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BOOK - 2011R - B.O.C.C.------------------------------------
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MAY 31, 2011
The
Regular Meeting
of the
was held on this date with the
following Commissioners present:
The Chairman called the meeting to order at 9:30 a.m. The Invocation was given by Rev. Joseph
Gabriel, of Full Gospel Assembly, followed by the Pledge of Allegiance.
ANNOUNCEMENTS
Referring to the Agenda
Recap Sheet
dated May 31, 2011, the Chairman announced that one Carry-
Over Item would be heard at the appropriate time in the agenda.
9:30 A.M. AGENDA ITEM
- Public Comment on Agenda Items
Consent (C) and Administrative (A)
The Chairman called for public input, and the following individuals came forward:
The following are Consent Agenda items that each Board member wished to have discussed:
Commissioner Hall - None
Commissioner Manning - None
Commissioner Judah - None
Commissioner Bigelow – 3B, 12A, 14A and 14D
Commissioner Mann - None
CONSENT AGENDA
1. COUNTY ADMINISTRATION
No requests received.
2. COMMUNITY DEVELOPMENT
No requests received.
3. CONSTRUCTION AND DESIGN
A)
ACTION REQUESTED/PURPOSE:
Approve, and authorize Chair to execute,
Supplemental Task Authorization (STA) No. 2
to
Contract No. 3950, under CN-07-12 Miscellaneous Architectural Services, to Sheeley
Operations/Traffic Building. This STA will bring the total project amount to $122,000.00.
Also, provide for an extension of the annual contract with Sheeley Architects to allow for
the completion of this project only. (
#20110386-
CONSTRUCTION AND DESIGN)
FUNDING SOURCE:
Fund: Capital Improvement Fund; Program: Capital Improvement Program; Project:
Traffic Building Replacement Project.
WHAT ACTION ACCOMPLISHES:
Provides a Consultant to perform continued architectural and engineering design services
for Phase II of the DOT Operations/Traffic Building.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
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B)
ACTION REQUESTED/PURPOSE:
Approve, and authorize Chair to execute, an
Addendum to the Construction Manager
Agreement, Contract #3877,
for RFQ-06-01 Administration East Renovations, Phase 6a,
with Stultz, Inc. (a local contractor), to include the Guaranteed Maximum Price (GMP) in
the amount of $1,610,548.34 (which includes a CM Fee of 6.52% or $91,627.34) for the
3rd floor renovations, utilizing 100% local subcontractors, with a project completion time
of 5-1/2 months. (
#20110406-
CONSTRUCTION AND DESIGN)
FUNDING SOURCE:
Renovations.
WHAT ACTION ACCOMPLISHES:
Compensates Contractor for the necessary renovations to the Administration East Building,
3rd floor, by providing fire proofing and replacing the air handlers.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
Commissioner Bigelow suggested putting this phase of the project out for competitive bid while indicating his
continued opposition to the project overall. Commissioner Manning moved approval of the Addendum, seconded by
Commissioner Judah. Assistant County Manager Doug Meurer provided an update on the project. Following
comments by Commissioner Hall on the County’s bid process and resultant cost savings, the motion was called and
carried with Commissioner Bigelow voting nay.
4. COUNTY COMMISSIONERS
No requests received.
5. COUNTY LANDS
A)
ACTION REQUESTED/PURPOSE:
Authorize the Division of County Lands to make a binding offer to property owner SWF
Beach Outlet, Inc., in the amount of $11,600.00 for Parcel 1 (4,196± square feet) for the
Treatment Plant) Project No. 7313. If offer is accepted, authorize Chair to execute the
Purchase Agreement. Pursuant to the Purchase Agreement, authorize payment of costs to
close in the approximate amount of $750.00, and the Division of County Lands to handle
all documentation necessary to complete the transaction. (
#20110394-
COUNTY LANDS)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Authorizes binding offer to property owner.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Authorize the Division of County Lands to make a binding offer to property owner Fort
Waste Water Treatment Plant) Project No. 7313. If offer is accepted, authorize Chair to
execute the
Purchase Agreement.
