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The
Regular Meeting
of the
Board of
Lee County Commissioners
was held on this date with the
following Commissioners present:
John E. Manning, Vice Chairman
COMMISSIONERS JUDAH AND HALL WERE ABSENT FOR THE ENTIRE MEETING
DUE TO OUT OF
COUNTY COMMITMENTS
The Chairman called the meeting to order at 9:31 a.m., and gave a special welcome to
Dr. Margaret
Banyan and her government students from
Florida Gulf Coast University who would be observing the proceedings
today. The Invocation was then given by
Pastor Jorge Acevedo of Grace United Methodist Church of
Cape Coral,
followed by the Pledge of Allegiance.
Commissioner Mann read and presented a Ceremonial Resolution proclaiming the week of May 15-21,
2011 as Emergency Medical Services Week in
Lee County with the theme, EMS: Everyday Heroes; and encouraging
the community to observe this week with appropriate programs, ceremonies and activities. EMS Chief Kim
Dickerson, Deputy Chief
Scott Tuttle and additional Public Safety and EMS staff accepted the Resolution; and
thanked the Board and their many partnerships throughout
Lee County for their valuable support. (
#20110379-
Commissioner Mann)
Commissioner Manning read and presented a Ceremonial Resolution declaring May 2011 to be Bike
Month, with the week of May 16-20, 2011 as Bike-to-Work Week, and with Friday, May 20, 2011 as Bike-to-Work
Day in
Lee County. BPAC Chairman
Bert Hamilton, accompanied by additional BikeWalkLee representatives,
accepted the Resolution and thanked the County for Complete Streets and the many support initiatives provided.
(
#20110380-
Commissioner Judah)
Commissioner Bigelow read and presented a Ceremonial Resolution congratulating Alaysha Fisher on
being crowned
Miss Florida Plus America 2011, to represent Florida State in Nationals for the overall title of Miss
Plus America Elite 2011.
Ms. Fisher accepted the Resolution and graciously thanked the Board.
(
#20110381-
Commissioner Mann)
The Chairman
announced
that there were no changes or additions to the Agenda.
9:30 A.M. AGENDA ITEM
- Public Comment on Agenda Items
Consent (C) and Administrative (A)
The Chairman called for public comment; however, no one came forward
The following are Consent Agenda items that each Board member wished to have discussed:
Commissioner Bigelow – 7A
Commissioner Manning - none
Commissioner Mann – 7A
A)
ACTION REQUESTED/PURPOSE:
Take the following actions with regards to SHIP (State Housing Initiatives Partnership)
contracts:
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1) Extend the following contracts from May 31, 2011 to August 30, 2011:
a) C-5591 with Partnership-In-Housing, Inc.; b) C-5455 with Goodwill (Southwest FL
GWI Housing VIII, Inc.), and c) C-4736 with
Lee County Housing Development Corp.
2) Amend Contract C-4670 with the
Lee County Housing Development Corp.(LCHDC) to
reduce it by $54,167.13 (reduce from $256,023.82 to $201,856.69), and change the
contract scope from foreclosure prevention assistance for at least 41 households to at least
35 households.
3) Execute a grant award agreement for
$16,000.00 with the LCHDC
for foreclosure
prevention assistance for at least two households with a maximum per unit award of
$8,000.00 by December 30, 2011.
4) Execute a grant award agreement for $95,000.00 with
Habitat for Humanity
for the
acquisition, rehabilitation and resale of at least three single- family houses for one very low
income household and two low income households by September 30, 2011.
(
#20110368-
COMMUNITY DEVELOPMENT)
FUNDING SOURCE:
SHIP Local Housing Assistance Funds.
WHAT ACTION ACCOMPLISHES:
Allows adaptation to current housing market conditions and allows the county to enter into
grant award agreements for the expenditure of SHIP funds.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Bigelow, called and carried, with
Commissioners Judah and Hall absent.
3. CONSTRUCTION AND DESIGN
A)
ACTION REQUESTED/PURPOSE:
Approve
Budget Transfer
in the amount of $90,000.00 from the Capital Improvement
Florida Boating Improvement Program Reserves to the Bokeelia Boat Ramp Project (nka
Lavender's Landing) and amend the FY 10/11 budget accordingly.
(
#20110365-
CONSTRUCTION AND DESIGN)
FUNDING SOURCE:
Fund – Capital Improvement Florida Boating Improvement program, Program – Major
Maintenance Project; Project – Bokeelia Boat Ramp, Now Known as Lavender's Landing.
