Search terms: * |
BOOK - 2011R - B.O.C.C.-----------------------------------
-----------------------------------------
-------------------------------------- PAGE: 235
MAY 24, 2011
The
Regular Meeting
of the
was held on this date with the
following Commissioners present:
COMMISSIONER JUDAH WAS ABSENT
FOR THE ENTIRE MEETING.
The Chairman called the meeting to order at 9:32 a.m., and requested a moment of silence for Parks
and Recreation Maintenance Specialist Pete Schroat who recently passed away. The Invocation was given by Pastor
Peter Covo, Life Church, followed by the Pledge of Allegiance to the Flag.
ANNOUNCEMENTS
Referring to the
Revised Agenda Recap Sheet
dated May 24, 2011, the Chairman announced that:
Consent Agenda Item 3(a) should be deferred to May 31, 2011, to allow for additional review.
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried with Commissioner
Judah absent.
Walk on Item No. 1 should be omitted from the agenda.
Three (3) Walk on Items and One (1) Carry-over 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, and the following citizen came forward:
The following are the Consent Agenda items that each Board member wished to have discussed:
Commissioner Mann - None
Commissioner Manning - None
Commissioner Hall - None
Commissioner Bigelow – 1(a), 7(a), 13(b)
CONSENT AGENDA
1. COUNTY ADMINISTRATION
A)
ACTION REQUESTED/PURPOSE:
Approval of
Gartner, Inc. FIRST Incentive Program award
of $1,000,000.00 and
Performance Agreement. The project consists of a regional multinational business
enterprise. Also, approve
transfer
from General Fund reserves for $1,000,000.00 to have
budget available for payments. (
#20110361-
ECONOMIC DEVELOPMENT)
FUNDING SOURCE:
General Fund – Economic Development Opportunities.
WHAT ACTION ACCOMPLISHES:
paying, target industry based employment.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
Following Economic Development Director Jim Moore’s response to questions by Commissioner Bigelow on the
funds and jobs created, Commissioner Bigelow moved the item, seconded by Commissioner Hall. During brief
------------------------------------------
---APPROVED MINUTES OF 052411R-------------------------------------
-------------------------
BOOK - 2011R - B.O.C.C.-----------------------------------
-----------------------------------------
-------------------------------------- PAGE: 236
comments, Mr. Moore agreed to post the progress of the project on the website. The motion was called and carried
with Commissioner Judah absent.
2. COMMUNITY DEVELOPMENT
No requests received.
3. CONSTRUCTION AND DESIGN
A)
ACTION REQUESTED/PURPOSE:
A. Approve
Addendum to the Construction Manager Agreement
under RFQ-05-08 Justice
Guaranteed Maximum Price of $5,674,934.00 (includes CM Fee of $281,679.00), utilizing
99% local sub-contractors, with a substantial completion time of 434 calendar days and
final completion within 464 calendar days.
B. Also, request that the Board approve waiving of the formal process (if needed), and
authorize the use of the Direct Material Purchase Orders as provided for in the CM
of equipment and/or materials as a cost/time saving measure.
C. Further authorize Chair to execute the CM Addendum upon receipt.
(
#20110330-
CONSTRUCTION AND DESIGN)
FUNDING SOURCE:
Pods B, C, D & Lobby First FL).
WHAT ACTION ACCOMPLISHES:
of the First Floor.
MANAGEMENT RECOMMENDATION:
Approve.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
This item should be deferred to May 31, 2011, to allow for additional review. Commissioner Manning moved
approval, seconded by Commissioner Hall, called and carried with Commissioner Judah absent.
B)
ACTION REQUESTED/PURPOSE:
A. Award CN-11-02 Veteran’s Park Phase Four to
(a local firm) for a not-to-exceed amount of $130,300.00.
B. Authorize Chair to execute Professional Services Agreement.
(
#20110370-
CONSTRUCTION AND DESIGN)
FUNDING SOURCE:
Fund – Lehigh Community Park Impact Fees; Program –Parks Capital Project; Project –
Lehigh Park Acquisition and Improvements.
WHAT ACTION ACCOMPLISHES:
Provides the services necessary to modify the previously approved site plan based on the
updated improvement program for Veteran’s Park.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried with Commissioner
Judah absent.
