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A
Workshop Meeting
of the
Board of
Lee County Commissioners
sitting as the Board Management
and Planning Committee was held this date with the following Commissioners present:
John Manning, Vice-Chairman
The Chairman called the meeting to order at 1:31 p.m.
1.
DISCUSS ORDINANCE ESTABLISHING A MORATORIUM ON LICENSING NEW PAIN CLINICS
To approve for further review and public hearing a proposed
Lee County ordinance establishing
a moratorium on the issuance of business tax receipts for the operation of pain clinics and pain
management clinics.
1. Approve the proposed ordinance for further review and public hearing.
2. Recommend changes to the ordinance.
3. Do not approve the proposed ordinance for further review and public hearing.
Recommend scheduling proposed ordinance for public hearing.
Sheriff Special Investigator Captain Matt LeClair, with the use of an overhead projector, addressed the Board on the
Crime and Prescription Drugs in
Lee County,
Florida,
(copy on file in the Minutes Office), highlighting the
documented fatal consequences of the nation’s prescription-drug epidemic. In conclusion,
Captain LeClair noted the
need for a moratorium on the licensing of pain clinics and the development of strategies and legislation. Board
discussion ensued with input from
Mr. LeClair,
Interim County Attorney
Andrea Fraser,
Chief Assistant County Land
Use Attorney
Donna Marie Collins, and
Assistant County Attorney Scott Coovert. During the conversation, at the
request of Commissioner Judah, Attorney Fraser agreed to follow-up on the question of local government monitoring
and the possibility of case law or statutes that could be imposed to be brought back to the Board at tomorrow’s
meeting. Following further discussion, Attorney Coovert indicated a draft ordinance would be brought back to the
Board in a few weeks for Ordinance approval and then in one year attempt to draft further regulations.
2.
UPDATE ON-SITE TREATMENT AND
DISPOSAL SYSTEMS/
SEPTIC SYSTEMS LEGISLATION
AND ALTERNATIVES
Update the Board and respond to inquiries from the March Management and Planning
Committee meeting regarding recent efforts to establish a state-wide septic system inspection and
maintenance program. Consider adoption of septic system inspection and maintenance program
to reduce pollutant loading to impaired waters in
Lee County regardless of state-wide rule
outcome. Priority should be given to areas of known high failure rate and within watersheds and
established TMDLs. Enter into agreement with the
Department of Health to implement.
1. Do nothing. Nutrient and bacterial loading from failing septic systems will continue
unabated. No direct financial burden on homeowner.
2.
Adopt County-Wide program. Establishes means to insure septic systems are functioning
and providing necessary treatment county-wide. Financial burden on homeowner.
Conservatively covers all areas regardless of current water quality conditions.
3.
Adopt Phased County-Wide program.
Adopt more conservative phased program
concentrating on known problem areas. Shifts program costs to already financially
burdened neighborhoods,
4. Central Sewer. Preferred by not available and/or cost effective in all circumstances.
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Proceed with phased implementation in known problem areas. Source control of pollutants is
much more efficient and cost effective than treating diffuse source in stormwater downstream.
Also removes potential health hazards of problematic septic systems.
Natural Resources Director Roland Ottolini, with the use of a
PowerPoint presentation
(copy on file in the Minutes
Office), provided an update on the Septic System Legislation and Alternatives, and reviewed SB 1698. He further
addressed the human health effects reported by the Environmental Protection Agency (EPA) Sewer Program, along
with costs, inventory status, and the phased approach. Board discussion ensued with input from
Assistant County
Manager
Doug Meurer. There was Board consensus for a more detailed draft ordinance. At the request of
Commissioner Hall,
Interim County Attorney
Andrea Fraser agreed to obtain copies of Ordinances already drafted by
other counties for reference and review.
Status of ongoing amateur sporting events planned for
City of Palms Park; seeking Board
direction on National Swimming Center proposal; update of 1-cent for baseball projections.
County Sports Development Director
Jeff Mielke, utilizing a
PowerPoint presentation
(copy on file in the Minutes
Office), summarized the 2010
City of Palms Park proposed events and responded to Board questions throughout the
presentation.
