HTML Raw Codes __The Regular Meeting of the Board of Lee County Commissioners was held this date with the following Commissioners present:
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BOOK - 2011R - B.O.C.C.-----------------------------------
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OCTOBER 25, 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
Tammara Hall
Ray Judah
COMMISSIONER BRIAN BIGELOW WAS ABSENT FOR THE ENTIRE MEETING.
The Chairman called the meeting to order at 9:33 a.m. The Chairman requested our prayers and thoughts -
The Invocation was given by Reverend John Dougherty, First Baptist Church of Fort Myers, followed by the
Pledge of Allegiance.
PRESENTATIONS
Commissioner Hall read and presented a Resolution conveying the Commissioners sincere
appreciation to North Fort Myers Fire District Chief Terry Pye for his long-time service and recognizing his
outstanding contributions to the citizens of Lee County and wishing him well in his retirement. Chief Pye
accepted the Resolution and expressed appreciation to the Board for this recognition.
(#20110878-
Commissioner
Hall)
Chairman Mann read and presented a Resolution recognizing Eden Autism Services for their 15
years of providing outstanding services to the children and adults with autism in Southwest Florida and urging all
citizens to support this organization and its efforts to help individuals struggling with autism. Elly Hagen accepted
the Resolution on behalf of the teachers and students, and expressed appreciation to the Board for this recognition.
(#20110879-
Commissioner Mann)
ANNOUNCEMENTS
Referring to the
Agenda Recap Sheet
dated October 25, 2011, the Chairman announced that:
Consent Agenda1A
should include the following language to the
BACKGROUND:
In support of
the full funding for the Bob Janes Triage Center: Restore State funds originally committed to fulfill the three year
grant awards made in November 2010 for the Criminal Justice, Mental Health and Substance Abuse Reinvestment
Grant. The annual amount of funding that DCF committed during the competitively procured statewide program
is $3,000,000.00
Lee County applied for an expansion grant and was awarded $250,000.00 per year for a three year
period or a total of $750,000.00. These funds were competitively procured and support the operations of the Bob
Janes Triage Center which is a pre-arrest jail diversion program which targets low level offenders. The program
demonstrates a cost benefit and positive outcomes for participants.
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried with
Commissioner Bigelow absent.
Consent Agenda 6A
should include a budgeted amount indicated in the backup material originally
submitted which has been modified as follows: A new project for SWFAS, titled Chrysalis Peer Support
Community was originally budgeted for $28,520.00. This budgeted amount reflects only the first year’s
submission; this HUD grant allows for up to three years of funding to be requested. Therefore, the amount has
been increased to $89,733 to reflect a three year budget.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Bigelow absent.
Walk-on Item No. 3
should include the following language in the FUNDING SOURCE: Funding
the maintenance and protection service agreements for the Toro product will come from the general operating
expenses of Parks & Recreation.
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried with Commissioner
Bigelow absent.
Three Walk-On Items would be heard at the appropriate time in the agenda.
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9:30 A.M. AGENDA ITEM
– Public Comment on Agenda Items
Consent (C) and Administrative (A)
Walk-On 1 –
Phil Buchanan
representing the GPICA
A14A -
Attorney Jim Humphrey,
representing the Town of Fort Myers Beach
A14A - Fort Myers Beach resident
Sam Lurie
A14A – Fort Myers Beach resident
Karen Swanbeck
A14A – Fort Myers Beach resident
Sallie Seabury
A14A – Fort Myers Beach resident
Jean Gottlieb
A14A – Fort Myers Beach resident
Mark LaFave
A14A –Fort Myers Beach resident
Pat A. Smith
A14A –Fort Myers Beach resident
Garr Reynolds
A14A –
Al Durrett
representing Fish Tale Marina & Santini Marina Plaza
A14A –Fort Myers Beach resident
M. Katie Corning
A14A –Fort Myers Beach resident
Barbara Hill
A14A –Fort Myers Beach resident
Leroy Hommerding
A14A –Fort Myers Beach resident
Ed Scott
A14A –Fort Myers Beach resident
Bobbi Kemp
A14A –Fort Myers Beach resident
Charlie Whitehead
A14A -
Attorney Anne Dalton,
representing the Fort Myers Beach Library District
A14A –Fort Myers Beach resident
Paul Martin
A14A –Fort Myers Beach resident
Jim Stevens
A14A –Fort Myers Beach resident
Bob Miller
A14A –Fort Myers Beach resident
Cletus Poser
Walk-On 1 –
Pete Quasius
The following are Consent Agenda items that each Board member wished to have discussed:
Commissioner Hall –16A
Commissioner Manning – None
Commissioner Judah -1A
Commissioner Mann –10A, 10B
CONSENT AGENDA
1. COUNTY ADMINISTRATION
A)
ACTION REQUESTED/PURPOSE:
Approve proposed Lee County 2012 Legislative platform and request placement on the
November 8, 2011 Lee County Delegation meeting agenda.
