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BOOK - 2011R - B.O.C.C.-----------------------------------
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FEBRUARY 22, 2011
The
Regular Meeting
of the
was held on this date with the
following Commissioners present:
THE ANNOUNCEMENTS PORTION OF THE AGENDA WAS HEARD AT THIS TIME. SEE THAT ITEM FOR
ACTION TAKEN.
PRESENTATIONS
Commissioner Mann read and presented a Ceremonial Resolution extending greetings and best wishes
to all observing Engineers Week, February 20-26, 201l. Representatives of the Calusa Chapter of the Florida
Engineering Society, Patrick Day, Nathan West and Walter Gilcher accepted the Resolution and Mr. Day expressed
appreciation for the recognition. (
#20110125-
Commissioner Bigelow)
Commissioner Hall read and presented a Ceremonial Resolution proclaiming the week of March 7,
2011 as Firefighter Appreciation Week in Lee County, and commending the firefighters of IAFF Local #1826 for their
efforts on behalf of the Muscular Dystrophy Association. Mike Holobinko representing IAFF Local 1826 and MDA
of Fort Myers representative Jill Balzano accepted the Resolution, and thanked the Board and the community for their
support. (
#20110126-
Commissioner Manning)
Commissioner Judah read and presented a Ceremonial Resolution designating February 20 through 26,
2011 as Children’s Hospital Week in Lee County, and encouraging all citizens to join in showing appreciation and
gratitude to the Children’s Hospital of Southwest Florida, the Boston Red Sox and Forest Country Club in raising
public awareness and working together to raise $1 million through the Boston Red Sox - Children's Hospital Celebrity
Golf Classic to benefit the Children’s Hospital of Southwest Florida. Lee Memorial Hospital representatives Karra
Strickland and Ali Levine, Celebrity Classic Chairman Ron McEwan and Forest Country Club representatives Frank
Haskell and Jonathan Yancey accepted the Resolution with Ms. Strickland and Mr. McEwan expressing their gratitude
for the support and recognition. (
#20110127-
Commissioner Judah)
Commissioner Manning read and presented a Ceremonial Resolution on behalf of the Board of County
Commissioners of Lee County, Florida – along with Lee County’s Parks & Recreation Department, Visitor &
Convention Bureau, Sports Authority, Facilities Management Division and the City of Fort Myers – do hereby
proclaim its full support for the Boston Red Sox organization and send most sincere best wishes for success in the
upcoming 2011 baseball season. Red Sox representatives Katie Haas thanked everyone for the support and best
wishes. (
#20110128-
Commissioner Mann)
Commissioner Mann read and presented a Ceremonial Resolution conveying the Board’s grateful
appreciation to Gordon “Booch” DeMarchi for his 25 years of hard work, outstanding service and contributions to Lee
County, and wished Booch and his wife Ginger much happiness in his well-deserved retirement. Mr. DeMarchi
expressed heartfelt comments of appreciation to the Board and staff. (
#20110143
- Commissioner Mann)
ANNOUNCEMENTS
Referring to the Agenda Revision
Recap Sheet dated February 22, 2011,
the Chairman announced that:
Consent Agenda Item 16E should be moved to the Administrative Agenda as Item A16A to allow for
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Bigelow absent.
One Walk-On Item would be taken as a final Ceremonial Resolution (see Presentations above).
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9:30 A.M. AGENDA ITEM
- Public Comment on Agenda Items
Consent (C) and Administrative (A)
There were no Consent Agenda items pulled for discussion by the individual Commissioners.
CONSENT AGENDA
1. COUNTY ADMINISTRATION
No requests received.
2. COMMUNITY DEVELOPMENT
No requests received.
3. CONSTRUCTION AND DESIGN
A)
ACTION REQUESTED/PURPOSE:
Concur with the ranking by the Competitive Negotiations Committee for CN-11-02
Brundage, Inc. (all local Consultants) and authorize negotiations with the number one
ranked firm. (
#20110120-
CONSTRUCTION AND DESIGN)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
To provide services necessary to modify the previously approved site plan based on the
updated improvement program for Veteran’s Park Phase Four.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Bigelow absent.