Economic Development Director
Jim Moore, designated to negotiate with the
National Swim Center Corporation;
noted the lack of negotiations, and recommended that negotiations cease. Following lengthy discussion by the
individual board members and input from
Mr. Moore,
Mr. Mielke and County
Manger Karen Hawes, there was Board
consensus to bring a Walk-On Bluesheet to the Board at next Tuesday’s meeting recommending that the Board not
pursue the
Swim Center Proposal.
Assistant County Manager
Pete Winton distributed
handouts
(copy on file in the Minutes Office) of the 5-year
projection and 5-cent Tourist Development Tax, and briefly explained this together with the 1-cent for baseball.
4.
ANNEXATION AND INTERLOCAL AGREEMENTS
The issue of interlocal agreements was discussed by the Board at the February 28
th
Comprehensive Plan EAR workshop. At that time, the Board asked about the status of interlocal
agreements which the County has been pursing with the Cities for the past 2 years. In brief,
after a series of meetings with
Cape Coral,
Fort Myers,
Fort Myers Beach,
Bonita Springs, and
Sanibel, some areas of mutual interest were identified as well as several differences (see attached
list). Some of these issues are already addressed through existing interlocal agreements, while
others can be handled through ongoing coordination. Other issues, in particular, future
annexation or urban service areas, are not areas of agreement.
If the Board wants to continue to pursue interlocal agreements, they should be topic-specific
separate agreements depending on the issue. (The County will keep existing and future
interlocals in a centrally located website of file.) With regard to annexations, if the Board wants
to pursue agreements, staff recommends “scaled-down” annexation agreements that address
earlier notification by Cities to the County, because the current notice requirements of
Florida
Statute Chapter 171 are limited and lack information. It does not appear from prior meetings
with the Cities that there will be agreement on annexation maps or urban reserve areas with at
least 3 cities.
1. Pursue scaled-down annexation interlocal agreements which would only address earlier
notification and more information.
2. Do not pursue scaled-down interlocal agreements.
3. Pursue separate interlocal agreements on an as needed basis for specific topics.
4. Propose charter amendments regarding voluntary annexations.
5. Coordinate annexation issues through the Cities’ Comprehensive Plan Evaluation and
Appraisal process.
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Community Development Planning Director Paul O’Connor reviewed the item and stated that agreement on the issue
of lands that are appropriate for annexation was not reached with the three (3) largest cities; and recommended pursuit
of interlocal agreements on an as-needed basis and to work with the cities as they go through their Evaluation and
Appraisal Report (EAR) to address annexation issues. Commissioner Hall voiced disagreement and stated that this
should not be looked at as a side issue. Board discussion ensued with
Interim County Attorney
Andrea Fraser
responding to Board questions. Commissioner Manning requested further detail on the recommended options be
provided at the next M& P meeting. Board consensus was reached that County Manager
Karen Hawes further
reviewed item and bring it back to the next M & P meeting; Manager Hawes agreed.
5.
CAPITAL IMPROVEMENT PROJECT (CIP) BUDGET UPDATE
Status of current CIP and projections; discussion of any unfunded projects.
Assistant County Manager
Pete Winton provided an updated overview of the
Capital Improvement Project
(CIP) and
handed out
the following: 1) Revenues and Expenditures; 2) FY 10/11–14/15
Major Maintenance Program; 3)CIP
11/12-15/16 – Total Projects List (copies on file in the Minutes Office). Brief Board discussion ensued with Mr.
Winton responding to comments by Commissioner Hall regarding EMS challenges, and Commissioner Manning on
the North
Fort Myers recreation center funding source.
Discussion of six month results and preliminary recommendations from the Finance & Taxation
Committee.
CHAIRMAN MANN ANNOUNCED THAT AGENDA ITEM NO. 6 WOULD BE CARRIED-OVER TO THE
NEXT MANAGEMENT & PLANNING MEETING.
7.
E-COMMENTS/BOCC AGENDAS
Presentation of e-comments on weekly BoCC agenda, a potential avenue for receiving public
input and concerns on agenda items.
Assistant County Manager
Pete Winton informed that testing is ongoing to provide more avenues for citizens to get
information to the County concerning Board agenda items, by way of placing comments on the County’s Agenda
(Sire) Website.
The Chairman adjourned the meeting at 4:11 p.m.
__________________________
_____________________________
Chairman,
Lee County Commission
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