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BOOK - 2011R - B.O.C.C.-----------------------------------
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DECEMBER 13, 2011
The Regular Meeting
of the
Board of Lee County Commissioners
was held on this date with the
following Commissioners present:
John Manning, Chairman
A. Brian Bigelow, Vice Chairman
Ray Judah
Tammara Hall
Frank B. Mann
The Chairman called the meeting to order at 9:30 a.m., and requested a moment of silence in
remembrance of Cape Coral citizen Ralph Lepera. The Invocation was given by Pastor Ryan Deacon, Life Church,
followed by the Pledge of Allegiance.
ANNOUNCEMENTS
Referring to the
Agenda Recap
Sheet dated December 13, 2011, the Chairman announced that:
Two walk-on items would be heard at the appropriate time.
The 9:30 a.m. Public Hearings No. 2 and 3 would be heard together, followed by 9:30 a.m. Public
Hearing Nos. 1, 4, 5, 6 and 7.
9:30 A.M. AGENDA ITEM
- Public Comment on Agenda Items
Consent (C) and Administrative (A)
C8(b) – Audubon Society representative
Pete Quasius
The following are the Consent Agenda items that each Board member wished to have discussed:
Commissioner Manning - None
Commissioner Hall - None
Commissioner Mann - None
Commissioner Judah – 14A
Commissioner Bigelow – 3A, 7A, 7F
CONSENT AGENDA
1. COUNTY ADMINISTRATION
A) ACTION REQUESTED/PURPOSE:
Request Board approve a Budget Amendment Resolution to allocate excess Fund Balance,
carryover Capital Projects and Major Maintenance Projects, adjust Reserves. Also,
authorize interfund transfers. Amend FY11/12-15/16 Capital Improvement Program
accordingly.
(#20110998-COUNTY MANAGER)
FUNDING SOURCE:
Fund - Various Funds; Program - Capital Improvement Program and Major Maintenance
Program; Project -Various projects.
WHAT ACTION ACCOMPLISHES:
Provides for unexpended funds budgeted to a project in a fiscal year to be carried forward
in the new fiscal year. Board of County Commissioners must approve Budget
Amendments and Transfers from reserves.
MANAGEMENT RECOMMENDATION:
Approval.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
RESOLUTION NO. 11-12-12
B) ACTION REQUESTED/PURPOSE:
Resolution amending Lee County Administrative Code to incorporate two new codes
pertaining to the operation of the Black Affairs Advisory Board and the Hispanic Affairs
Advisory Board.
(#20111012-COUNTY MANAGER)
FUNDING SOURCE:
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N/A.
WHAT ACTION ACCOMPLISHES:
Replaces ordinances to be repealed in favor of administrative codes. Establishes the
procedures that govern the operation of those committees.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
RESOLUTION NO.11-12-13
C) ACTION REQUESTED/PURPOSE:
Approve budget amendment resolution to allocate excess fund balance and appropriate
budget for operational and grant carryovers.
Approve transfers of funds from reserves and interfund transfers, if necessary, to cover
carryover needs.
(#20111025-COUNTY MANAGER)
FUNDING SOURCE:
Various based on fund balance and reserves adjustments.
WHAT ACTION ACCOMPLISHES:
Adjusts budgeted fund balances to reflect preliminary actual balances and provides budget
to meet budget carryovers requested by departments and approved by Budget Services.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried
RESOLUTION NO.11-12-14
2. COMMUNITY DEVELOPMENT
A) ACTION REQUESTED/PURPOSE:
Amend existing SHIP (State Housing Initiatives Partnership) funded contracts with the Lee
County Housing Development Corporation as follows:
• Extend contract
C-4736
from December 16, 2011 to June 30, 2012.
• Extend contract
C-5631
from December 30, 2011 to June 30, 2012.
(#20111006-COMMUNITY DEVELOPMENT)
FUNDING SOURCE:
SHIP Local Housing Assistance Funds – existing budget.
WHAT ACTION ACCOMPLISHES:
Provides additional time for the acquisition/rehabilitation/resale of existing homes and for
foreclosure prevention activities.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried
3. CONSTRUCTION AND DESIGN
A) ACTION REQUESTED/PURPOSE:
Approve expenditures under CN-10-12 Materials Testing Services, with Ardaman &
Associates (local consultant), (Contract No. 5421), for an estimated increased amount of
$145,000.00.
(#20110837-CONSTRUCTION AND DESIGN)
FUNDING SOURCE:
Fund: Tourist Development Revenue Bond 2010C; Program: Capital Project; Project:
Red Sox Stadium.