4. COUNTY COMMISSIONERS
No requests received.
5. COUNTY LANDS
A)
ACTION REQUESTED/PURPOSE:
Accept donation of
Grant of Perpetual Pedestrian/Bus Stop Shelter Easement
(±160 square
Boulevard North, easement interest in a portion of STRAP No 07-44-24-C3-01498.0190,
costs to close of $50.00, and the Division of County Lands to handle all documentation
necessary to complete transaction. (
#20110098-
COUNTY LANDS)
FUNDING SOURCE:
This shelter is 100% funded by the Federal Transit Administration and funds are budgeted
WHAT ACTION ACCOMPLISHES:
Acquisition of a perpetual easement for construction and operation of bus stop shelter
facilities.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Bigelow absent.
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B)
ACTION REQUESTED/PURPOSE:
Approve Purchase Agreement for acquisition of Parcel 152 (±9,091 square feet) from
property owners
STRAP No.16-44-25-P3-00070.0000, in
the amount of $78,000.00, for the Ortiz Avenue Widening Project No. 4072. Pursuant to
the Purchase Agreement; authorize payment of estimated costs to close of $1,250.00, and
the Division of County Lands to handle all documentation necessary to complete this
transaction. (
#20110099-
COUNTY LANDS)
FUNDING SOURCE:
Fund: Road Impact Fee – Central District; Program: Capital Project; Project: Ortiz Avenue
WHAT ACTION ACCOMPLISHES:
Acquisition of property necessary for the Ortiz Avenue Widening Project, without the
necessity of an eminent domain action.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Bigelow absent.
6. HUMAN SERVICES
A)
ACTION REQUESTED/PURPOSE:
Approve
Program Amendment
authorize Chair to sign related documents. (
#20110033-
HUMAN SERVICES)
FUNDING SOURCE:
and HOME Investment Partnership Program (HOME).
WHAT ACTION ACCOMPLISHES:
Amends budget categories and objective reporting requirements for the affected Annual
Action Plans.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Bigelow absent.
B)
ACTION REQUESTED/PURPOSE:
Approve Program
County FY2011 for the purpose of receiving
Neighborhood Stabilization Program 3
(NSP3) funds.
Also, approve Budget Resolution in the amount of $6,639,174.00; and
authorize Chair to sign documents and
NSP3 sub-recipient agreements
and/or amendments
to existing NSP1 agreements to carry out
NSP3 activities.
(
#20110082-
HUMAN
SERVICES)
FUNDING SOURCE:
HUD CDBG/NSP3.
WHAT ACTION ACCOMPLISHES:
NSP3 program.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Bigelow absent.
RESOLUTION NO. 11-02-12
C)
ACTION REQUESTED/PURPOSE:
Approve, and authorize Chair to execute, an
Agreement
to receive $2,474,161.00 from the
Assistance Program (LIHEAP). Also, approve a FY11 budget amendment resolution for
two grant-funded positions, as needed, to carry out grant activities. (
#20110119-
HUMAN
SERVICES)
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FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Provides $2,474,161.00 in grant funds to LIHEAP for payment of utilities to eligible low-
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Bigelow absent.
RESOLUTION NO. 11-02-13
7. INDEPENDENT
A)
ACTION REQUESTED/PURPOSE:
Adopt Library budget amendment resolution in the amount of $588,346.00 to recognize
FY10-11 State Aid Grant proceeds, State Project#11-ST-25. (
#20110036-
LIBRARY)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
The budget amendment accepts $588,346.00 as unanticipated revenue and designates grant
expenditures.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Bigelow absent.