(#20110880-
COUNTY
MANAGER)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Approves preliminary 2012 Legislative platform and requests placement on the Lee
County Legislative Delegation agenda.
PULLED FOR DISCUSSION
Commissioner Judah noted the need to place the septic tank repeal item on the list being prepared by Lee County’s
Legislative Delegation and asked for a comprehensive overview and report on the number of septic tanks in Lee
County. Commissioner Judah moved to approve the item as amended with the request for overview by the
Legislature, seconded by Commissioner Manning, called and carried with Commissioner Bigelow absent. .
2. COMMUNITY DEVELOPMENT
A) ACTION REQUESTED/PURPOSE
Amend existing contracts under SHIP (State Housing Initiatives Partnership Program as
follows:
Habitat for Humanity of Lee County, Inc.
• Increase
contract C-5630
with Habitat for Humanity of Lee County, Inc by $30,000 ($169,000 to
$199,000), change the project scope for the acquisition/rehabilitation/resale of single family
houses for 5 households (for 2 very low and 3 low income) to 6 households (2 very low and 4 low
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income) and extend it from October 31, 2011 to December 16, 2011.
• Extend contract C-5462 from October 31, 2011 to December 16, 2011.
Lee County Housing Development Corp.
• Extend contract
C-4736
from October 31, 2011 to December 16, 2011.
(#20110851-
COMMUNITY DEVELOPMENT)
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried with
Commissioner Bigelow absent.
B)
ACTION REQUESTED/PURPOSE:
Approve an
Interlocal Agreement
with the Town of Fort Myers Beach for development
review, building plant review and building inspection services in the amount of $44,636.00
annually, for a maximum of two years (October 1, 2011 through September 30, 2013)
payable on a monthly basis.
(#20110863-
COMMUNITY DEVELOPMENT)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Provides the Town with building permit plan review and inspections and, as needed,
review of development orders.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried with
Commissioner Bigelow absent.
3. CONSTRUCTION AND DESIGN
No requests received.
4. COUNTY COMMISSIONERS
No requests received.
5. COUNTY LANDS
No requests received.
6. HUMAN SERVICES
A)
ACTION REQUESTED/PURPOSE:
1) Approve submission of Lee County's HUD Fiscal Year 2011 Homeless Continuum of
Care, Supportive Housing Program, and Shelter Plus Care Program applications. 2)
Authorize the Board to sign
HUD declarations, certifications, and other forms
related to
the application.
(#20110829-
HUMAN SERVICES)
FUNDING SOURCE:
Fund: US Department of Housing and Urban Development (HUD).
Program: Shelter Plus Care and Supportive Housing Program.
Project: Various Lee County and Subrecipient Agency Projects providing assistance to
individuals and families who are homeless.
WHAT ACTION ACCOMPLISHES:
Allows Lee County to apply for funds to continue to assist people who are homeless.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried with
Commissioner Bigelow absent.