WHAT ACTION ACCOMPLISHES:
Allows for the completion of the testing services required for the Red Sox Spring Training
Facility.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION-
Assistant County Manager Douglas Meurer responded to Commissioner Hall’s question regarding selection of a local
consultant. Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried.
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4. COUNTY COMMISSIONERS
No requests received.
5. COUNTY LANDS
A) ACTION REQUESTED/PURPOSE:
A) Accept donation of a 10,096 square foot parcel identified as Parcel 200, and a 1,938
square foot parcel identified as Parcel 201, Gladiolus Drive Widening (A&W Bulb Road
Improvements) Project No. 4083;
B) Authorize the payment of necessary costs and fees to close;
C) Authorize County Lands Staff to execute and accept
all documentation
necessary to
complete this transaction.
(#20110972-COUNTY LANDS)
FUNDING SOURCE:
Fund –Transportation Capital Improvement; Program – Capital Projects; Project –
Gladiolus Drive.
WHAT ACTION ACCOMPLISHES:
Accepts donation of land necessary for the Gladiolus Drive Widening (A&W Bulb Road
Improvements) Project, No. 4083.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried, with Commissioner
Bigelow voting nay.
6. HUMAN SERVICES
A) ACTION REQUESTED/PURPOSE:
1) Accept FY 2011-2012 funding in the amount of $91,250.00 from Department of
Veterans Affairs.
2) Approve budget resolution for Department of Veterans Affairs in the amount of
$91,250.00 for county
FY 11-12.
3) Authorize Board to sign
sub recipient contract
and necessary future amendments once
completed.
4) Authorize up to 3 one year renewals of sub recipient contract.
(#20111010-HUMAN SERVICES)
FUNDING SOURCE:
Department of Veterans Affairs.
WHAT ACTION ACCOMPLISHES:
Provide funding for the continued operations of the Bob Janes Triage Center/Low Demand
Shelter to divert individuals with behavioral health crisis from the criminal justice system.
Allows the Department to proceed with program activities, execute and manage sub
recipients contracts and prepare monthly reports.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
RESOLUTION NO 11-12-15.
7. INDEPENDENT
A) ACTION REQUESTED/PURPOSE:
1) Concur with the selection of Consultants by the Competitive Negotiations Committee
for CN-12-02 COUNTY-WIDE ENVIRONMENTAL CONTRACT (WATER QUALITY
& HYDROLOGICAL IMPACTS, SITE ASSESSMENTS, SITE REMEDIATION), and
authorize staff to negotiate hourly rates and independent costs with the following nine (9)
firms for a contract period of two (2) years:
American Environmental Engineering of
Florida Inc.
;
American Management Resources; Bureau Veritas North America; ENTRIX
Inc dba Cardno ENTRIX, GFA International Inc.
,
Rare Earth Sciences Inc dba HSA
Engineers & Scientists; Johnson Engineering, Professional Service Industries Inc.
; and
RMA Geologic Consultants Inc
(all firms have local offices).
2) Request Chair to execute agreements upon final negotiations.
(#20110983-PROCUREMENT MANAGEMENT)
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FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Provides Lee County with nine (9) consultants on this contract that can provide
professional services for the project known as COUNTY-WIDE ENVIRONMENTAL
CONTRACT (Water Quality, Hydrological Impacts, Site Assessments, Site Remediation)
on an as needed basis.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISSCUSSION
Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried with Commissioner
Bigelow voting nay.
B) ACTION REQUESTED/PURPOSE:
Approve Project # PB120077, the utilization of the Florida Consortium Contract (LYNX)
bid # 09-C05, which has gone through competitive proposal process, for the purchase of
five (5) 29’ hybrid low floor Gillig Buses; eleven (11) 35’ hybrid low floor Gillig Buses;
two (2) 35’ hybrid low floor Gillig Trolleys; and six (6) 40’ hybrid low floor Gillig Buses.
The 24 vehicles will be purchased from Gillig for a grand total cost of $14,524,030.00. Lee
Tran will be replacing a total of 24 vehicles that are well beyond their useful life. Request
board approve a budget amendment resolution in the amount of $14,524,030 which is
funded at 100% by the Federal Transit Administration on a reimbursement basis.
(#20111009-TRANSIT)
FUNDING SOURCE:
Revenue: Independent Division Fixed Route, Transit Capital, FTA USC 5307 Current
$604,030.
Revenue: Independent Division Fixed Route, Transit Capital, FTA USC 5309 Current
$13,920,000.
Expense: Independent Division Fixed Route, Transit Capital, Vehicles & Rolling Stock
$14,524,030.
