CreationDate: 2012/02/02 09:02:49-05'00' Author: cresencia du Creator: Acrobat PDFMaker 7.0.7 for Word Producer: Acrobat Distiller 7.0.5 (Windows) ModDate: 2012/02/02 09:03:04-05'00' Company: Clerk of Courts SourceModified: 2012/02/02 14:02:38 Title: __The Regular Meeting of the Board of Lee County Commissioners was held this date with the following Commissioners present: xmp:pdf:Producer: Acrobat Distiller 7.0.5 (Windows) xmp:pdfx:Company: Clerk of Courts xmp:pdfx:SourceModified: D:20120202140238 xmp:xap:CreatorTool: Acrobat PDFMaker 7.0.7 for Word xmp:xap:ModifyDate: 2012-02-02T09:03:04-05:00 xmp:xap:CreateDate: 2012-02-02T09:02:49-05:00 xmp:xap:MetadataDate: 2012-02-02T09:03:04-05:00 xmp:xapMM:DocumentID: uuid:50e76760-dedf-414e-ae03-c5aba99f1686 xmp:xapMM:InstanceID: uuid:34a0aa6d-decc-43ec-91d1-70b43615115b xmp:xapMM:VersionID: 2 xmp:dc:format: application/pdf xmp:dc:title: __The Regular Meeting of the Board of Lee County Commissioners was held this date with the following Commissioners present: xmp:dc:creator: cresencia du Page 1 BOOK - 2011R - B.O.C.C. ------------------------------------------------------------------------------------------------------------------ PAGE: 422 SEPTEMBER 20, 2011 The Regular Meeting of the Board of Lee County Commissioners was held on this date with the following Commissioners present: Frank B. Mann, Chairman John Manning, Vice Chairman Ray Judah Tammara Hall A. Brian Bigelow The Chairman called the meeting to order at 9:30 a.m. The Chair requested for a moment of silence for Lee County employee, Booker Haynes who had passed-on last week. The Invocation was given by Reverend Erik Bennett, Daniels Road Baptist Church, followed by the Pledge of Allegiance to the Flag. PRESENTATIONS Commissioner Judah read and presented a Ceremonial Resolution recognizing Reverend Israel Suarez, The Nations Association Charities, Inc. Director, celebrating its 33rd year in service to Lee County, and proclaiming September 20, 2011 as Taste of the Nations Day in Lee County, and encourage all Lee County residents to recognize and support the efforts of the Nations Association Charities, Inc. Reverend Suarez accepted the Resolution, thanked the Board and invited the Board for tonight’s Taste of the Nations’ event. (#20110754-Commissioner Judah) ANNOUNCEMENTS Referring to the Agenda Recap Sheet dated September 20, 2011, the Chairman announced that: For Consent Agenda Item 2(a) replace the County Attorney Memo of June 9, 2010 with the memo of September 14, 2011 to further define the use of Unincorporated MSTU funds for this loan forgiveness. Carry-over Item No. 1 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 concerned citizens came forward: C2(a) – Lee Building Industry Association President Dennis Cantwell C10(a) – Lee Memorial Health System representative Chris Nehein C6(b) – Reverend Jehovah Alston The following are the Consent Agenda items that each Board member wished to have discussed: Commissioner Mann – 2(a) Commissioner Manning - None Commissioner Judah – 1(e) Commissioner Hall – 1(e) Commissioner Bigelow – 1(d) CONSENT AGENDA 1. COUNTY ADMINISTRATION A) ACTION REQUESTED/PURPOSE: As required by AC 4-4, approve expenditure of $4,081,167.00 for the purchase of Excess Property and Casualty Insurance coverage for FY 10/01/11 to 10/01/12. (#20110727- COUNTY MANAGER) FUNDING SOURCE: Property & Liability Insurance and Bonds Fund. WHAT ACTION ACCOMPLISHES: Enables the Budget Services/Risk Management office to purchase necessary insurance in order to provide financial protection to the County against various unexpected property and casualty type losses. MANAGEMENT RECOMMENDATION: ---------------------------------------------APPROVED MINUTES OF 092011R-------------------------------------------------------------- Page 2 BOOK - 2011R - B.O.C.C. ------------------------------------------------------------------------------------------------------------------ PAGE: 423 Approval. Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried. B) ACTION REQUESTED/PURPOSE: As required by AC 4-4, approve expenditure of $876,245.00 for the purchase of insurance coverage for the County's Toll Bridges for FY 10/01/11 to 10/01/12. (#20110728-COUNTY MANAGER) FUNDING SOURCE: Toll Facilities – Cape Coral Operations Insurance and Bonds. Toll Facilities – Midpoint Operations Insurance and Bonds. Toll Facilities – Sanibel Operations Insurance and Bonds. WHAT ACTION ACCOMPLISHES: Enables the Budget Services/Risk Management office to purchase necessary insurance in order to provide financial risk transfer to protect the County’s assets against various unexpected property and casualty type losses. MANAGEMENT RECOMMENDATION: Approval. Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried. C) ACTION REQUESTED/PURPOSE: Approve extending the MMG Worldwide contract by one month, changing the contract period from September 1, 2011 through September 30, 2014, with the option of renewal for two (2) one (1) year periods. (#20110734-VISITOR AND CONVENTION BUREAU) FUNDING SOURCE: Fund: Tourist Dev. Tax Trust; Program: VCB Visitor and Convention Bureau; Project: Promo Advertising & Expe. WHAT ACTION ACCOMPLISHES: Board approved the execution of an agreement with MMG Worldwide on June 14, 2011, in the amount of up to $8,500,000. This will provide Lee County with a principal advisor and provider to the Visitor & Convention Bureau (VCB) for the following advertising services: Development of a strategic advertising plan; creative strategy, creation and production of all advertising; placement of advertising, regardless of type, at the lowest competitive rate; development and coordination of media plans; brand marketing; create and implement cooperative advertising programs; and develop promotions in order to stretch the reach of the advertising budget. MANAGEMENT RECOMMENDATION: Approve. Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried. D) ACTION REQUESTED/PURPOSE: Concur with the ranking of Consultants by the Competitive Negotiations Committee for CN-11-15 Financial Advisor in the following order of ranking, and authorize staff to negotiate hourly rates and other independent costs with the number one ranked firm: (1) Dunlap & Associates Inc. and (2) Public Financial Management, for a contract period of three (3) years. Also, authorize Chair on behalf of the Board to execute the agreements upon final negotiations. (#20110735-COUNTY MANAGER) FUNDING SOURCE: Fund: General Fund – Program: Non-Dept – Non-Departmental – Project: Financial Services. WHAT ACTION ACCOMPLISHES: Provides Lee County with an advisor that will advise the County on the most fiscally responsible process of conducting the sale of bonds by recommending competitive bidding, negotiation, or some other means. The Financial Advisor will not participate either directly or indirectly as underwriters in the sale of the bonds, nor have any financial interest, directly or indirectly in such sale, except as to compensation paid hereunder by the County. MANAGEMENT RECOMMENDATION: Approve. PULLED FOR DISCUSSION ---------------------------------------------APPROVED MINUTES OF 092011R-------------------------------------------------------------- Page 3 BOOK - 2011R - B.O.C.C. ------------------------------------------------------------------------------------------------------------------ PAGE: 424 After Commissioner Bigelow expressed his non-support of the ranking process, Commissioner Manning moved approval, seconded by Commissioner Judah. Following Commissioner Judah’s comments of appreciation to the firm of Dunlop & Associates, the motion was called and carried, with Commissioner Bigelow voting nay. E) ACTION REQUESTED/PURPOSE: Approve budget amendment resolution to accept additional tourist development tax revenue in the amount of $3,000,000.00; and amend FY 2010-11 Visitor & Convention Bureau (VCB) budget. (#20110738-VISITOR AND CONVENTION BUREAU) FUNDING SOURCE: Tourist Development Tax Trust. WHAT ACTION ACCOMPLISHES: Adjusts revenue, reserves, stadium debt service and beach & shoreline fund budgets. This will provide a more accurate reflection of tourist tax revenue while adjusting the stadium debt service and beach & shoreline budgets and reserve balances. MANAGEMENT RECOMMENDATION: Approve. PULLED FOR DISCUSSION At the request of Commissioners Judah and Hall, Visitor & Convention Bureau Director Tamara Pigott noted the request from the City of Bonita Springs and recommended not to accept any out-of-cycle beach and shoreline requests, instead allow as an option some of the additional funds to be utilized in the next cycle. Commissioner Judah moved approval, seconded by Commissioner Manning. Commissioner Judah requested that a letter be sent to the Mayor of Bonita Springs with a copy to the City Manager. After Ms. Pigott responded to questions by Commissioner Bigelow, the motion was called and carried. RESOLUTION NOS. 11-09-21 THROUGH 11-09-24 F) ACTION REQUESTED/PURPOSE: As required by AC 4-4, approve expenditure of $114,468 for the purchase of EMS Helicopter Aircraft Hull and Liability Insurance coverage for FY 10/01/11 to 10/01/12. (#20110729-COUNTY MANAGER) FUNDING SOURCE: Public Safety-Emergency Response Insurance and Bonds. WHAT ACTION ACCOMPLISHES: Provides continuous coverage to the EMS helicopter for physical damage and provides financial risk transfer via aircraft hull and liability insurance. MANAGEMENT RECOMMENDATION: Approval. Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried. 2. COMMUNITY DEVELOPMENT A) ACTION REQUESTED/PURPOSE: Approve forgiving $3,000,000.00 loan and all accrued FY 10-11 interest for Unincorporated MSTU Fund (15500) loan to MSBU Building Reserve Fund (15501) before one (1) year renewal expires 9/30/11. Also approve Budget Amendment Resolution and Request for Transfer of Funds in the amount of $606,231.00 to accomplish this. (#20110733-COMMUNITY DEVELOPMENT) FUNDING SOURCE: Unincorporated Area MSTU (15500) is source of original loan. WHAT ACTION ACCOMPLISHES: The loan to the MSTU Building Reserve fund (15501) will be forgiven and removed from the financial statements. MANAGEMENT RECOMMENDATION: Approve. PULLED FOR DISCUSSION At the request of Chairman Mann, Community Development Director Mary Gibbs reviewed the status of the loan provided a couple of years ago, and provided a summary of ways in which the Department plans to cut expenditures. Board discussion ensued with Ms. Gibbs responding to questions. Commissioner Judah moved approval, seconded by Commissioner Manning. Following further discussion, the motion was called and carried. RESOLUTION NO. 11-09-25 3. CONSTRUCTION AND DESIGN ---------------------------------------------APPROVED MINUTES OF 092011R-------------------------------------------------------------- Page 4 BOOK - 2011R - B.O.C.C. ------------------------------------------------------------------------------------------------------------------ PAGE: 425 A) ACTION REQUESTED/PURPOSE: a) Approve Change Order No. 4 under RFQ-09-02 New Boston Red Sox Training Facility (Site Development Package), to Manhattan Kraft Construction Co., Inc., in the deduct amount of $332,520.00 to allow funds to be moved over to the Stadium Package GMP. b) Approve Change Order No. 6 under RFQ-09-02 New Boston Red Sox Training Facility (Stadium Package), to Manhattan Kraft Construction Co., Inc. (a local Contractor), in the increase amount of $332,520.00 to increase line items and Budget. c) Authorize Chair to execute both Change No. 4 (Site Package) and Change Order No. 6 (Stadium Package) on behalf of the Board. (#20110713-CONSTRUCTION AND DESIGN) FUNDING SOURCE: Fund: Red Sox Stadium Capital Improvement Fund; Program: Capital Project; Project: Red Sox Stadium. WHAT ACTION ACCOMPLISHES: Change Order will allow to zero out the earthwork line item (Site Package) for fill, and increase Change Order No. 6 (Stadium Package) to increase 3 line items and the remaining to increase the Budget. MANAGEMENT RECOMMENDATION: Approve. Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried. 4. COUNTY COMMISSIONERS No requests received. 5. COUNTY LANDS No requests received. 6. HUMAN SERVICES A) ACTION REQUESTED/PURPOSE: Approve a FY10/11 budget amendment resolution allowing Lee County Department of Human Services to receive $66,606.00 from FEMA Phase 29 Emergency Food and Shelter Program (EFSP). (#20110714-HUMAN SERVICES) FUNDING SOURCE: FEMA Phase 29 Emergency Food and Shelter Program. WHAT ACTION ACCOMPLISHES: Amends and increases the existing Departmental budget by $66,606.00 in emergency assistance funding allowing DHS to serve approximately 200 households in economic crisis. MANAGEMENT RECOMMENDATION: Approve. Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried. RESOLUTION NO. 11-09-26 B) ACTION REQUESTED/PURPOSE: (1) Accept a private $5,000.00 cash donation to the Department of Human Services to be used to assist homeless families with children. (2) Approve a FY10/11 budget amendment resolution. (#20110715-HUMAN SERVICES) FUNDING SOURCE: Individual donor that requests anonymity. WHAT ACTION ACCOMPLISHES: Provides $5,000.00 to the Department of Human Services allowing the Family Self Sufficiency Program to meet unique needs of homeless families and children. MANAGEMENT RECOMMENDATION: Approve. Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried. RESOLUTION NO. 11-09-27 ---------------------------------------------APPROVED MINUTES OF 092011R-------------------------------------------------------------- Page 5 BOOK - 2011R - B.O.C.C. ------------------------------------------------------------------------------------------------------------------ PAGE: 426 7. INDEPENDENT A) ACTION REQUESTED/PURPOSE: Authorize application to Florida Department of State, Division of Library Information Services for Fiscal Year 2011-2012 State Aid to Libraries Grant. State Statute requires application by October 1, 2011 to be considered eligible for Chapter 257 funds. (#20110732-LIBRARY) FUNDING SOURCE: No Lee County funding required. WHAT ACTION ACCOMPLISHES: Allow staff to recommend Lee County apply for 2011-2012 State Aid to Libraries Grant Funds. MANAGEMENT RECOMMENDATION: Recommends approval. Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried. B) ACTION REQUESTED/PURPOSE: Request authorization to advertise and set a Public Hearing on October 11, 2011 at 9:30 a.m., to amend the Taxicab & Livery Ordinance 11-07. (#20110740-PUBLIC RESOURCES) FUNDING SOURCE: N/A WHAT ACTION ACCOMPLISHES: Sets Public Hearing date of October 11, 2011 at 9:30 a.m. in order for the Board to formally adopt amending Ordinance 11-07 Taxicab & Livery. MANAGEMENT RECOMMENDATION: Approve. Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried. 8. NATURAL RESOURCES/ SOLID WASTE A) ACTION REQUESTED/PURPOSE: Approve listing of three (3) Mandatory Garbage Hardship Payment Deferral requests for Fiscal Year 2011/2012, October 1, 2011 through September 30, 2012. Approved listing of parcels will be submitted to the Property Appraiser for proper notation on the solid waste roll, and the Solid Waste Division will record a lien against the applicant's property. (#20110710-SOLID WASTE) FUNDING SOURCE: Not applicable. WHAT ACTION ACCOMPLISHES: Defers payment, and provides for the recording of liens under the Mandatory Garbage Hardship Deferral Program. MANAGEMENT RECOMMENDATION: Approve attached listing of Mandatory Garbage Hardship Payment Deferral requests for Fiscal Year 11-12. Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried. 9. PARKS AND RECREATION No requests received. 10. PUBLIC SAFETY A) ACTION REQUESTED/PURPOSE: Approve amended Agreement between Lee Memorial Health System and Lee County Board of County Commissioners for Intra and Inter-facility transport services. (#20110717-PUBLIC SAFETY) FUNDING SOURCE: N/A WHAT ACTION ACCOMPLISHES: Establishes Lee County Emergency Medical Service (EMS) as the primary ambulance ---------------------------------------------APPROVED MINUTES OF 092011R-------------------------------------------------------------- Page 6 BOOK - 2011R - B.O.C.C. ------------------------------------------------------------------------------------------------------------------ PAGE: 427 provider for Intra and Inter-facility transport services for Lee Memorial Health System. MANAGEMENT RECOMMENDATION: Approve. Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried. 11. PUBLIC WORKS ADMINISTRATION No requests received. 12. TRANSPORTATION A) ACTION REQUESTED/PURPOSE: Request Board approval for the closing of the Midpoint Memorial Bridge on Veterans Day, November 11, each year for the next four (4) years, 2011 through 2014, for the Veterans Day foot race from approximately 5:00 p.m. until approximately 9:00 p.m., except on the year where Veterans Day falls on a weekend in which the race would be held on the Saturday, November 10, with the closure from 7 a.m. until 11 a.m. (2012). (#20110712-TRANSPORTATION) FUNDING SOURCE: Board approval is required to close the bridge. WHAT ACTION ACCOMPLISHES: Allows the citizens of Lee County to participate in the observance of Veterans Day through the 5K foot race across the bridge. MANAGEMENT RECOMMENDATION: Approve. Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried. B) ACTION REQUESTED/PURPOSE: 1. Award B-11-30 Little Carlos Pass and Big Hickory Bridges Overlay to the second lowest, responsible bidder meeting all bid requirements, CSJ of SWFL, Inc., (a local vendor), utilizing 3% Lee County Ordinance No. 08-26 Local Bidder Preference, in the not-to-exceed amount of $135,787.46 with a project completion time of 90 calendar days. 2. Authorize Chair to execute contract on behalf of the Board upon receipt. (#20110716-TRANSPORTATION) FUNDING SOURCE: Fund – Transportation Capital Improvement; Program – Major Maintenance; Project – Master Bridge. WHAT ACTION ACCOMPLISHES: Provides a contractor for the repair of concrete delamination for the bridge deck and overlay of Little Carlos Pass and Big Hickory Pass bridges. MANAGEMENT RECOMMENDATION: Approve. Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried. 13. UTILITIES No requests received. 14. COUNTY ATTORNEY No requests received. 15. HEARING EXAMINER No requests received. 16. CONSTITUTIONAL OFFICERS A) ACTION REQUESTED/PURPOSE: Approve the Minutes for the following meetings of the Board of County Commissioners held during the week of September 5 through September 9, 2011: ---------------------------------------------APPROVED MINUTES OF 092011R-------------------------------------------------------------- Page 7 BOOK - 2011R - B.O.C.C. ------------------------------------------------------------------------------------------------------------------ PAGE: 428 September 6, 2011 (Regular) September 7, 2011 (Tentative Budget). (#20110749-MINUTES) FUNDING SOURCE: N/A. WHAT ACTION ACCOMPLISHES: Approval of the Board Minutes, pursuant to Florida Statute 286.011. MANAGEMENT RECOMMENDATION: Approve. Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried. B) 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. (#20110750-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 Judah, called and carried. C) ACTION REQUESTED/PURPOSE: Approve disbursement of excess funds resulting from the sale of tax deed certificates to the claimants verified and certified under Florida Statutes 197.582. Tax Deed No. 2008-000990 2010-002955 2010-002092 2010-002102 2010-000986 2010-001396 2008-003319 2009-006067 2009-006465 2010-000529 2010-000591 2010-000722 2004-002820 2007-000163 2007-001015 Claimants Jupiter Asset Recovery, LLC dba US Asset Recovery Randy Largent Jeanne Kerney Cecile M. Tinker Sun Trust Bank Federal Housing Investment Group, LLC Jupiter Asset Recovery, LLC dba US Asset Recovery Daniel W. Adams, Jr. Swearingen & Associates, Inc. IStar Financial Inc. Wells Fargo Bank, National Association M & I Marshall & Ilsley Bank MTW Asset Management Corp Estate of Jacqueline Fournier a/k/a Jacqueline Augustine Veckens c/o Lawrence W. Borns, P.A. Estate of Pierre Clerc a/k/a Pierre Bernard Daniel Clerc c/o Lawrence W. Borns, P.A. Amount $1,252.16 $345.06 $1,471.83 $2,143.73 $59,093.70 $7,546.02 $1,283.32 $870.18 $6,080.31 $307,351.32 $9,075.86 $8,142.58 $28,591.21 $4,338.22 $10,396.69 (#20110752-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. ---------------------------------------------APPROVED MINUTES OF 092011R-------------------------------------------------------------- Page 8 BOOK - 2011R - B.O.C.C. ------------------------------------------------------------------------------------------------------------------ PAGE: 429 Commissioner Manning moved approval, seconded by Commissioner Judah, 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. 6. HUMAN SERVICES No requests received. 7. INDEPENDENT No requests received. 8. NATURAL RESOURCES/ SOLID WASTE No requests received. 9. PARKS AND RECREATION No requests received. 10. PUBLIC SAFETY No requests received. 11. PUBLIC WORKS ADMINISTRATION No requests received. 12. TRANSPORTATION No requests received. 13. UTILITIES No requests received. 14. COUNTY ATTORNEY A) ACTION REQUESTED/PURPOSE: ---------------------------------------------APPROVED MINUTES OF 092011R-------------------------------------------------------------- Page 9 BOOK - 2011R - B.O.C.C. ------------------------------------------------------------------------------------------------------------------ PAGE: 430 Approve mediated settlement in Lee County v. Ritter, et al., Case No. 09CA-1721, Parcel 198, Burnt Store Road Project. (#20110719-COUNTY ATTORNEY) FUNDING SOURCE: Fund: toll surplus, land; Program: Capital Improvement Project; Project: Burnt Store Road Widening. WHAT ACTION ACCOMPLISHES: Settles all claims for condemnation of Parcel 198 except taxable costs. MANAGEMENT RECOMMENDATION: Approve. Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried. 15. HEARING EXAMINER No requests received. 16. CONSTITUTIONAL OFFICERS No requests received. 