4. COUNTY COMMISSIONERS
No requests received.
5. COUNTY LANDS
No requests received.
6. HUMAN SERVICES
No requests received.
------------------------------------------
---APPROVED MINUTES OF 052411R-------------------------------------
-------------------------
BOOK - 2011R - B.O.C.C.-----------------------------------
-----------------------------------------
-------------------------------------- PAGE: 237
7. INDEPENDENT
A)
ACTION REQUESTED/PURPOSE:
Maintenance Facility, to
, (local firm), in the not-to-
exceed amount of $1,994,578.00.
B) Also, authorize Chair to execute Agreement on behalf of the Board.
(
#20110366-
TRANSIT)
FUNDING SOURCE:
Project
WHAT ACTION ACCOMPLISHES:
The Consultant will include but not be limited to providing Civil, Landscaping, Structural,
facility will strive to be LEED certified and accommodate bicycle and pedestrian use.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
At the request of Commissioner Bigelow, Transit Director Steve Myers reviewed the expenses for each phase, and
emphasized the project was mostly funded by federal funds. Commissioner Bigelow moved approval, seconded by
Commissioner Hall, called and carried with Commissioner Judah absent.
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
A)
ACTION REQUESTED/PURPOSE:
SRF Amendment (BS 20110382/19833, LS/SDG): 1) Approve, and authorize the Chair to
sign,
Amendment No. 3 to State Revolving Fund (SRF) Loan Agreement WW392330,
that
Wastewater Treatment Plant (WWTP) Expansion and the Airport Sewer Transmission line
projects. 2) Approve Budget Amendment Resolution in the amount of $3,559,467.00
received from FDEP. (
#20110382-
UTILITIES)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Action secures an additional $3,559,467.00 at an interest rate of 2.79% to fund the
projects.
MANAGEMENT RECOMMENDATION:
Approval.
------------------------------------------
---APPROVED MINUTES OF 052411R-------------------------------------
-------------------------
BOOK - 2011R - B.O.C.C.-----------------------------------
-----------------------------------------
-------------------------------------- PAGE: 238
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried with Commissioner
Judah absent.
RESOLUTION NO. 11-05-07
B)
ACTION REQUESTED/PURPOSE:
Budget Transfer (BS 20110383/19834, KAM/SDG): Approve
CIP Budget Transfer
in the
amount of $361,000.00 from the Corkscrew Road & I-75 Interchange Project and the
Daniels Parkway & I-75 Interchange Project, to the DOT Utility Relocations Project; and
amend the FY '10/11 CIP Budget accordingly. (
#20110383-
UTILITIES)
FUNDING SOURCE:
Utility Relocations.
WHAT ACTION ACCOMPLISHES:
Provides funds for various upcoming DOT related projects.
MANAGEMENT RECOMMENDATION:
Approval.
PULLED FOR DISCUSSION
Following Utilities Director Pamela Keyes’ response to questions on the Budget Transfer, Commissioner Bigelow
moved the item, seconded by Commissioner Manning, called and carried with Commissioner Judah absent.
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. (
#20110399-
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 with Commissioner
Judah absent.
B)
ACTION REQUESTED/PURPOSE:
Approve the Minutes for the following meetings of the Board of County Commissioners
held during the week of May 9 through May 13, 2011:
May 9, 2011 (Special BoCC at Port) May 9, 2011 (Management & Planning)
(
#20110400-
MINUTES)
FUNDING SOURCE:
Not Applicable.
WHAT ACTION ACCOMPLISHES:
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 with Commissioner
Judah absent.
------------------------------------------
---APPROVED MINUTES OF 052411R-------------------------------------
-------------------------
BOOK - 2011R - B.O.C.C.-----------------------------------
-----------------------------------------
-------------------------------------- PAGE: 239
C)
ACTION REQUESTED/PURPOSE:
Approve disbursement of excess funds resulting from the sale of tax deed certificates to the
following claimants verified and certified under Florida Statutes 197.582.
Tax Deed No.
2007-001368
Payee
Amount
$7,769.94
$7,769.94
$15,539.88
(
#20110401-
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 with Commissioner
Judah absent.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
No requests received.