RESOLUTION NO. 11-02-14
8. NATURAL RESOURCES/ SOLID WASTE
A)
ACTION REQUESTED/PURPOSE:
Approve
Change Order No. 13
to the Service Provider Agreement Contract #462 with
Agreement for two years, and provides additional guaranteed revenue of approximately
$145,000.00 per year to the County. Also, authorize staff to approve up to two additional
two-year term extensions, if determined at the time to be in the best interest of the County.
(
#20110118-
SOLID WASTE)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
This Change Order will extend the term of services by the contract operator for the
recycling facility and provide additional guaranteed revenue to the County.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Bigelow absent.
9. PARKS AND RECREATION
No requests received.
10. PUBLIC SAFETY
A)
ACTION REQUESTED/PURPOSE:
Approve, and authorize Chair to execute, renewal of a Certificate of Public Convenience
and Necessity (COPCN) to the
to conduct advance
life support (ALS) transport service, emergency medical care. (
#20110088-
PUBLIC
SAFETY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
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Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Bigelow absent.
B)
ACTION REQUESTED/PURPOSE:
Approve, and authorize Chair to execute, renewal of a Certificate of Public Convenience
and Necessity (COPCN) to the
(District) to
conduct advance life support (ALS) non-transport service, emergency medical care.
(
#20110090-
PUBLIC SAFETY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
MANAGEMENT RECOMMENDATION:
Approve..
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Bigelow absent.
C)
ACTION REQUESTED/PURPOSE:
Approve, and authorize Chair to execute, renewal of a Certificate of Public Convenience
and Necessity (COPCN) to the
to conduct advance life support (ALS) non-transport service, emergency medical care.
(
#20110092-
PUBLIC SAFETY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Bigelow absent.
D)
ACTION REQUESTED/PURPOSE:
Approve, and authorize Chair to execute, renewal of a Certificate of Public Convenience
and Necessity (COPCN) to the
Lehigh Acres Fire Control and Rescue District
to conduct
advance life support (ALS) transport service, emergency medical care.
(
#20110093-
PUBLIC SAFETY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Bigelow absent.
E)
ACTION REQUESTED/PURPOSE:
their own
travel reimbursement policies:
1)
EMPA Grant Agreement #11-BG-05-09-46-01-155;
2)
EMPG Grant Agreement #11-FG-7W-09-46-01-055;
and
3)
Grant Agreement
#10-DS-39-09-46-01-409
(
#20110105-
PUBLIC SAFETY)
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FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Provides travel reimbursement in accordance with Administrative Code 3-21 (Travel).
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Bigelow absent.
11. PUBLIC WORKS ADMINISTRATION
No requests received.
12. TRANSPORTATION
A)
ACTION REQUESTED/PURPOSE:
Approve
budget transfer
Reserves, and from the Alico Road Multi-Laning Project #204030, to the Alico Road four-
Also, amend the FY 2010/11-2014/15 CIP accordingly.
(
#20110117-
TRANSPORTATION)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Establishes a budget for the Alico Road 4L project, allowing DOT to move forward with
advertising for a preliminary design consultant.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Bigelow absent.
13. UTILITIES
A)
ACTION REQUESTED/PURPOSE:
Approve, and authorize Chair to execute,
Supplemental Task Authorization No. 1,
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. (
#20110097-
UTILITIES)
FUNDING SOURCE:
Fund: Utilities Water Connection Fees; Program: Capital Projects; Project: Gladiolus
WHAT ACTION ACCOMPLISHES:
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Bigelow absent.
14. COUNTY ATTORNEY
A)
ACTION REQUESTED/PURPOSE:
Approve, and authorize execution by Chair and recording of, an
Agreement with
County for the exercise of County jurisdiction over certain roads within Southwind
(
#20110110-
COUNTY ATTORNEY)
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FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
An Agreement for the County’s exercise of jurisdictional control over private roadways
must be approved and executed by the Board pursuant to Florida Statutes.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Bigelow absent.
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. (
#20110131-
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 with Commissioner
Bigelow absent.
