelow moved approval,
seconded by Commissioner Hall for discussion, called and carried.
15. HEARING EXAMINER
No requests received.
16. CONSTITUTIONAL OFFICERS
A)
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. (
#20110799-
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 the Minutes for the following meetings of the Board of County Commissioners
held during the week of September 19 through September 23, 2011:
September 19, 2011 (Zoning) September 19, 2011 (Executive Session)
September 20, 2011 (Regular) September 21, 2011 (Final Budget Hearing)
(
#20110801-
MINUTES)
FUNDING SOURCE:
N/A
HAT 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.
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C)
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
$ 8,193.95
2008-002254 FL Dept of Revenue
322.81
2008-002395 Savant Asset Recovery Svcs. LLC
2007-000431 Jupiter Asset Recovery, LLC
17,367.03
2010-001583 KBJ Minerals LLC
32,307.61
(
#20110802-
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
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.
No requests received.
7. INDEPENDENT
No requests received.
8. NATURAL RESOURCES/ SOLID WASTE
A)
ACTION REQUESTED/PURPOSE:
Schedule a Public Hearing for October 25, 2011 at 9:30 AM to consider amendments to
County Solid Waste Ordinance 11-03 specifically with respect to solid waste collection
services at 23 mobile home parks. (
#20110798-
SOLID WASTE)
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FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Schedules a Public Hearing agenda item.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Judah for discussion. The motion was called and
carried.
9. PARKS AND RECREATION
No requests received.
10. PUBLIC SAFETY
No requests received.
11. PUBLIC WORKS ADMINISTRATION
No requests received.
12. TRANSPORTATION
A)
ACTION REQUESTED/PURPOSE:
Camera System for DOT/Traffic, from the exclusive Aldis distributor Gulf Industries, with
an estimated annual expenditure “not to exceed” $200,000.00.
(
#20110779-
TRANSPORTATION)
FUNDING SOURCE:
Fund-Transportation Trust Fund; Program-DOT Traffic-Signals.
WHAT ACTION ACCOMPLISHES:
Allows DOT/Traffic to obtain equipment, parts and services for the Aldis Gridsmart
System from Gulf Industries.
MANAGEMENT RECOMMENDATION:
Approve.
DOT Director Dave Loveland informed that the recommended vendor is the only merchant in Southwest Florida
currently selling the Aldis Gridsmart Camera System. Commissioner Manning moved approval, seconded by
Commissioner Judah, called and carried with Commissioner Bigelow voting nay.
13. UTILITIES
No requests received.
14. COUNTY ATTORNEY
A)
ACTION REQUESTED/PURPOSE:
Burnt Store Road Project. (
#20110751-
COUNTY ATTORNEY)
FUNDING SOURCE:
Fund: toll surplus, land; Program: Capital Improvement Project; Project: Burnt Store
Road.
WHAT ACTION ACCOMPLISHES:
Settles all claims for condemnation of Parcel 138 including fees and costs.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
15. HEARING EXAMINER
No requests received.
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16. CONSTITUTIONAL OFFICERS
No requests received.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
No requests received.
WALK-ON ITEM NO. 1
ACTION REQUESTED/PURPOSE
:
A) Concur with the ranking by the Competitive Negotiations Committee for CN-11-12 Improvements for the
Minnesota Twins Spring Training Facility in the following order 1): Populous; 2) DLR Group; 3) HKS Inc.
and 4) BSSW Architects.
#20110813-
Construction and Design)
FUNDING SOURCE
:
N/A
WHAT ACTION ACCOMPLISHES
:
Provides a Consultant to assist in the planning and development of possible improvements at the Lee County
Sports Complex, 14100 Six Mile Cypress Parkway, Fort Myers, Florida 33912, with regard to its use as the
MANAGEMENT RECOMMENDATION
: Approve
REASON FOR WALK ON
:
The reasoning for the advancement is to allow the consultant to begin analyzing the work that will be needed
so they can determine the cost the services will require. The cost will be brought back to the Board for
approval.
Assistant County Manager Doug Meurer reviewed the reason for the walk-on, and responded to Commissioner
Bigelow’s questions regarding the need for the walk-on and the use of TDC funds. Following comments by
Commissioner Judah, Commissioner Manning moved approval, seconded by Commissioner Judah. Following
comments by Commissioner Bigelow regarding the Blue Sheet and the makeup of the selection committee members,
Chairman Mann emphasized the purpose for today’s discussion is for placement of all items under consideration. The
motion was called and carried with Commissioner Bigelow voting nay.
COMMISSIONER ITEMS
and Human Services Manager Ann Arnall for their efforts in obtaining another National Award for the Bob Janes’
Triage Center, which represents efforts by the County to ensure the quality of life and generosity of the many
organizations that support the center.
MAKE A
“PAWSitive”
DIFFERENCE- Commissioner Hall recommended concurrence with a
suggestion from the Girl Scouts’ earlier presentation, and asked County Manager Karen Hawes to confer with Animal
Services as to the feasibility of showcasing a homeless pet for adoption at the Board meetings.
CONDOLENCES- Commissioner Hall expressed the Board’s heartfelt sympathy to the family of Jerry
PUBLIC LIBRARY- Responding to the request of Commissioner Judah for an update from the County
Manager regarding delayed construction of the new downtown public library. At the request of Commissioner
HUETHER LITIGATION- Commissioner Bigelow conveyed concern regarding outside counsel hired
for this litigation. County Attorney Michael Hunt opined that there is no conflict of interest with representation hired
as it relates to the Board. Commissioner Bigelow advised that his preference is to hire alternative counsel.
Commissioner Manning left the Chambers at 10:31a.m.and was absent for the remainder of the meeting.
REQUEST FOR CONTRACT COPIES- Commissioner Bigelow clarified his request for copies of contracts
with John Fumero, stating that the request was for all contracts, including any contracts of record with the County
Attorney. Deputy Assistant County Attorney Andrea Fraser noted that copies of all of the contracts are on the
County’s Website.
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UPCOMING REDISTRICTING- Commissioner Mann stated that he will be absent for the Regular Board
meeting on October 11, 2011, and restated his support of Alternative Six, requesting deferral pending his return the
next week if issues arise concerning other options. .
COMMITTEE APPOINTMENTS
DISASTER ADVISORY COMMITTEE
, seconded by Commissioner Mann, called and carried.
Commissioner Bigelow moved to re-appoint Danny Halvatzis to the
, and
COMMUNITY SUSTAINABILITY COMMITTEE
, seconded by
Commissioner Hall, called and carried.
Commissioner Mann informed the Board of the resignation of Jeffrey D. Fridkin, Airport Special Management
Commissioner Hall requested deferral of the appointment until the entire Board has had the opportunity to consider
and discuss optional recommendations. Chairman Mann agreed to defer the appointment for two weeks
COUNTY MANAGER ITEMS
COUNTY ATTORNEY ITEMS
The Chairman adjourned the meeting at 10:44 a.m.
__________________________
_____________________________________
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