WHAT ACTION ACCOMPLISHES:
Provides budget to repair damage to the boat ramp at Lavender's Landing.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Bigelow, called and carried, with
Commissioners Judah and Hall absent.
A)
ACTION REQUESTED/PURPOSE:
Accept donation of Grant of
Slope Easement Agreement
(±6,026 square feet) from Wildcat
Run Community Association, Inc., for the Corkscrew Road Safety Improvements Project
No. 4723; and authorize payment of costs to close and the Division of County Lands to
handle all documentation necessary to complete transaction.
(
#20110334-
COUNTY LANDS)
FUNDING SOURCE:
Fund: MSBU SA – Corkscrew Road; Program: Capital Project; Project: Corkscrew Wide
BHG Habitat.
WHAT ACTION ACCOMPLISHES:
Acquisition of a perpetual easement for the construction of slope improvements along
Corkscrew Road.
MANAGEMENT RECOMMENDATION:
Approve.
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Commissioner Manning moved approval, seconded by Commissioner Bigelow, called and carried, with
Commissioners Judah and Hall absent.
A)
ACTION REQUESTED/PURPOSE:
1) Approve award of Formal Quotation No. Q-110171 Annual Purchase of Ford
Automobiles, Sport Utility Vehicles, Passenger &
Light Duty Vans, Light & Medium Duty
Trucks, and Cab & Chassis for the Division of Fleet Management, to
Sam Galloway Ford
the sole quoter (a local vendor) offering the best discount off the "Dealer Selling Price"
Column of the Karpower on Line new car
Kelly Blue Book pricing software.
2) Approve the use of Option "A" for the installation of Dealer Installed Options.
3) Initial term of this quote is one year; also, request authority to renew this quote for four
additional one-year periods, at the same terms and conditions, if in the best interest of
Lee
County. While vehicle purchases have declined in the recent past, the county over the last
five years has averaged approximately $1, 248,120.00 annually for the purchase of
vehicles. Funding will be available from the individual department or division's budget
responsible for monitoring their individual expenditures.
(
#20110342-
FLEET MANAGEMENT)
FUNDING SOURCE:
Funds for this contract will be available from various different department/division
accounts as vehicle needs arise.
WHAT ACTION ACCOMPLISHES:
This purchase will allow Fleet Management to provide various departments with reliable
vehicles with which to perform a variety of County work functions. Fleet Management
will be able to replace aging units, which are fully depreciated and increasingly unreliable,
with new units capable of meeting the arduous demands of the various County
departments/divisions.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
Following response by EMS Chief
Kim Dickerson to a question by Commissioner Bigelow on the ambulance unit
replacements, and expressed thanks by Commissioner Mann for an informational email from Fleet Manager Marilyn
Rawlings, Commissioner Bigelow moved approval, seconded by Commissioner Manning. The motion was called and
carried with Commissioners Judah and Hall absent.
8. NATURAL RESOURCES/ SOLID WASTE
A)
ACTION REQUESTED/PURPOSE:
Approve and authorize Chair to execute:
1) resolution requesting funding from West Coast Inland Navigation District (WCIND);
2) agreement between the
WCIND
3) agreement between
Lee County and the
to administer the grant; and
4) Budget Amendment Resolution in the amount of $15,000.00 to fund purchase of
replacement fire pump engine for 27-foot Boston Whaler fireboat, Project 403014,
WCIND,
Cape Coral Fire Department Safety Rescue.
(
#20110364-
NATURAL RESOURCES)
FUNDING SOURCE:
Fund – General Revenue
Fund (WCIND Reimbursed); Program – Marine Sciences Major
Maintenance Projects; Project – WCIND,
Cape Coral Fire Department Safety Rescue.
WHAT ACTION ACCOMPLISHES:
Requests funding from WCIND. Approves funding source from WCIND. Approves
agreement between the West Coast Inland Navigation District and
Lee County. Approves
subgrant agreement for grant management between
Lee County and
City of Cape Coral.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Bigelow, called and carried, with
Commissioners Judah and Hall absent.
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RESOLUTION NOS.
11-05-04
and
11-05-05
11. PUBLIC WORKS ADMINISTRATION
A)
ACTION REQUESTED/PURPOSE:
Developer Contributed Asset: Approve construction of a water main and force main
extension including one lift station, to provide potable water service, fire protection, and
sanitary sewer service to the proposed Edison
State College Student Housing - Phase 1.