7 INDEPENDENT
A)
ACTION REQUESTED/PURPOSE:
Approve purchases of Maintenance, Repair and Operations (MRO) Products from Home
Depot, under Project No. N-110498 in accord with the rebate program offered by Home
Depot. The County will receive an annual rebate of 3% based on its overall purchases.
(#20110808-
PROCUREMENT MANAGEMENT)
FUNDING SOURCE:
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Various Departments. Purchases will be made based upon available budgeted funds for the
specific department. Any purchases above $100,000 will be formally presented to the
Board for approval.
WHAT ACTION ACCOMPLISHES:
Provides another option for Departments and Divisions to purchase MRO product on an
as-needed basis.
MANAGEMENT RECOMMENDATION:
Approve as stated.
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried with
Commissioner Bigelow absent.
8. NATURAL RESOURCES/SOLID WASTE
No requests received.
9. PARKS AND RECREATION
No requests received.
10. PUBLIC SAFETY
A)
ACTION REQUESTED/PURPOSE:
Approve the automatic renewal of
Contract No. 4624
and the new Service Agreement with
Motorola, Inc., for Maintenance and Support for Premier Computer Aided Dispatch (CAD)
and Premier Mobile Data Computer (MDC), in the amount of $218,788.00 for a period of
one (1) year, effective October 1, 2011 to September 30, 2012.
(#20110806-
PUBLIC
SAFETY)
FUNDING SOURCE:
Fund – General Fund; Program – Public Safety – Information Resources; Project –
Communication Maintenance.
WHAT ACTION ACCOMPLISHES:
Provides the Public Safety Division continued maintenance services and support for the
Premier CAD and Premier MDC System used by Emergency Communications Dispatch.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
Commissioner Mann expressed frustration with being locked into the Motorola Agreement and Public Safety
Director John Wilson explained that the dispatching system covered under this contract was currently under
consideration for replacement, with the sheriff and Department of Public safety looking at new options.
Commissioner Manning moved approval, second by Commissioner Hall, called and carried with Commissioner
Mann voting nay and Commissioner Bigelow absent.
B)
ACTION REQUESTED/PURPOSE:
Approve and authorize Chair to execute an
Agreement
with Fishers of Men Lutheran
Church (10300 Stringfellow Road, St. James City) for temporary use of their property for
emergency response, relief and recovery efforts. The term is for a period of five (5) years
with the option for the Parties to mutually renew same for an additional five (5) years.
(#
20110853-
PUBLIC SAFETY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Authorizes Lee County temporary use of Fishers of Men Lutheran Church property for
emergency relief and recovery efforts.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
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Commissioner Mann expressed appreciation to the Board to Fishers of Men Lutheran Church and other entities for
allowing use of portions of their facilities at no cost to the County during County emergency situations.
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried with
Commissioner Bigelow absent.
C)
ACTION REQUESTED/PURPOSE:
Approve, and authorize Chair to execute, an
Agreement
with Covenant Community
Ministries (940 Tarpon Street, Fort Myers) for temporary use of their property for
emergency response, relief and recovery efforts. The term is for a period of five (5) years
with the option for the Parties to mutually renew same for an additional five (5) years.
(
#20110854-
PUBLIC SAFETY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Authorizes Lee County temporary use of Covenant Community Ministries property for
emergency relief and recovery efforts.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried with
Commissioner Bigelow absent.
D)
ACTION REQUESTED/PURPOSE:
Approve
transfer
from Government Communications Network (GCN) Reserves in the
amount of $31,511. (
#20110856-
PUBLIC SAFETY)
FUNDING SOURCE:
Government Communications Network (GCN) Reserves.
WHAT ACTION ACCOMPLISHES:
Provides budget for the upgrade of the EOC tower.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried with
Commissioner Bigelow absent.
11. PUBLIC WORKS ADMINISTRATION
No requests received.
12. TRANSPORTATION
No requests received.
13. UTILITIES
No requests received.
14. COUNTY ATTORNEY
A)
ACTION REQUESTED/PURPOSE:
Direct the proposed amendments to the Land Development Code to two public hearing as
follows:
First Public Hearing: December 13, 2011 at 5:00 P.M.