Pursuant to the Purchase Agreement, authorize payment
of costs to close in the approximate amount of $750.00, and the Division of County Lands
to handle all documentation necessary to complete the transaction.
(
#20110395-
COUNTY LANDS)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Authorizes binding offer to property owner.
MANAGEMENT RECOMMENDATION:
Approve.
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Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
C)
ACTION REQUESTED/PURPOSE:
Authorize the Division of County Lands to make a binding offer to property owner
in the amount of $1,500.00 for Parcel 3 (2,286± square
Water Treatment Plant) Project No. 7313. If offer is accepted, authorize Chair to execute
the Purchase Agreement. Pursuant to the Purchase Agreement, authorize payment of costs
to close in the approximate amount of $750.00, and the Division of County Lands to
handle all documentation necessary to complete the transaction.
(
#20110396-
COUNTY LANDS)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Authorizes binding offer to property owner.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
D)
ACTION REQUESTED/PURPOSE:
Authorize the Division of County Lands to make a binding offer to property owner Paven
Project No. 7313. If offer is accepted, authorize Chair to execute the Purchase Agreement.
Pursuant to the Purchase Agreement, authorize payment of costs to close in the
approximate amount of $500.00, and the Division of County Lands to handle all
documentation necessary to complete the transaction. (
#20110397-
COUNTY LANDS)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Authorizes binding offer to property owner.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
6. HUMAN SERVICES
No requests received.
7. INDEPENDENT
A)
ACTION REQUESTED/PURPOSE:
bid requirements,
Amera-Tech, Inc. d.b.a. Florida Evergreen Landscape & Lawn Care
(a
local vendor), for a monthly total of $4,800.00, and a not-to-exceed annual amount of
$57,600.00 plus additional fees for Mark Ups, Additional Work Requested and Emergency
Work, with a project duration of two (2) years with two (2) additional one (1) year
renewals. Also, authorize Chair to execute agreements upon receipt.
(
#20110385-
FUNDING SOURCE:
Services.
WHAT ACTION ACCOMPLISHES:
Griffin Parkway.
MANAGEMENT RECOMMENDATION:
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Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
B)
ACTION REQUESTED/PURPOSE:
below listed participating entities for the health benefits plans effective January 1, 2011.
Sanibel Fire Rescue District
Supervisor of Elections
Upper Captiva Fire Rescue District
20
th
Judicial Court-Administration Office
Clerk of Circuit Courts
Captive Island Fire Control District
Property Appraiser
District Medical Examiner
Port Authority
(
#20110389-
HUMAN RESOURCES)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Board approval will allow the execution of a consistent benefits MOU document for the
fourteen participating entities on the health plan.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
C)
ACTION REQUESTED/PURPOSE:
Approve, and authorize Chair to execute,
Change Order No. 1 to Contract No. 5292,
project RFQ-10-07 Construction Management to Corkscrew Road Safety Improvements,
(
#20110421-
FUNDING SOURCE:
Fund – CIP MSBU SA – Corkscrew Road Construction.
WHAT ACTION ACCOMPLISHES:
Compensates Construction Manager for the design services and construction of the
relocation of water and sewer lines and allows for additional time on the Corkscrew Road
Safety Improvements project.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
8. NATURAL RESOURCES/ SOLID WASTE
A)
ACTION REQUESTED/PURPOSE:
Approve Resolution to the West Coast Inland Navigation District (WCIND) requesting
funding totaling $1,619,611.00, for FY12 for the
projects
listed in priority order. Also,
authorize Natural Resources Division Liaison to sign and submit applications.
(
#20110417-
NATURAL RESOURCES)
FUNDING SOURCE:
to account for WCIND Waterway Development Program funds as awarded.