This asset project is located at the southwest corner of College Parkway and Summerlin
Road. (
#20110345-
UTILITIES)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Provides adequate utility infrastructure to support development of the subject property, and
complies with the
Lee County Utilities Design Manual.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Bigelow, called and carried, with
Commissioners Judah and Hall absent.
B)
ACTION REQUESTED/PURPOSE:
Developer Contributed Asset: Approve construction of water main and force main
extensions serving
Paul J. Doherty Water and
Force Main Improvements, to provide the
backbone utility infrastructure for proposed future development along these roadway
corridors. This is a
Lee County Port Authority project and is located along
Paul J. Doherty
Parkway from Daniels Parkway to Chamberlin Parkway. (
#20110349-
UTILITIES)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Provides adequate utility infrastructure to support development of the subject property and
complies with the
Lee County Utilities Design Manual.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Bigelow, called and carried, with
Commissioners Judah and Hall absent.
C)
ACTION REQUESTED/PURPOSE:
Concur with the below listed ranking by the Competitive Negotiations Committee for CN-
11-03 FGCU Off-Site Utility Improvements; and authorize negotiations with the number
one ranked firm.
1) Greeley and Hansen;
2)
Avalon Engineering, Inc.,
3)
AIM Engineering &
Surveying Inc.
4) Weston and Sampson (all local Consultants)
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(#20110288-
UTILITIES)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Consultant will provide the design, permitting, and construction observation services for
the project known as
Florida Gulf Coast University Off-Site Utility Improvements for
Lee
County.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Bigelow, called and carried, with
Commissioners Judah and Hall absent.
16. CONSTITUTIONAL OFFICERS
A)
ACTION REQUESTED/PURPOSE:
Approve expenditures in the amount of $321,721.00 by the
Lee County Sheriff's Office for
FY 10/11 from revenues collected from various fees, services, etc., that were collected by
the Sheriff's Office during the period of 1/6/11 through 4/15/11. Also, approve transfers
within budget line items within the Sheriff's Office allocation.
(#20110346-
SHERIFF)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Board approval is needed to expend funds collected.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Bigelow, called and carried, with
Commissioners Judah and Hall absent.
B)
ACTION REQUESTED/PURPOSE:
Approve Sheriff's expenditure and
transfer
from reserves in the Law Enforcement Trust
Fund #10500 for $100,000.00 for prevention and education programs.
(
#20110351-
SHERIFF)
FUNDING SOURCE:
Law Enforcement Trust
Fund.
WHAT ACTION ACCOMPLISHES:
Allow funds to be expended in the current fiscal year.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Bigelow, called and carried, with
Commissioners Judah and Hall absent.
C)
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.
(
#20110373-
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).
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Commissioner Manning moved approval, seconded by Commissioner Bigelow, called and carried, with
Commissioners Judah and Hall absent.
D)
ACTION REQUESTED/PURPOSE:
Approve Minutes for the following meeting of the Board of County Commissioners held
during the week of May 2 through May 6, 2011:
(
#20110374-
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 Bigelow, called and carried, with
Commissioners Judah and Hall absent.
E)
ACTION REQUESTED/PURPOSE:
Approve disbursement of excess funds resulting from the sale of tax deed certificates to the
following claimants verified and certified under Florida Statutes 197.582.
Tax Deed
Number
Payee
Amount
2010000622
Pasquale Romano
$8,982.93
$8,982.93
2010000958 Cynthia Riegle
$29,051.69
Meadows Edge Condominium Association, Inc.
c/o Becker & Poliakoff
$1,857.50
(
#20110375-
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 disbursement in accord with Florida Statutes, Chapter 197.
WHAT ACTION ACCOMPLISHES:
Provides for disbursement of excess tax deed proceeds to an appropriate claimant in
compliance with statutory rules and requirements.
MANAGEMENT RECOMMENDATION:
Approve disbursement to identified claimants.
Commissioner Manning moved approval, seconded by Commissioner Bigelow, called and carried, with
Commissioners Judah and Hall absent.
F)
ACTION REQUESTED/PURPOSE:
Present to the Board of County Commissioners the Independent Auditors' Management
Letter
for the fiscal year ended September 30, 2010. (
#20110376-
FINANCE)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Compliance with Chapter 10.550, “Rules of the Auditor General- Local Governmental
Entity Audits”, and Section 218.39(1), Florida Statutes.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Bigelow, called and carried, with
Commissioners Judah and Hall absent.