WHAT ACTION ACCOMPLISHES:
Allows Lee Tran to replace 24 aging vehicles all well beyond their expected life.
MANAGEMENT RECOMMENDATION:
Approve
.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
RESOLUTION NO. 11-12-16
C) ACTION REQUESTED/PURPOSE:
Approve acceptance and expenditure authority for the following two monetary donations
in memory of Daniel Dickey for Lakes Regional Library: $10 from Barbara Leffer and
$10 from Joan and Michael Halberstam; accept a direct-pay-to-vendor donation valued at
$1,128 from the Friends of South County Regional Library for miscellaneous library
supplies and two headset microphones. Adopt a budget amendment resolution totaling
$24,251 which includes the (2) above-stated $10 donations plus a total of $24,231 from
Century Link and Level 3 Communications for e-rate reimbursements.
(#20111001-LIBRARY)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Authorizes acceptance and expenditure of funds pursuant to donors’ requests and allocates
e-rate reimbursement funds.
MANAGEMENT RECOMMENDATION:
Approval.
Commissioner Bigelow extended appreciation to Library Patrons for their generous donations. Commissioner Hall
moved approval, seconded by Commissioner Mann, called and carried.
RESOLUTION NO. 11-12-17
D) ACTION REQUESTED/PURPOSE:
Approve
transfer
of $70,000 from Group Medical Self-insurance fund (57602) reserves to
EBS/Atlanta Inc., the County's new flexible spending vendor, to fund 57612 for medical
spending ($50,000.00) and to fund 57613 for dependent care ($20,000). Also, grant
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authorization for payments to new vendor.
(
#20111019-
HUMAN RESOURCES)
FUNDING SOURCE:
Group Medical Self-Insurance (57602).
WHAT ACTION ACCOMPLISHES:
Provides startup funds and spending authority for administration of flexible spending
medical and dependent care accounts with new vendor.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
RESOLUTION NOS. 11-12-18
and
11-12-19
E) ACTION REQUESTED/PURPOSE:
Approve
Lease Agreement
for Criminal Conflict and Civil Regional Counsel for Suite 500,
Myers, FL. Lease is to begin as of November 1, 2011, through October 31, 2016.
(#20111021-FACILITIES MANAGEMENT)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Allows the Criminal Conflict and Civil Regional Counsel to remain in the same location in
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
F) ACTION REQUESTED/PURPOSE:
1) Concur with the selection of Consultants by the Competitive Negotiations Committee
for CN-12-03 MISCELLANEOUS LANDSCAPE ARCHITECTURAL SERVICES and
authorize staff to negotiate hourly rates with nine (9) selected firms:
Associates, Inc.
,
,
,
JRL Design Studios LLC, Land Architects
Inc.
,
McGee & Associates, Outside Productions, Inc.
;
and
Weston &
for a contract term for two (2) years.
2) Also authorize Chair to execute Professional Service Agreements upon completion.
(#20111026-PROCUREMENT MANAGEMENT)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
landscape architectural services on an as-needed basis.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried with Commissioner
Bigelow voting nay.
8. NATURAL RESOURCES/SOLID WASTE
A) ACTION REQUESTED/PURPOSE:
A) Approve the award of Quotation No. IW110474 for The Annual Purchase, Installation
and maintenance of Catch Basin Filter Bags to the following vendor Sweeper Man of S.W.
FL, Inc. at the competitively quoted prices listed on the attached tab sheet for the period of
one-year.
(#20110988-NATURAL RESOURCES)
FUNDING SOURCE:
Everglades/West Coast TMDL Compliance.
WHAT ACTION ACCOMPLISHES:
The filter bags capture sediment and debris which prevents silt accumulation and debris
obstruction and prevents nutrients, hydrocarbons and other pollutants from reaching our
waterways.
MANAGEMENT RECOMMENDATION
Approve.
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Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
B) ACTION REQUESTED/PURPOSE:
Approve Budget Amendment Resolution to fund 27 FY12 West Coast Inland Navigation
21 subgrant
agreements
Enforcement agencies to implement WCIND FY12 projects.
(#20110913-NATURAL RESOURCES)
FUNDING SOURCE:
– WCIND/Navigation Improvements, 403149 –– WCIND/ Derelict Vessel Removal,
403151 –– WCIND/Marine Services Miscellaneous, 403153 – WCIND/Parks and Rec
Miscellaneous, 403156 – WCIND/Sanibel Captiva Conservation Foundation, 403163 –
WCIND/VSR Team, 403165 – WCIND/SERAT, 403166 – WCIND/Imaginarium, 403167
WHAT ACTION ACCOMPLISHES:
WCIND funded projects. Authorizes Commission Chair to sign all subgrant agreements
pertaining to the FY 12 WCIND Waterway Development Program.