ADMINISTRATIVE AGENDA
THERE WERE NO ADMINISTRATIVE AGENDA ITEMS SUBMITTED FOR DISCUSSION.
9:30 A.M. AGENDA ITEM NO.1–
Public Hearing
1. ACTION REQUESTED/PURPOSE:
Service Benefit Unit. Also, adopt a Resolution to create a fund for receipt of the estimated
prepayments. (
#20110363-
PUBLIC RESOURCES)
FUNDING SOURCE:
MSBU Property Owners, MSBU Restricted Fund.
WHAT ACTION ACCOMPLISHES:
Allows staff to proceed with assessing property owners.
MANAGEMENT RECOMMENDATION:
Approve.
Affidavit of Publication
for
this item, and briefly described the request. The Chairman called for public comment; and the following concerned
citizen came forward:
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried with Commissioner
Judah absent.
RESOLUTION NOS.
11-05-08
AND
11-05-09
9:30 A.M. AGENDA ITEM NO.2–
Public Hearing
2. ACTION REQUESTED/PURPOSE:
the use, sale, service and consumption of alcoholic beverages on County park property.
(
#20110388-
COUNTY ATTORNEY)
------------------------------------------
---APPROVED MINUTES OF 052411R-------------------------------------
-------------------------
BOOK - 2011R - B.O.C.C.-----------------------------------
-----------------------------------------
-------------------------------------- PAGE: 240
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Satisfies the statutory requirement to hold one public hearing to amend an Ordinance that does not
affect the use of land. If adopted, the amendment will clarify the regulatory permitting
requirements applicable to the sale, service and consumption of alcoholic beverages on County
park property.
MANAGEMENT RECOMMENDATION:
County staff recommends approval of the amendment.
Affidavit of
Publication
for this item, and informed the Board of a change in the Ordinance since the ordinance that was initially
drafted has been revised to seek an amendment that would allow the sale, service, and consumption of alcoholic
beverages either through contract or a County Manager approval. The Chairman called for public comment; and the
following concerned citizen came forward:
Commissioner Manning moved approval, seconded by Commissioner Hall. Commissioner Manning stressed a point
of clarification that the motion was as revised. Following brief comments by Commissioner Bigelow, the motion was
called and carried with Commissioner Judah absent. The Ordinance adopted by the Board and filed was
COUNTY ORDINANCE NO. 11-02, ENTITLED:
INTOXICATING BEVERAGES AND ILLEGAL SUBSTANCES TO ALLOW SALE
FOR CONFLICTS, INCLUSION IN THE CODE, SEVERABILITY AND AN
EFFECTIVE DATE.
1. ACTION REQUESTED/PURPOSE:
Per Florida Statute 195.087 (1) (b), approve a budget amendment, increasing the Personal Services
annual salary rate by $53,718.00. (
#20110425-
PROPERTY APPRAISER)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Satisfies Florida Statute.
MANAGEMENT RECOMMENDATION:
Approval.
Necessary due to state required deadline.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
This item should be omitted from the agenda.
2. ACTION REQUESTED/PURPOSE:
Per Florida Statutes 193.501, waive the requirement that an annual application or statement be
made for Land Used for Conservation purposes within the County after an initial application is
made. (
#20110426-
PROPERTY APPRAISER)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Waives the requirement for annual filing for Land Used for Conservation, if initial application is
made.
MANAGEMENT RECOMMENDATION:
Approval.
Necessary so implementation can begin.
------------------------------------------
---APPROVED MINUTES OF 052411R-------------------------------------
-------------------------
BOOK - 2011R - B.O.C.C.-----------------------------------
-----------------------------------------
-------------------------------------- PAGE: 241
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Judah absent.
3. ACTION REQUESTED/PURPOSE:
Concur with the ranking by the Competitive Negotiations Committee for CN-11-05 Alico Road
ranking (all local vendors), and authorize negotiations with the number one ranked firm. The
negotiated contract will be brought back to the Board for approval.
(
#20110387-
TRANSPORTATION)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Provides a Consultant to develop and study alternative alignments to widen Alico Road to four
lanes expandable to six, and accommodate alternative modes of transportation.
MANAGEMENT RECOMMENDATION:
Approve.