G)
ACTION REQUESTED/PURPOSE:
Accept the annual
Lee County Financial Assistance Report, aka
Single Audit Report.
(
#20110377-
FINANCE)
FUNDING SOURCE:
N/A
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WHAT ACTION ACCOMPLISHES:
Provides public notice of the availability of the
Lee County Financial Assistance Report to
the citizens of
Lee County.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Bigelow, called and carried, with
Commissioners Judah and Hall absent.
H)
ACTION REQUESTED/PURPOSE:
Presentation
of the Independent Auditors' Statement of Auditing Standards No. 114, The
Auditor's Communication With Those Charges With Governance (SAS 114)
communication. (
#20110378-
FINANCE)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Provides communication to the Board of County Commissioners pursuant to SAS 114.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Bigelow, called and carried, with
Commissioners Judah and Hall absent.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
THERE WERE NO ITEMS SUBMITTED FOR THE ADMINISTRATIVE AGENDA.
9:30 A.M. AGENDA ITEM –
Public Hearing
1. ACTION REQUESTED/PURPOSE:
Conduct a Public Hearing to adopt a Resolution for Petition No. VAC2011-00001, submitted by
David C. Owens on behalf of the owners, Rosele Castor and
Edna Saint Felix to vacate 12 and 6
foot wide portions of Public Utility Easements on lots 3, 4 and 5, Block 20, Unit 4, Lehigh Acres,
as recorded in Plat Book 18 at Page 57 of the Public Records of
Lee County,
Florida. The site is
located at 709 Troy Avenue South, Lehigh Acres,
Florida, and its strap number is 21-45-27-04-
00020.0040. (
#20110199-
COMMUNITY DEVELOPMENT)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Extinguishes portions of utility easements to remove title encumbrances for an in-ground pool and
pool enclosure which was properly permitted in 1998 but through an apparent contractor error was
constructed approximately 3.75 feet into the easement. The vacation of these easements will not
alter existing drainage and utility conditions, and the easements are not necessary to accommodate
any future drainage and utility requirements.
MANAGEMENT RECOMMENDATION:
Approve.
Assistant County Attorney John Fredyma approved, as to legal form and sufficiency, the
Affidavit of Publication
for
this item and briefly described the request. Commissioner Manning moved approval, seconded by Commissioner
Bigelow. The Chairman called for public comment; however, no one came forward. The motion was called and
carried, with Commissioners Judah and Hall absent.
RESOLUTION NO. 11-05-06
CEITUS BOAT LIFT – Commissioner Manning addressed the recent denial by Florida Department of
Environment Protection (FDEP) of the permit application to reconstruct the Ceitus Boat Lift necessitating the City of
Cape Coral to provide an alternative design. He advised of discussions with
Cape Coral Council Member Brandt, and
requested direction to staff to schedule an Administrative Hearing with the
City of Cape Coral. County Attorney
Michael Hunt opined that this would be an appropriate action to take at this time, and advised that he received an
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email from Commissioner Hall in support of this action. Attorney Hunt recommended that a Blue Sheet to approve a
hearing be brought forward at the May 24th meeting, if that is the direction of the Board. Chairman Mann mentioned
that Commissioner Judah also expressed support for an Administrative Hearing at a previous Zoning meeting, and
following further brief discussion with the County Attorney on potential options to expedite the process, there was
consensus to move forward at this time with a Blue Sheet.
FPL RIGHT OF ENTRY – In response to the question by Commissioner Manning,
Assistant County
Manager
Pete Winton indicated the matter would be on the May 24 Board Agenda.
BONITA SPRINGS YMCA FACILITY – Commissioner Mann referenced a letter sent to the YMCA
putting them on notice that
Lee County has interests to protect in their facility site slated to close on May 31.
Chairman Mann requested a motion to appoint
Robert B. Fowler, Sr. to the
CONSERVATION 20/20
ADVISORY COMMITTEE.
Commissioner Manning moved approval, seconded by Commissioner Bigelow, called
and carried with Commissioners Judah and Hall absent.
County Manager
Karen B. Hawes had no items for discussion.
County Attorney
Michael D. Hunt had no items for discussion.
The Chairman adjourned the meeting at 10:12 a.m.
__________________________
_______________________________________
Chairman,
Lee County Commission
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