Second Public Hearing: January 10, 2012 at 9:30 A.M.
(
#20110860-
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.
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried with
Commissioner Bigelow absent.
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B)
ACTION REQUESTED/PURPOSE:
Direct the Lee County Secondary Metals Recyclers Ordinance to public hearing on
November 8, 2011 at 9:30 a.m. in the Board Chambers at Old Lee County Courthouse,
2120 Main Street, Fort Myers.
(
#20110868-
COUNTY ATTORNEY)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Establishes a public hearing date for the adoption of a new county-wide ordinance
regulating the transactions involving the sale and purchase of metal products to metal
recycling entities.
MANAGEMENT RECOMMENDATION:
Set public hearing for Tuesday, November 8, 2011.
Commissioner Manning moved approval, seconded by Commissioner Judah, 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 (see background
information).
(#20110873-
FINANCE)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
To provide interim reporting on selected funds, revenues, and expenditures of the Lee
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
value of the investments managed by the Clerk’s Office. To include the Lee County
Ordinance 02-28 activity for the Driver’s Education Safety Trust Fund, and Chapter
318.18(13)(a), Florida Statues and Lee County Ordinance 04-09 activity for the State
Court Facilities Funds Collected.
MANAGEMENT RECOMMENDATION:
The purpose of this report is to convey to you the financial status of selected significant
funds of the Lee County Board of County Commissioners, the status of specific revenues
and expenditures as of the stated dates, and the market value of investments managed by
the Clerk’s Office on behalf of the Board
PULLED FOR DISCUSSION
Commissioner Hall commented on the interim report from the Clerk on selected financial activities, noted
significant cuts made during the budget process, and expressed thanks to the Administrative Staff and the Clerk’s
office for sound investment strategies made during the ongoing economic downturn, keeping the County on a
good financial course.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Bigelow absent.
B)
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.
(#20110874-
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:
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Compliance with the requirements of FS 136.06 (1)
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried with
Commissioner Bigelow absent.
C)
ACTION REQUESTED/PURPOSE:
Approve the Minutes for the following meetings of the Board of County Commissioners
held during the week of October 10 through October 14, 2011.
October 11, 2011 (Regular)
(
#20110875-
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 with
Commissioner Bigelow absent.
D)
ACTION REQUESTED/PURPOSE:
Approve disbursement of excess funds resulting from the sale of tax deed certificates to a
claimant verified and certified under Florida Statutes 197.582.
Tax Deed
Number
2009-000463
2009-005992
2010-001194
2010-001194
2010-002337
Payee
Home Servicing LLC
Linda Gail Pierce
Jose Escobar
Yeny Mejia
Phillip E. Goodson, Jr.
Amount
$ 4,758.17
$ 103.22
$ 174.33
$ 174.32
$ 133.57
(
#20110876-
DELINQUENT TAX)
FUNDING SOURCE:
Proceeds from a tax deed sale in excess of the taxes and/or liens owed are being held by
the Board for disbursements in accord with Florida Statutes, Chapter 197.
WHAT ACTION ACCOMPLISHES:
Provides for disbursement of excess tax deed proceeds to an appropriate claimant in
compliance with statutory rules and requirements.
MANAGEMENT RECOMMENDATION:
Approve disbursement to identified claimant.
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried with
Commissioner Bigelow absent.
E) ACTION REQUESTED/PURPOSE:
Approve disbursement of excess funds resulting from the sale of tax deed certificates to a
claimant verified and certified under Florida Statutes 197.582.
Tax Deed
Number
Payee
Amount
2007-000264
Michael Botkin c/o Clark Law Firm
$12,109.03
2010-000518
Wells Fargo Bank, NA
$51,751.53
c/o Marsa S. Beck
Taylor, Day, Currie, Boyd & Johnson
(
#20110877-
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:
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Provides for disbursement of excess tax deed proceeds to an appropriate claimant in
compliance with statutory rules and requirements.