MANAGEMENT RECOMMENDATION:
Staff recommends approval.
Commissioner Hall moved approval seconded by Commissioner Mann, called and carried.
RESOLUTION NO.11-12-20
C) ACTION REQUESTED/PURPOSE:
Flagler Construction Equipment for a not-to-exceed price of $149,437.00, (which includes
an optional extended warranty cost of $10,425.00 and credit allowances for the trade-in of
two existing loaders).
(#20111015-SOLID WASTE)
FUNDING SOURCE:
Solid Waste System Ops - Disposal Facilities – Landfill.
WHAT ACTION ACCOMPLISHES:
Allows the Solid Waste Division to purchase a needed wheel (front-end) loader to be used
at its compost and landfill facilities.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
D) ACTION REQUESTED/PURPOSE:
Execute
interlocal agreement
(FWC Contract No. 11245) Approve budget amendment resolution in the amount of
$20,000 for unanticipated revenues and authorize expenditures in a like amount in the
Marine Services Program, OC5370300100.
(#20111018-NATURAL RESOURCES)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
markers in need of servicing, consistent with Chapter 68D-23, Florida Administrative
Code.
MAGEMENT RECOMMENDATION:
Approve.
575
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
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RESOLUTION NO. 11-12-21
9. PARKS AND RECREATION
A) ACTION REQUESTED/PURPOSE:
Approve the
conservation easement
within Galt Preserve, a Conservation 20/20 preserve
Resource Permit for the construction of the amenities.
(#20111013-PARKS AND RECREATION)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
amenities at Galt Preserve.
MANAGEMENT RECOMMENDATION:
Approve
.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
10. PUBLIC SAFETY
A) ACTION REQUESTED/PURPOSE:
Request the Chair to execute
acceptance letter,
and also authorize BOCC Chair to execute
any
other documents
required to accept this award from the Division of Emergency
Match Required. Approve Budget Amendment Resolution in the general fund for
FY11/12 in the amount of $12,500.00 and approve the expenditures in the like amount.
(
#20110992-
PUBLIC SAFETY)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
training and exercises.
MANAGEMENT RECOMMENDATION:
Staff recommends approval.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
B) ACTION REQUESTED/PURPOSE:
acceptance letter
and agreement to accept this award from the State of Florida Division of Emergency
Citizen Corps
Response Teams
(CERT)
$19,200 and approve the expenditures in the like amount.
(#20110994-PUBLIC SAFETY)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
MANAGEMENT RECOMMENDATION:
Staff recommends approval.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
C) ACTION REQUESTED/PURPOSE:
acceptance letter,
and authorize BOCC Chair to execute any
other documents
required to accept this award
from the State of Florida Division of Emergency Management that provides $75,000 in
grant funds to sustain the Regional Domestic Security Task Force Planner for Region Six.
$75,000 and approve the expenditures in the like amount.
(#20111017-PUBLIC SAFETY)
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FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
training, and exercises for Region Six.
MANAGEMENT RECOMMENDATION:
Staff recommends approval.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
11. PUBLIC WORKS ADMINISTRATION
12. TRANSPORTATION
A) ACTION REQUESTED/PURPOSE:
1) Award project B-12-01 SUNNILAND BOULEVARD AND 25
TH
STREET
SIDEWALK to the lowest responsive, responsible bidder meeting all bid requirements,
Stevens & Layton, Inc.
, (a local contractor) in the not-to-exceed amount of $357,215.08
with a completion time of 150 calendar days. As per FDOT requirements, the Project
Manual shall be attached to and made part of the construction contract.
2) Request Chair to execute agreement on behalf of the Board.
(#20110984-TRANSPORTATION)
FUNDING SOURCE:
100% Federal Funding.
WHAT ACTION ACCOMPLISHES:
Provides a Contractor for the construction of a 5’ concrete sidewalk on the east side of
th
Street from Sunniland
to Eunice.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
13. UTILITIES
A) ACTION REQUESTED/PURPOSE:
20110985/20852, MMM/SDG): Approve final acceptance, by Resolution and recording of
one (1) utility easement,
as a donation of a fire hydrant relocation, to provide fire
protection to ‘CHASE BANK – SIX MILE CYPRESS PARKWAY AND DANIELS
PARKWAY’, a recently redeveloped commercial building. This is a Developer
contributed asset project located in the southwest corner of Six Mile Cypress Parkway and
Daniels Parkway.