17. PORT AUTHORITY AND OTHER GOVERNING BOARDS No requests received. CARRY-OVER ITEM NO. 1 1. ACTION REQUESTED/PURPOSE: Approve extension of the following four (4) MSTBU Interfund loans from 9/30/2011 to 9/30/2012: Palmona Park loans #178, #188 and #189 (Fund 10228) for $10,523 plus interest; and San Carlos loan #174 (Fund 10234) for $26,821 plus accrued interest. (#20110651-PUBLIC RESOURCES) FUNDING SOURCE: Palmona Park Streetlighting District and San Carlos Park loans provided by MSTBU Restricted Fund (10400). WHAT ACTION ACCOMPLISHES: Provides extension of loans until collection of revenues to reimburse for services. MANAGEMENT RECOMMENDATION: Approve. REASON FOR CARRYOVER: This item was deferred for one week at the September 13, 2011 Board meeting. Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried. COMMISSIONER ITEMS REVEREND ALSTON’S ISSUES – Commissioner Bigelow expressed the need to look into the Reverend’s comments. County Manager Karen Hawes offered to get with Reverend Alston. CONDOLENCES TO DEPUTY COUNTY MANAGER BILL HAMMOND – Commissioner Judah extended condolences to Mr. Hammond on his mother-in-law’s passing. LETTER FROM PUBLIC SCHOOL SUPERINTENDENT JOSEPH BURKE – Referencing a letter from Dr. Burke regarding school concurrency, Commissioner Judah noted it could no longer be used as a regulatory tool. Chairman Mann indicated he had requested Community Development Director Mary Gibbs to review the letter and provide a response. JRL VENTURES INC/MARINE CONCEPTS – Commissioner Hall congratulated the firm on expanding its business. BAYSHORE UTILITIES – Commissioner Hall requested Utilities Director Pam Keyes to provide an update on the private utility’s issues at the October Management and Planning meeting. NORTH FORT MYERS ROADS – Lee County Public Safety Deputy Director Kim Dickerson reported on the status of the two roads, Bartholomew and Laurel. Commissioner Manning suggested declaring a State of Emergency, preparing a cost estimate, and bringing the issue back to the Board for a motion. After extensive Board ---------------------------------------------APPROVED MINUTES OF 092011R-------------------------------------------------------------- Page 10 BOOK - 2011R - B.O.C.C. ------------------------------------------------------------------------------------------------------------------ PAGE: 431 discussion, Commissioner Hall moved to prepare a declaration for a State of Emergency for next Tuesday, and provide anticipated costs on what it would take to have timely passage with emergency vehicles down Laurel and Bartholomew, seconded by Commissioner Manning. Following discussion regarding equity for all Lee County citizens, the motion was called and carried. COMMITTEE APPOINTMENTS Commissioner Manning moved to appoint James Boyle to the COASTAL ADVISORY COMMITTEE, seconded by Commissioner Hall, called and carried. Commissioner Bigelow moved to reappoint Stephanie Colene to the EXECUTIVE REGULATORY OVERSIGHT COMMITTEE, reappoint Pamela Geiger to the WHISKEY CREEK CLUB ESTATES, seconded by Commissioner Hall, called and carried. COUNTY MANAGER ITEMS FUEL HEDGING (FLEET) – Fleet Management Director Marilyn Rawlings briefed the Board on the Hedging Program (copy on file in the Minutes Office) and summarized cost cutting measures. Referring to the Hedging Program financial chart, Consultant for Lee County, Craig Dunlap of Dunlap & Associates, Inc. clarified the purpose of the Fuel Hedging. Assistant County Manager Pete Winton indicated a Blue Sheet would be prepared and brought to the Board. SWIM CENTER UPDATE – County Manager Karen Hawes reported changes in the Swim Center Agreement, and noted the Swim Center group will be meeting on Thursday with County Management and the County Attorney. Discussion took place regarding the need for individual Board members to be briefed. SOLAR HOT WATER HEATER PROGRAM UPDATE – County Manager Karen Hawes reported there were 5 responses to the April Letter of Interest, three of the respondents were local with only one proposing a lease type program; including purchase, installation, and maintenance. Ms. Hawes noted that discussion is on going with the Tax Collector for possible billing. Board discussion ensued on the need for availability of ownership vs. a lease. Commissioner Manning left the meeting briefly during Commissioner Hall’s comments. COUNTY ATTORNEY ITEMS County Attorney Michael Hunt had no items to be discussed. The Chairman adjourned the meeting at 11:29 a.m. ATTEST: CHARLIE GREEN, CLERK __________________________ Deputy Clerk _____________________________ Chairman, Lee County Commission ---------------------------------------------APPROVED MINUTES OF 092011R--------------------------------------------------------------