MANAGEMENT RECOMMENDATION:
Approve disbursement to identified claimant.
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried with
Commissioner Bigelow absent.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
No requests received.
Following a short break, the Chairman called the meeting back to order with all Commissioners present with the
exception of Commissioner Bigelow who absent from the entire meeting.
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.
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13. UTILITIES
No requests received.
14. COUNTY ATTORNEY
A)
ACTION REQUESTED/PURPOSE:
Determine appropriate course of action on the request of the Town of Fort Myers Beach
for oversight review under FS §189.428 concerning the Fort Myers Beach Public Library
District; direct County staff to act in accordance with the Board's decision.
(#20110869-
COUNTY ATTORNEY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Provides a response to the Town of Fort Myers Beach's request for oversight review.
Following comments by Commissioner Judah, County Attorney Michael Hunt opined that in accordance with
rulings of the Joint Legislative Committee, the oversight review does not fall within the Board’s purview.
Chairman Mann added that the Board is amenable to acting as a catalyst, but could not render a decision or be
involved in any decision made on this particular issue. Commissioner Judah moved to table the item, seconded by
Commissioner Manning, called and carried with Commissioner Bigelow absent. .
15. HEARING EXAMINER
No requests received.
CONSTITUTIONAL OFFICERS
16.
No requests received.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
No requests received.
9:30 AGENDA ITEM – Public Hearing No. 1:
ACTION REQUESTED/PURPOSE:
Consider the recommendations of Special Magistrate Simon M. Harrison, issued in
response to the Request for relief filed on behalf of the Petitioner, Thirty-One, LLC,
with regard to the rezoning of Thirty-One, LLC, in reference to Caloosa Palms Mixed
Planned Developments. (
#20110835-
COUNTY ATTORNEY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Allows the Board to accept, reject or modify the recommendation of the Special
Magistrate. In the event the Board rejects the recommendation, Petitioner can move
forward to pursue judicial relief of the zoning denial.
Assistant County Attorney John Fredyma approved as to legal form and sufficiency the
Affidavit of Publication
for this item and entered it into the record. He reviewed the item, the recommendation of the Special Magistrate
Proceeding and Summary, and the request of the Petitioner. Attorney Matt Uhle, representing the Petitioner,
updated the Board on the recommendations of the Special Magistrate and stated amended proposals of the
Petitioner: a continuing care facility consisting of assisted living facility and independent living facility uses, and
to remove from the proposal all commercial ancillary uses of the proposed marina, other than the boat slip
rentals. The Chairman called for public input and the following citizens came forward:
Ed Kimball
representing the Caloosahatchee Shores Planning Committee
Rosalie Prestari
Janet Tripp
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Zoning Director Pam Houck responded to Commissioner Judah’s question regarding density increase, stating there
would be no increase. Assistant County Attorney Susan Henderson, representing the Board in the ongoing
litigation, stated such litigation would not impact on the pending comprehensive plan amendment. Commissioner
Manning moved to accept the Special Magistrate’s recommendation, the motion failed due to lack of a second.
Attorney Uhle re-stated the amended proposal. Commissioner Manning moved for concurrence with the
recommendations of the Special Magistrate and staff with the amendment by the petitioner, seconded by
Commissioner Mann, called and carried with Commissioner Bigelow absent.
RESOLUTION No. Z-10-014A
9:30 AGENDA ITEM – Public Hearing No. 2:
ACTION REQUESTED/PURPOSE:
Conduct a Public Hearing and consider the adoption of amendments to Ordinance 11-
03, relating to “Garbage, Recycling and Solid Waste Collection and Disposal for Lee
County”. (
#20110861-
SOLID WASTE).
FUNDING SOURCE:
Amendments will have an adverse impact to the Solid Waste
Enterprise Fund. Additional costs for services to specified properties will be paid by
business and multifamily properties.