(#20110985-UTILITIES)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Provides adequate utility infrastructure to support development of the subject property and
MANAGEMENT RECOMMENDATION:
Approval.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
B) ACTION REQUESTED/PURPOSE:
Approve final acceptance, by Resolution, as a donation of a water distribution and a
gravity collection system, to provide potable water service, fire protection and sanitary
sewer service to ‘UNIVERSITY PLAZA’, a recently constructed commercial subdivision.
This is a Developer contributed asset project located on the southwest corner of Alico
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(#20110986-UTILITIES)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Provides adequate utility infrastructure to support development of the subject property and
MANAGEMENT RECOMMENDATION:
Approval.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried
C) ACTION REQUESTED/PURPOSE:
A) Award Professional Services Agreement for CN-11-03 FGCU OFF-SITE UTILITY
IMPROVEMENTS, to
Greeley and Hansen,
in the not-to-exceed amount of $278,920.00.
B) Also, authorize Chairman to execute Agreement on behalf of the Board.
(#20111008-UTILITIES)
FUNDING SOURCE:
Water.
WHAT ACTION ACCOMPLISHES:
and construction observation services for the FGCU Off-Site Utility Improvements within
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
14. COUNTY ATTORNEY
A) ACTION REQUESTED/PURPOSE:
(a.) Accept donation by Resolution, of One Hundred Fifty Thousand Dollars ($150,000)
Board of County Commissioners for improvements to JetBlue Park.
(b.) Approve Budget Resolution in the amount of One Hundred Fifty Thousand Dollars
($150,000) and amend FY11/12 budget accordingly.
(#20110987-COUNTY ATTORNEY)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
JetBlue Park.
MANAGEMENT RECOMMENDATION:
Accept donation by Resolutions and amend FY11/12 budget.
Commissioner Judah moved approval, seconded by Commissioner Mann, called and carried. Commissioner Judah
recognized the donation of $1,200,000.00 over the next eight years ($150,000.00 annually)
RESOLUTION NOS. 11-12-27
and
11-12-28
B) ACTION REQUESTED/PURPOSE:
Adopt Resolutions extending the commencement, phase, build out and expiration dates for
(#20111020-COUNTY ATTORNEY)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Extends the commencement, phase, build out and expiration dates in accordance with
MANAGEMENT RECOMMENDATION:
Adopt Resolution approving Development Order Amendments for each DRI.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
RESOLUTION NOS.11-12-29
and
11-12-30
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15. HEARING EXAMINER
16. CONSTITUTIONAL OFFICERS
A) ACTION REQUESTED/PURPOSE:
Request Board approves
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.
(#20111034-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 Mann, 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 November 28 through January 2, 2011: November 29, 2011
(Regular).
(#20111035-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 Mann, called and carried
.
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.
(#20111036-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.
Tax Deed Number
Payee
Amount
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
D) ACTION REQUESTED/PURPOSE:
Board approval and Chairman’s signature on the Department of the Treasury,
Internal
Revenue Service (IRS) Form 8038-CP
Return for Credit Payments to Issuers of Qualified
(
#2011(1038-FINANCE)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
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subsidy for the Series 2010A Bonds.
MANAGEMENT RECOMMENDATION:
Approve and sign Form 8038-CP.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
E) ACTION REQUESTED/PURPOSE:
Internal
Revenue Service (IRS) Form 8038-CP
Return for Credit Payments to Issuers of Qualified
Direct Subsidy) (“Series 2010B Bonds”).
(#20111039-FINANCE)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
subsidy for the Series 2010B Bonds.
MANAGEMENT RECOMMENDATION:
Approve and sign Form 8038-CP.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
1. COUNTY ADMINISTRATION
A) ACTION REQUESTED/PURPOSE:
for underwriters and preparation of documents for the Water and Sewer Revenue Bonds,
Plant.
(#20111007-COUNTY MANAGER)
FUNDING SOURCE:
Bond Proceeds.
WHAT ACTION ACCOMPLISHES:
BoCC approval is requested prior to preparation of documents.
MANAGEMENT RECOMMENDATION:
Allows for selection of bond counsel, Request for Proposal (RFP) for underwriters and the
preparation of documents for the Water and Sewer Revenue Bonds, Series 2012.
Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried.
B) ACTION REQUESTED/PURPOSE:
(#20111024-COUNTY MANAGER)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
MANAGEMENT RECOMMENDATION:
THIS IS A PLACEHOLDER BLUESHEET; A FINAL RECOMMENDATION HAS
NOT BEEN FORMULATED.