If the selection is approved, it is possible to have a contract back to the Board before summer
recess so the study can begin as soon as possible.
Commissioner Manning moved approval, seconded by Commissioner Hall. Following comments by Commissioner
Bigelow of his long standing objection of the Selection Process; the motion was called and carried with Commissioner
Bigelow dissenting, and Commissioner Judah absent.
4. ACTION REQUESTED/PURPOSE:
Authorize the County Attorney’s Office to file a petition for an administrative hearing concerning
replacement for the removed Ceitus barrier and boatlift. Also, authorize the County Attorney’s
Office to retain experts in engineering and environmental services in the amount of $68,500.00
transfer
in the amount of $75,000.00 from Expert Witness Fees – Okeechobee Releases to Ceitus
Boat Lift Expert Witness Fees and Legal Services in Non-Departmental Program. (
#20110442-
COUNTY ATTORNEY)
FUNDING SOURCE:
Fund – General Fund; Program – Non-Departmental; Project – N/A.
WHAT ACTION ACCOMPLISHES:
noncompliance with the May 18, 2008 Second Amended Consent Order (06-2345-DF).
MANAGEMENT RECOMMENDATION:
Approve.
Necessary in order to meet the 21 day deadline for filing a petition for an administrative hearing
concerning the FDEP’s Notice of Denial of construction of the replacement for the removed
Ceitus barrier and boatlift.
Commissioner Manning moved approval, seconded by Commissioner Hall. Following brief comments by
Commissioner Bigelow on the Ceitus barrier and boatlift, the motion was called and carried with Commissioner Judah
absent.
CARRY OVER ITEM NO. 1
1. ACTION REQUESTED/PURPOSE:
Approve the
Right of Entry and Use Agreement
County Commissioners. This item is a carryover from the May 10, 2011 Board meeting.
------------------------------------------
---APPROVED MINUTES OF 052411R-------------------------------------
-------------------------
BOOK - 2011R - B.O.C.C.-----------------------------------
-----------------------------------------
-------------------------------------- PAGE: 242
(
#20110324-
FUNDING SOURCE:
Not applicable, no cost to the County.
WHAT ACTION ACCOMPLISHES:
Provides the County with completed 70+ miles of fiber optic network in return for allowing
FiberNet access to spare County-owned fiber/conduit.
MANAGEMENT RECOMMENDATION:
Approve.
REASON FOR CARRYOVER:
This item was deferred for two weeks at the May 10, 2011 Board meeting.
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried, with Commissioner
Judah absent.
COMMISSIONER ITEMS
CONGRESS FOR THE NEW URBANISM (CNU)
– Commissioner Bigelow informed that he would
be attending the annual CNU in Madison, Wisconsin on June 3-5, 2011; wherein Lee County will be a recipient of the
Driehaus Award.
NON-20/20 ACQUISITIONS –Chairman Mann informed that the Clerk of Court’s Audit of the
County Lands acquisitions should be discussed at next week’s meeting or at a Management & Planning meeting to
allow participation by Commissioner Judah. It was also noted that the Conservation 20/20 Audit was not yet released.
COMMITTEE APPOINTMENTS
PARTNERING FOR
RESULTS PROPOSAL REVIEW PANEL,
IMPROVEMENT DISTRICT,
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried with Commissioner
Judah absent.
Commissioner Manning moved to reappoint Robbie Roepstorff to the
INDUSTRIAL
DEVELOPMENT AUTHORITY,
HUMAN SERVICES
COUNCIL,
PARTNERING FOR RESULTS COMMITTEE,
and appoint
ROADWAY LANDSCAPE ADVISORY COMMITTEE,
seconded by Commissioner
Hall, called and carried with Commissioner Judah absent.
COUNTY MANAGER ITEMS
COUNTY ATTORNEY ITEMS
Public Presentation of Matters by Citizens
complaints on surface water management and other requests.
suggested that in
regard to the audit reports of the Clerk of Courts on land purchases, an outside
Counsel and Real Estate broker work with staff.
The Chairman adjourned the meeting at 10:13 a.m.
__________________________
_____________________________
------------------------------------------
---APPROVED MINUTES OF 052411R-------------------------------------
-------------------------