WHAT ACTION ACCOMPLISHES:
If ordinance is adopted, an extended grand-fathering period will be established to
allow certain private companies to collect recoverable materials from specified
mobile home and recreational vehicle parks. Additionally, specified properties will
receive certain collection services at no additional fees.
MANAGEMENT RECOMMENDATION:
Management endorses the existing ordinance.
Assistant County Attorney Andrea Fraser approved, as to legal form and sufficiency, the
Affidavit of Publication
for this item, and briefly described the request. Applicant Marilyn Miller requested a deferral to allow for a full
board. The Chairman called for public input and the following citizens came forward:
Barbara J. Oliveira
Association Manager of Tamiami Village
Larry Murphy
Ian Stewart,
representing the Indian Creek Scholarship Fund
David Danielson
Following the conclusion that this issue needed to be reviewed by the full Board, Commissioner Manning moved
approval to defer to a date certain of November 15
th
and to re-advertise, seconded by Commissioner Judah for
discussion, the motion was called and carried with Commissioner Bigelow absent.
9:30 AGENDA ITEM – Public Hearing No. 3
ACTION REQUESTED/PURPOSE:
Consider granting of a revision to the current Bonita Springs Fire Control and Rescue
District Certificate of Public convenience and Necessity (COPCN) that would allow
them to provide advance life support (ALS) transport service in addition to their
current ALS non-transport service (
#20110867-
PUBLIC SAFETY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES
:
Grants the applicant license to provide ALS transport service in accordance with State
Law and provisions contained in Lee County Ordinance No. 08-16.
MANAGEMENT RECOMMENDATION:
Management recommends not granting the revised certificate for reasons listed in the
attached documentation.
Assistant County Attorney Andrea Fraser approved, as to legal form and sufficiency, the
Affidavit of Publication
for this item, and briefly described the request. The Chairman called for public input and the following citizens
came forward:
In Favor of:
Nicholas Araica
Deputy Chief Joe Daigle
Ed Fitzgerald
Fred Forbes
Chief Phil Kinsey
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Commissioner Steve Lohan
Joe Mazurkiewicz
Dr. Alex Rodi
representing the Bonita Fire District
Mayor Ben Nelson
Christine Ross
representing the Bonita Springs Chamber of Commerce
Fort Myers resident
George Wheaton
Against:
Buckingham resident
Gordon Brandt
Lehigh Acres resident
Kevin Geren
Dr. Dean Goldberg
representing Lee Memorial Health System
Sonny Haas
Jonathan Henderson,
representing Lee County EMS
Dr. Charles Krivenko,
representing Lee Memorial Health System
Estero resident
Larry Newell
Fort Myers resident
Scott Standley
Fort Myers resident
Curt Vokoun
Philip Petit
Ken Skaggs
Subsequent to further comments by Lee County EMS Chief Kim Dickerson and Public Safety Director John
Wilson, the Commissioners concurred that the statistics presented by both sides differed significantly; that they
have concerns over the impact that granting the requested revision could have on the current EMS Business Model
for services provided within the entire County, and that the patient needing the most expedient transport available
is primary. Responding to questions regarding retainer of a Special Magistrate to hear the presentation of both
sides, to include all of the present parties and the general public, Deputy County Attorney Andrea Fraser specified
that the Ordinance calls for a public hearing and that hiring a Special Magistrate for the stated purpose would
result in both sides presenting accurate data via a public forum, followed by the Board receiving a report of the
findings and recommendations of the Special Magistrate, and concluding with an additional public hearing for the
Board to render its final decision. Ms. Fraser stated that the cost would be the responsibility of the County and her
office will provide the County Administrator with a cost estimate. Commissioners Hall and Manning left the
Chambers briefly during discussion on this item. Commissioner Judah moved to move forward as indicated,
seconded by Commissioner Manning, called and carried with Commissioner Bigelow absent.
WALK-ON ITEM NO. 1
ACTION REQUESTED/PURPOSE:
Approve a County Resolution initiating the Florida Government Conflict Resolution
Act required by Florida Statutes, Chapter 164, and appropriate legal action against the
City of Cape Coral for failing to comply with the terms and conditions of the Second
Amended Consent Order No. 03-2345-DF relating to the Ceitus Boatlift.