Following in depth Board discussion with Sport Authority Director Jeff Mielke, Chief Assistant County Attorney
Greg Hagen, County Manager Karen B. Hawes, Economic Development Director Jim Moore, and County Attorney
Michael Hunt; Commissioner Mann moved to terminate exclusive negotiations with NSCC and closure of the current
Letter of Interest, seconded by Commissioner Hall, called and carried. Commissioner Hall further moved to request
additional research and review by staff for options and recommendations on moving forward, seconded by
Commissioner Mann, called and carried.
2. COMMUNITY DEVELOPMENT
.
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4. COUNTY COMMISSIONERS
5. COUNTY LANDS
A) ACTION REQUESTED/PURPOSE:
(A) approval of the
purchase of Parcel 469,
Conservation 20/20 Land Acquisition
consisting of 2.5 acres located in Corkscrew Regional Ecosystem Watershed (CREW), in
(B)Request the Chairman on behalf of the Board of County Commissioners to execute all
documents necessary for closing;
(C) payment of necessary costs and fees to close; and
(D) The Division of County Lands to handle and accept all documentation necessary to
complete this transaction.
(#20110949-COUNTY LANDS)
FUNDING SOURCE:
Conservation 20/20, Land Purchase.
WHAT ACTION ACCOMPLISHES:
The acquisition of one of the properties recommended by the Conservation Land
Acquisition and Stewardship Advisory Committee.
MANAGEMENT RECOMMENDATION:
Approve.
After clarification by Director of County Lands, Karen Maguire, Commissioner Judah moved approval seconded by
Commissioner Bigelow, called and carried with Commissioner Mann voting nay.
B) ACTION REQUESTED/PURPOSE:
purchase of Parcel 419-2,
Conservation 20/20 Land
amount of $50,000;
(B) Request the Chairman on behalf of the Board of County Commissioners to execute all
documents necessary for closing;
necessary to complete this transaction.
(#20110950-COUNTY LANDS)
FUNDING SOURCE:
Conservation 20/20, Land Purchase.
WHAT ACTION ACCOMPLISHES:
The acquisition of one of the properties recommended by the Conservation Land
Acquisition and Stewardship Advisory Committee.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Bigelow, called and carried, with Commissioner
Mann voting nay.
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11. PUBLIC WORKS ADMINISTRATION
15. HEARING EXAMINER
The Chairman stated there would be a change in the hearing of the scheduled 9:30 Agenda Items, noting Items 1, 4, 5,
6 & 7 would be heard first, and Items 3 & 4 thereafter.
1. ACTION REQUESTED/PURPOSE:
Approve Resolution electing to use the Uniform Method of Collecting Non-Ad Valorem Special
(#20110997-PUBLIC RESOURCES)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Section 197.3632, Florida Statutes requires the Board to approve a resolution prior to January 1,
for the option to use the Uniform Method of Collection for Non-Ad Valorem Special Assessments
on the following November tax bill. Approving the resolution will allow staff to proceed with
Florida Statute requirements.
MANAGEMENT RECOMMENDATION:
Approve.
Assistant County Attorney Scott Coovert approved as to legal form and sufficiency, the Notice of Intent and
Affidavit
of Publication
Commissioner Judah moved approval, seconded by Commissioner Bigelow. Following clarification by
Attorney Coovert, the Chairman called for public input; however, no one came forward. The motion was called and
carried.
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2. ACTION REQUESTED/PURPOSE:
Conduct a Public Hearing to consider and approve a Resolution creating the Cherry Estates
Parkway Road Improvement CIP MSBU project. Approve a Resolution to reimburse fund number
unanticipated receipts into Estimated Revenues and Appropriations for the fiscal year 2011 - 2012.
Also, approve
transfer of funds
in the amount of $128.550.00
(#20110999-PUBLIC RESOURCES)
FUNDING SOURCE:
All short term and long term loans to finance this project will be reimbursed by the Cherry Estate
Property Owners through the MSBU assessment.
WHAT ACTION ACCOMPLISHES:
Authorizes staff to set up a Municipal Service Benefit Unit for the purpose of managing a capital
improvement project for road repairs to Cherry Estates Parkway.
MANAGEMENT RECOMMENDATION:
Approve.
Affidavit of Publication,
and
briefly described the item. Public Resources/MSTBU Coordinator Denise Sabatini noted receipt of additional
petitions and provided further clarification of the functions of the Advisory Board, and the membership on the
Advisory Committee. Commissioner Judah requested additional information on assessment methodology. The
Chairman called for public comment and the following citizens came forward:
Attorney
of the The Pavese Law Firm
Cherry Estates Property Owner
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried.