B)
ACTION REQUESTED/PURPOSE:
Approve Minutes for the following meetings of the Board of County Commissioners held
during the week of February 7 through February 11, 2011:
February 7, 2011 (Zoning), February 7, 2011 (Management & Planning),
February 8, 2011 (Regular).
(
#20110132-
MINUTES)
FUNDING SOURCE:
N/A
WHAT 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 with Commissioner
Bigelow absent.
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 as follows:
Tax Deed Payee
Number
2009004312
Iram Raza
2009005759
2010000704
Lehigh 34 LLC
Amount
$ 15.42
$ 15.42
$139.73
$542.91
(
#20110133-
DELINQUENT TAX)
FUNDING SOURCE:
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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 disbursements to identified claimants.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Bigelow absent.
D)
ACTION REQUESTED/PURPOSE:
Approve and accept grant monies from the 2010 Paul Coverdell Forensic Sciences
Also, approve Budget Resolution in the amount of $5,510.00.
(
#20110134-
MEDICAL EXAMINER)
FUNDING SOURCE:
Paul Coverdell Forensic Sciences Improvement Grant.
WHAT ACTION ACCOMPLISHES:
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Bigelow absent.
RESOLUTION NOS.
11-02-15
and
11-02-16
E)
ACTION REQUESTED/PURPOSE:
Present, for information purposes, interim reporting on selected financial activity and
provide an update on the economic changes in today's market. (
#20110136-
FINANCE)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
County Board of County Commissioners. Included in this report, in compliance with
Chapter 218.415, Florida Statutes, Local Investment Policies, is the stated and fair market
Ordinance 02-28 activity for the Driver’s Education Safety Trust Fund.
MANAGEMENT RECOMMENDATION:
The purpose of this report is to convey the financial status of selected significant funds of
expenditures as of the stated dates, and the market value of investments managed by the
Clerk’s Office on behalf of the Board.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
Consent Agenda Item 16E should be moved to the Administrative Agenda as Item A16A, to allow for dialogue.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Bigelow absent.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
No requests received.
ADMINISTRATIVE AGENDA
1. COUNTY ADMINISTRATION
No requests received.
2. COMMUNITY DEVELOPMENT
No requests received.
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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
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:
Store Road Widening Project. (
#20110100-
COUNTY ATTORNEY)
FUNDING SOURCE:
Fund: Road Impact Fees; Program: Capital Improvement Projects; Project: Burnt Store
Road Widening.
WHAT ACTION ACCOMPLISHES:
Settles all claims for acquisition of Parcel 192.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Bigelow absent.
B)
ACTION REQUESTED/PURPOSE:
Authorize Chair to request by
letter,
that the Florida Attorney General present an
amendment to Chapter 741, Florida Statutes, regarding the "batterer's intervention
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program." Specifically, to require batterer intervention programs be made available to
persons convicted of domestic violence while in custody.
(
#20110095-
COUNTY ATTORNEY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Proposes amendment to state law regarding domestic violence prevention.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning. Commissioner Judah referenced an email
from public speaker Mr. Blackburn containing suggested language revision to the proposed amendment to Chapter
741, and indicated his suggestion to include it with the legislative package and instruct staff to work on this issue.
Following Board discussion, and a legal opinion rendered by Interim County Attorney Andrea Fraser, the motion was
called and carried with Commissioner Bigelow absent. Commissioner Mann indicated his intent to also speak with
C)
ACTION REQUESTED/PURPOSE:
County, Case No. 10-004409-EDS, inclusive of attorney’s fees and costs.
(
#20110108-
COUNTY ATTORNEY)
FUNDING SOURCE:
Self-Insurance Loss Fund.
WHAT ACTION ACCOMPLISHES:
Resolves this case limiting the County’s exposure.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried with Commissioner
Bigelow absent.
D)
ACTION REQUESTED/PURPOSE:
Burnt Store Road Project. (
#20110122-
COUNTY ATTORNEY)
FUNDING SOURCE:
Fund: Road Impact Fees; Program: Capital Improvement Projects; Project: Burnt Store
Road Widening.