(#20110891-
COUNTY ATTORNEY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Prior to initiating any legal action, Lee County must comply with the requirements of
the Florida Governmental Conflict Resolution Act, Chapter 164, Florida Statutes. If
the parties cannot resolve the conflict pursuant to the Act, the County Attorney’s
Office will need to proceed with appropriate legal action for compliance with the
terms and conditions of the Consent Order.
MANAGEMENT RECOMMENDATION:
Approve Resolution in order to comply with the requirements of Chapter 164, Florida
Statutes.
REASON FOR WALK ON:
In order to make litigation deadlines we are requesting Blue Sheet No. 20110891 be
heard as “Walk On” for October 25, 2011.
Commissioner Manning moved for adoption, seconded by Commissioner Hall, called and carried
with Commissioner Bigelow absent.
RESOLUTION NO.11-10-21
WALK-ON ITEM NO. 2
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ACTION REQUESTED/PURPOSE:
To establish Employer and Retiree premium contributions for the United Health Care
Medicare Advantage Plan approved by the Board on October 18, 2011. (
#20110888-
HUMAN RESOURCES)
FUNDING SOURCE:
Employee / Employer Health Plan Fund.
WHAT ACTION ACCOMPLISHES:
Sets the contribution rates for the new fully-insured plan for all Medicare eligible
retirees.
MANAGEMENT RECOMMENDATION:
Approve.
REASON FOR WALK ON:
Necessary in order to have a firm decision to announce to retirees during annual Open
Enrollment, which is scheduled to take place 11-2 thru 12-7-2011.
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried with Commissioner
Bigelow absent.
WALK-ON ITEM NO. 3
3. ACTION REQUESTED/PURPOSE:
Approve the following purchases to allow Parks & Recreation to purchase the
equipment necessary to maintain the fields at the new JetBlue Park and provide
equipment maintenance for all Toro equipment currently owned by Parks &
Recreation(
#20110897)
:
(A)
$382,087.67 for Negotiation N-120022, Toro Equipment for Parks and Recreation
to be obtained from WescoTurf to maintain the fields at the new JetBlue Park.
(B)
$33,581.48 combined total for three Turfco Mete-R-Matic top dressers from Golf
Ventures, two model # XL and one model #IV off Florida State Contract #760-000-10-
1.
(C)
$12,500 based upon the open market pricing for the procurement of one used
Komatsu fork lift from W.E. Johnson (local vendor).
(D)
$16,468.75 for a new 2009 Redexim Veri-Drain Aerator from Golf Ventures,
which includes the addition of two extra sets of coring tines and one extra set of solid
tines.
(E)
$64,000.00 (not-to-exceed this amount) for eight EZ-GO utility vehicles. (Vendor
to be determined through an informal quote process)
(F)
$75,258.82 for two New Holland tractors model #T4020 from the Florida Sheriff's
Contract #11-19-0907.
(G)
$34,717.25 for one Wacker roller model # RD27-120 from All Star Equipment
(local vendor).
(H)
$123,135 for the negotiated Service and Maintenance agreements for the newly
acquired equipment and for the balance of Toro equipment utilized by Parks and
Recreation for the maintenance of ball fields.
Approve a
budget transfer
from vehicle replacement reserves in the amount of
$618,613.97 for the purchase of the equipment (Items A-G).
Total Expenditure for the Equipment and the Service Agreement $741,748.97.
FUNDING SOURCE:
Fleet Vehicle Replacement Fund (Equipment).
Parks & Recreation General Fund Professional and Amateur Sports (Service and
Maintenance Agreement).