3. ACTION REQUESTED/PURPOSE:
Conduct a Public Hearing and adopt an ordinance creating the Cherry Estates Special
(#20111000-PUBLIC
RESOURCES)
FUNDING SOURCE:
Property Owners thru MSBU funds.
WHAT ACTION ACCOMPLISHES:
Authorizes staff to prepare the necessary documents to set up the MSBU.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved the item, seconded by Commissioner Mann. The Chairman called for public comment;
however, no one came forward. The motion was called and carried. (
Affidavit of Publication.
) The Ordinance
adopted by the Board and filed was
AN ORDINANCE CREATING THE CHERRY ESTATES OPERATION AND
UNIT (UNIT): DEFINING THE TERRITORY TO BE INCLUDED; ESTABLISHING
PROVIDING FOR REVERTIER; SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
BOOK - 2011R - B.O.C.C.-----------------------------------
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Local Mitigation Strategy.
(#20110939-PUBLIC SAFETY)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Complies with Federal legislation requirements for the Hazard Mitigation Grant Dollars. Board
must formally adopt the Resolution at a scheduled, advertised Public Hearing.
MANAGEMENT RECOMMENDATION:
Adopt the attached resolution.
Commissioner Judah moved approval, seconded by Commissioner Mann. Chief Assistant County Attorney Greg
Hagen approved, as to legal form and sufficiency, the
Affidavit of Publication
and briefly described the item. The
Chairman called for public input; however, no one came forward. The motion was called and carried.
5. ACTION REQUESTED/PURPOSE:
GPIWA Rates (BS 20110990/20857, CBA/SDG): Conduct a Public Hearing on December 13,
2011 at 9:30 a.m. to adopt a Resolution to approve the schedule of fees increases for the Greater
(#20110990-UTILITIES)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
A Public Hearing is required for the purpose of adopting a Resolution for increasing franchise
water system rates and charges. Advertising and conducting a public hearing will allow
consideration of increasing water system rates and charges by providing necessary revenue as
recommended in the October 10, 2011 Water Rate Study performed by Public Resources
MANAGEMENT RECOMMENDATION:
Approval.
Commissioner Judah moved approval, seconded by Commissioner Hall. Chief Assistant County Attorney Greg
Hagen approved, as to legal form and sufficiency, the
Affidavit of Publication.
The Chairman called for public input;
however, no one came forward, the motion was called and carried.
6. ACTION REQUESTED/PURPOSE:
Adoption of Resolution which consents to the actions taken by the Housing Finance Authority of
(#20110993-COMMUNITY DEVELOPMENT)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Revenue Bonds for single family financing for home ownership in participation with various other
under Florida Statutes Chapter 159.
MANAGEMENT RECOMMENDATION:
Adopt the Resolution.
BOOK - 2011R - B.O.C.C.-----------------------------------
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Adopt an ordinance that will repeal the following two ordinances:
a) 91-30, as amended by 94-18 (Black Affairs Advisory Board); and,
b) 91-31, as amended by 98-01(Hispanic Affairs Advisory Board).
(#20111011-COUNTY MANAGER)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Allows for administrative codes to replace the ordinances.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Hall. Assistant County Attorney John Fredyma
approved, as to legal form and sufficiency, the
Affidavit of Publication.
In response to Commissioner Bigelow’s
inquiry, Assistant County Manager Pete Winton noted the established Boards would remain in existence under the
Administrative Code process. The Chairman called for public input; however, no one came forward. The motion was
called and carried. The Ordinance adopted by the Board and filed was
ENTITLED:
ADVISORY BOARD RESPECTIVELY; PROVIDING FOR REPEALER AND AN
EFFECTIVE DATE.
Following a short break, the Chairman called the meeting back to order with all Commissioners present.
WALK-ON AGENDA ITEMS:
WO1
ACTION REQUESTED/PURPOSE:
Approve and execute
modification #4
to the American Recovery & Reinvestment Act Weatherization
Community Affairs) to decrease the total contract amount to $1,244,002.69 which is a $45,000
date from February 28, 2012 to March 15, 2012.
(#20110444-HUMAN SERVICES)
REASON FOR WALK-ON:
Time Sensitivity.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
WO2 ACTION REQUESTED/PURPOSE:
Approve the Minutes for the following meetings of the Board of County Commissioners held during
the week of December 6, 2011. The December 6, 2011 Regular Board meeting will be expedited as a
Walk-on at the December 13
th
Board Meeting to allow approval of the Minutes containing the new
district boundaries. The necessary documentation must be sent to the Department of State no later than
the end of December.
(#20111045-MINUTES)
REASON FOR WALK-ON
Necessary due to time sensitivity.