WHAT ACTION ACCOMPLISHES:
Settles all claims including fees and costs for acquisition of Parcel 145.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried with Commissioner
Bigelow absent.
15. HEARING EXAMINER
No requests received.
16. CONSTITUTIONAL OFFICERS
A)
ACTION REQUESTED/PURPOSE:
Present, for information purposes, interim reporting on selected financial activity and
provide an update on the economic changes in today's market. (
#20110136-
FINANCE)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
County Board of County Commissioners. Included in this report, in compliance with
Chapter 218.415, Florida Statutes, Local Investment Policies, is the stated and fair market
Ordinance 02-28 activity for the Driver’s Education Safety Trust Fund.
MANAGEMENT RECOMMENDATION:
The purpose of this report is to convey the financial status of selected significant funds of
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expenditures as of the stated dates, and the market value of investments managed by the
Clerk’s Office on behalf of the Board.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
Consent Agenda Item 16E should be moved to the Administrative Agenda as Item A16A, to allow for dialogue.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Bigelow absent.
Clerk of Courts Charlie Green and Finance Director Donna Harn provided a financial activity update, as requested by
Summary Sheet.
quarterly statistics, including portfolio investments, monitoring procedures, expenditures, revenue collections, cash
balances, budgeted reserves, and loan updates. Mr. Winton provided a payroll statistic in response to the Board
question. Following response by Mr. Green and Ms. Harn to several additional questions, there was Board consensus
to have an overall loan update at a Management & Planning meeting in the upcoming months.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
No requests received.
9:30 A.M. AGENDA ITEM –
Public Hearing
1. ACTION REQUESTED/PURPOSE:
Code (LDC). Direct the proposed Ordinance to a second Public Hearing on March 8, 2011 at 9:30
a.m. (
#20110115-
COUNTY ATTORNEY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Satisfies the Board policy to hold two public hearings to amend the LDC. If adopted, the
Ordinance will adopt amendments to the Land Development Code.
MANAGEMENT RECOMMENDATION:
Approve.
Affidavit of Publication
for
the 9:30 a.m. Agenda Item 1; and briefly reviewed the request. Commissioner Judah moved approval, seconded by
Commissioner Hall. The Chairman called for public input; however, no one came forward. The motion was called
and carried.
RESOLUTION NO. 11-02-10
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
WALK-ON ITEM NO. 1 WOULD BE TAKEN UP DURING THE CEREMONIAL PRESENTATIONS.
WALK-ON ITEM NO. 1
4. COUNTY COMMISSIONERS
A)
ACTION REQUESTED/PURPOSE:
(
#20110143-
Commissioner Mann)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
N/A
MANAGEMENT RECOMMENDATION:
N/A
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
One Walk-On Item would be taken as a final Ceremonial Resolution.
Commissioner Mann read and presented a Ceremonial Resolution conveying the Board’s grateful appreciation to
Gordon “Booch” DeMarchi for his 25 years of hard work, outstanding service and contributions to Lee County, and
wished Booch and his wife Ginger much happiness in his well-deserved retirement. Mr. DeMarchi expressed heartfelt
appreciation to the Board and staff.
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COMMISSIONER ITEMS
ARTWORK DISPLAY – Commissioner Hall invited everyone to view the artwork on display outside
PRESCRIPTION DRUG AND MONITORING PROGRAM RESOLUTION – Commissioner Hall
addressed an upcoming Resolution to support continuance of the Prescription Drug and Monitoring Program and
received affirmation by Interim County Attorney Andrea Fraser that they are working on this matter in conjunction
with the Sheriff and other community members. Attorney Fraser agreed to coordinate the timing of the Resolution
with Commissioner Hall’s office to be able to include certain key individuals.
LATER FOLLOWING THE CLEAN WATER ACT ITEM:
Commissioner Hall referenced and moved support of a Resolution, as requested by a constituent Paul Sloan,
confirming Lee County’s support for continuance of the Prescription Drug Monitoring Program, seconded by
Commissioner Judah, called and carried with Commissioner Bigelow absent.