Funding for the maintenance and protection service
agreements for the Toro product will come from the general operating expenses of
Parks & Recreation
WHAT ACTION ACCOMPLISHES:
Allows Parks &
Recreation to obtain equipment to maintain the fields at the JetBlue Park and to provide
adequate equipment maintenance for all Toro equipment currently owned by Parks &
Recreation.\
RECOMMENDATION:
Approve.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, CHAIRMAN MANN ANNOUNCED
THAT: WALK-ON ITEM NO. 3 SHOULD INCLUDE THE FOLLOWING language in the FUNDING
SOURCE: Funding the maintenance and protection service agreements for the Toro Product will come from the
general operating expense of Parks & Recreation.
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Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried with Commissioner
Mann voting nay and with Commissioner Bigelow absent.
COMMISSIONER ITEMS
R&R FOR U.S. TROOPS- Commissioner Hall expressed gratitude to all participants helping to
plan for 4 days of R&R for combat wounded active duty soldiers and their families from Fort Benning, GA,
including the Fort Myers Beach American Legion, Fort Myers Beach VFW and Lee County Office of Veterans
Affairs for working with area businesses to help make this happen. She expressed special thanks to the Pink Shell
Resort, Fort Myers Beach for its generous donation made on behalf of the soldiers.
UPDATE- Commissioner Manning noted the movement by the Florida Association of Counties to
challenge recent Legislation on the pre-emption of local governments from Legislation regarding gun laws.
GASPARILLA BRIDGE AUTHORITY REQUEST - Commissioner Manning requested a
bluesheet for a request by the Gasparilla Bridge Authority for assistance from Lee County on a short-term loan,
backed by the Florida Association of Counties, for planned improvements. Assistant County Manager Pete Winton
advised that staff would bring the item to the Board on a Bluesheet for action at the November 15, 2011 Board
meeting.
CONGRATULATIONS-Commissioner Judah extended congratulations to Lee-Tran for recently
receiving a $13,900,000.00 grant from the Federal Transit Administration toward the purchase of 24 new hybrid
buses.
COMMITTEE APPOINTMENTS
Commissioner Manning moved to appoint Frank Reynolds to the
CONSTRUCTION
LICENSING COMMITTEE,
Jarrett Eady to the
BLACK AFFAIRS COMMITTEE,
(RESOLUTION NO. 11-
10-14),Mildred Marie Schindler to the
HUMAN SERVICES COMMITTEE a
nd for the reappointment of
Carmen Rey-Gomez to the
HISPANIC AFFAIRS COMMITTEE
(
RESOLUTION NO. 11-10-15)
, seconded by
Commissioner Hall, called and carried with Commissioner Bigelow absent.
Commissioner Mann requested a motion for the reappointment of Mariah Wise to the
HUMAN
SERVICES COUNCIL.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and
carried with Commissioner Bigelow absent.
Commissioner Judah moved for the reappointment of Toni Ferrell to the
HISTORIC
PRESERVATION COMMITTEE,
Steven P. Kushner of Becker & Poliakoff, to the
EXECUTIVE
REGULATORY OVERSIGHT COMMITTEE,
Roger Strelow to the
LOCAL PLANNING COMMITTEE,
and to rescind the appointment of Stephanie Kolenut, seconded by Commissioner Manning, called and carried
with Commissioner Bigelow absent...
COUNTY MANAGER ITEMS
Referring to the proposal from National Swimming Center Corp. for use of the City of Palms Park
as a swim center complex, Assistant County Manager Pete Winton discussed hiring a third party with expertise in
this area of business to review the Business Plan submitted by the Swim Center, and indicated the cost for the third
party review would be paid from County Reserves.
COUNTY ATTORNEY ITEMS
County Attorney Michael D. Hunt had no items for discussion.
Public Presentation of Matters by Citizens:
Fort Myers resident
Jeff Keller
expressed concern regarding ordinances preventing him from
selling fresh produce on county roadsides. Chairman Mann referred Mr. Keller to County Manager Karen Hawes
for assistance with his concern.
The Chairman adjourned the meeting at 2:01 P.M.
ATTEST:
CHARLIE GREEN, CLERK
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__________________________________
Deputy Clerk
______________________________________
Chairman, Lee County Commission
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