Commissioner Mann moved approval, seconded by Commissioner Hall, called and carried.
COMMISSIONER ITEMS
Season.
2011-GREAT YEAR-Commissioner Hall extended her gratitude to staff, noting their efforts in making 2011 an
incredible year, looking forward to 2012.
Florida Water Management District for adoption of a Resolution in support of quantifying the availability of water. He
recognized Dan Delisi, West Coast Representative to the South Florida Water Management District, for his invaluable efforts.
Commissioner Judah so moved, seconded by Commissioner Hall, called and carried. Commissioner Bigelow complimented the
author of the Resolution, Natural Resources Operations Manager Kurt Harclerode.
BOOK - 2011R - B.O.C.C.-----------------------------------
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COMMITTEE APPOINTMENTS
AFFORDABLE
HOUSING COMMITTEE,
seconded by Commissioner Judah, called and carried.
AFFORDABLE HOUSING
COMMITTEE,
seconded by Commissioner Bigelow, called and carried.
Commissioner Hall moved to reappoint Richard Kurcina to the
DAUGHTREYS CREEK SPECIAL
IMPROVEMENT COMMITTEE,
COMMUNITY SUSTAINABILITY COMMITTEE,
seconded by Commissioner Mann, called and carried.
EXECUTIVE REGULATORY
OVERSIGHT COMMITTEE
COMMUNITY SUSTAINABILITY COMMITTEE
; and to
Addish Harmon to the
HEIMAN/APOLLO STREETLIGHTING UNIT
, Alex Swails to the
UNIT
FORT MYERS VILLAS STREETLIGHTING UNIT
,
seconded by Commissioner Mann, called and carried.
COUNTY MANAGER ITEMS
Community Development Director Mary Gibbs provided an update on Customer Service Levels,
reported budget stabilization and noted the monitoring activities. Ms. Gibbs noted continuing efforts to work closely
with the Building Industry, and advised of plans to open the permit lobby on Fridays and the return of staff to a 40-
hour work week beginning in January, 2012. She noted there would be continued monitoring, and there was no
expectations of budgetary impact. .
COUNTY ATTORNEY ITEMS
County Attorney Michael Hunt had no items to be discussed.
The Chairman recessed the meeting until 5:00 p.m. The Chairman called the meeting back to order at 5:00 p.m., with
Commissioner Mann absent
for the remainder of the meeting.
5:00 P.M. AGENDA ITEM –
Public Hearing No 1
1. ACTION REQUESTED/PURPOSE:
Conduct the first public hearing regarding an ordinance amending Lee County Land Development
Code (LDC). Direct the proposed ordinance to a second public hearing on January 10, 2012 at
9:30 A.M.
(#20111014-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.
Assistant County Attorney Michael Jacob approved, as to legal form and sufficiency, the
Affidavit of Publication,
and
briefly described the request. Attorney Jacob noted a memorandum was provided outlining the amendments to the
proposed ordinance and that the item to be sent to a second Public Hearing on January 10, 2012 at 9:30 a.m. The
Chairman called for public comment and the following persons came forward:
Lehigh Acres Community Planning Panel member
Edd Weiner
- handout on file in the Minutes Office.
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried.
PUBLIC PRESENTATION OF MATTERS BY CITIZENS:
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River Grove Estates resident
Richard Purcell
requested that County Ordinance 93-23 regarding lot
mowing be amended to include residential lots, one acre or less in rural or suburban areas due to the fact that these
properties are not included in the existing ordinance.
Fort Myers resident
Lorenzo Tindal
spoke in opposition to the closing of the Fort Myers processing
and distribution plant and a request that the Board submit a letter to Postal Executives.
Alva resident
James D. English
noted a massive surface water management problem and asked that the
Board not spend further efforts on the Victor Creek restoration.
Glades County resident
Mary Nason
noted an ongoing problem with staff at the East County Library
for the past three years and provided documentation to the Board and offered to meet to resolve the issue. –
Handout
on file in the Minutes Office.
North Fort Myers resident
Kim Hawk
spoke regarding code enforcement’s citation related to servicing
of automobiles outside of service buildings.
Owner Agent for U-Haul International
David Pollack
addressed the North Fort Myers Plan and noted
there were issues with the Plan, eliminating uses in North Fort Myers and asked that the Board reconsider.
Following announcement that the second public hearing for the Land Development Code will be held on
Tuesday January 10
th
at 9:30 a.m., the Chairman adjourned the meeting at 5:43 p.m.
ATTEST:
CHARLIE GREEN, CLERK
__________________________
Deputy Clerk
_____________________________
Chairman, Lee County Commission
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