RESOLUTION NO. 11-02-17
PLATTED LANDS LEGISLATION – Commissioner Manning referenced a memorandum he sent the
Board regarding this legislation’s beneficial impact on certain lands in western Cape Coral and eastern Lehigh Acres,
and moved approval to send the
supporting language
Judah, called and carried with Commissioner Bigelow absent.
MS4 PERMIT – Commissioner Manning referenced a memorandum he sent the Board, and moved to
support a 30-day delay to afford him an opportunity to meet with staff regarding any potential impacts to Matlacha
Aquatic Preserve, seconded by Commissioner Judah, called and carried with Commissioner Bigelow absent.
MOSAIC MINING PERMIT – Commissioner Judah moved that the Board direct the County Attorney,
in conjunction with Natural Resources, to draft a letter to the Department of Environmental Protection (DEP) stating
opposition to the timing of the most recent permitting granted Mosaic Mining until the area-wide environmental
impact assessment of phosphate mining activities is completed by the U.S. Army Corps of Engineers in 18 months.
He advised of a 15-day window (from February 15) in which to comment. Commissioner Hall seconded the motion
for discussion; however, requested more information on the purpose of the permit being sought. Commissioner
Manning stated he would like an opportunity to monitor the permit request and to ascertain the position of Manatee
County. Natural Resources Director Roland Ottolini provided clarification on the permit modification. The motion to
have a draft letter prepared for review at the Board meeting of March 1
st
was called and carried with Commissioner
Bigelow absent.
with the Clean Water Act and made a motion for Board consideration of a letter to Rep. Rooney who is proposing a
rider on a 2011 Resolution to eliminate funding for the numeric nutrient criteria mandate. Commissioners Hall and
Manning expressed their reasons for not being able to support the motion. Following commentary by Commissioner
Judah on the merits of the mandate, he agreed to withdraw his motion due to lack of support. Commissioner Hall
suggested, and there was consensus, to place this matter on an upcoming Management & Planning Meeting agenda for
further discussion.
COUNTY ATTORNEY CONTRACT UPDATE - Chairman Mann advised that negotiations are
underway with the selected candidate for Lee County Attorney, Michael Hunt, and that the final draft would be
provided to Board members by the end of this week for action at the March 1
st
meeting.
THANKS TO COMMISSIONER JUDAH – Chairman Mann thanked Commissioner Judah for his
recent editorial in the News-Press.
COMMITTEE APPOINTMENTS
GASPARILLA ISLAND
MUNICIPAL SERVICE BENEFIT UNIT;
and to reappoint Becky Neice to the
WELL CONSTRUCTION
ADVISORY COMMITTEE,
seconded by Commissioner Hall, called and carried with Commissioner Bigelow
absent.
Commissioner Mann requested a motion to reappoint Rufus Lazzell and Jeffrey Fridkin to the
AIRPORTS SPECIAL MANAGEMENT COMMITTEE
HUMAN
and Scott Korf to the
WELL CONSTRUCTION ADVISORY COMMITTEE
.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Bigelow absent.
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COUNTY MANAGER ITEMS
meeting from Monday, March 7 to March 14. Commissioner Hall indicated that she was not available as indicated on
her calendar; however, there was consensus to conduct the meeting on Monday, March 14, beginning at 2:30 p.m.
PowerPoint
presentation.
Mr. Winton responded to Board questions and advised that he has been meeting with the Constitutional
Officers with a joint meeting scheduled for late March. He agreed to provide a copy of the agenda when available.
COUNTY ATTORNEY ITEMS
9:30 A.M. AGENDA ITEM -
Public Presentation of Matters by Citizens
Alva resident
Arden Biff Wood
addressed the Board on the potential for creating a Civil Review
Board.
The Chairman adjourned the meeting at 11:25 a.m.
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