WHAT ACTION ACCOMPLISHES:
WCIND rules require a Resolution requesting grant funding.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
9. PARKS AND RECREATION
A)
ACTION REQUESTED/PURPOSE:
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(
#20110418-
PARKS AND RECREATION)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
timelines to address the stewardship of the parks' natural resources.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
10. PUBLIC SAFETY
A)
ACTION REQUESTED/PURPOSE:
Authorize Chair to execute
acceptance letter
and agreement to accept award from the State
of Florida Division of Emergency Management providing $10,125.00 in grant funds to
support the
program; and $6,750.00 in grant funds to support
required. Approve Budget Amendment Resolution in the amount of $10,125.00 (Citizen
Corp) and $6,750.00 (CERT) for a total of $16,875.00 and approve the expenditures in the
like amount. (
#20110413-
PUBLIC SAFETY)
FUNDING SOURCE:
Fund—General Fund; Grant Funded.
WHAT ACTION ACCOMPLISHES:
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
11. PUBLIC WORKS ADMINISTRATION
12. TRANSPORTATION
A)
ACTION REQUESTED/PURPOSE:
Approve, and authorize Chair to execute,
under
Drive, to T.Y. Lin International, (a local consultant), in the not-to-exceed amount of
$277,297.22. (
#20110372-
TRANSPORTATION)
FUNDING SOURCE:
Summerlin Road – Boy Scout to Cypress Lake.
WHAT ACTION ACCOMPLISHES:
Drive through June 2011.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
Commissioner Bigelow stated that, while this item is necessary, he would be casting a protest vote due to Posen
Construction’s poor performance and cost escalations. He further requested and received assurance from County
Attorney Michael Hunt that overage items would be included in any legal action that may be filed on behalf of the
County. Commissioner Manning moved approval, seconded by Commissioner Judah. Deputy Department of
Transportation Director Paul Wingard explained the necessity of this item, and advised that the anticipated completion
date is June 15, 2011, with punch list items extending for a portion of the summer. Commissioner Hall requested that
the subject of planning for major projects of this type be addressed at a Management and Planning meeting when a
new DOT Director is in place. The motion was called and carried with Commissioner Bigelow voting nay.
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B)
ACTION REQUESTED/PURPOSE:
Award B-11-17 Annual Contract for Fiber Optic Cable, Parts and Installation to both
responsive, responsible bidders meeting all bid requirements as follows:
Precision
Contracting Services
(a non-local vendor) and
(a local
vendor). The contract shall be for a period of one (1) year with two (2) one-year options.
Projects shall be issued on a per-project basis, based upon unit prices, with an annual
budget not to exceed $500,000.00. Also, authorize Chair to execute Agreement upon
receipt. (
#20110369-
TRANSPORTATION)
FUNDING SOURCE:
To be determined by each project, to include:
Fund - Transportation Trust Fund; Program - DOT Traffic.
WHAT ACTION ACCOMPLISHES:
DOT Traffic and various County departments and divisions. This contract shall be
utilized in the event of a hurricane or man-caused emergency in accordance with the terms,
conditions and construction provisions of the Federal Highway Administration (FHWA)
and/or Federal Emergency Administration (FEMA) requirements.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
13. UTILITIES
A)
ACTION REQUESTED/PURPOSE:
Developer Contributed Asset: Approve final acceptance, by Resolution and recording of
one utility easement,
as a donation of a water main extension, one potable water service,
one 10-inch diameter fire line and one force main connection, to provide potable water
service, fire protection and sanitary sewer service to the recently constructed Daniels
Parkway Fire Station. This asset project is located at the southwest corner of Daniels
Parkway and Sophomore Lane. (
#20110391-
UTILITIES)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Provides adequate utility infrastructure to support development of the subject property, and
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Developer Contributed Asset: Approve construction of one 10-inch diameter master meter
assembly and a force main extension serving Southland Lakes, to provide potable water
service, fire protection, and sanitary sewer service to this proposed multi-family,
commercial, and industrial subdivision. This asset project is located at the southeast corner
of I-75 and Luckett Road. (
#20110392-
UTILITIES)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Provides adequate utility infrastructure to support development of the subject property, and
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
C)
ACTION REQUESTED/PURPOSE:
Developer Contributed Asset: Approve final acceptance, by Resolution and recording of
one (1) utility easement,
as a donation of one force main connection, to provide sanitary
This asset project is located on the east side of Stringfellow Road, approximately ¼ mile
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#20110362-
UTILITIES)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Provides adequate utility infrastructure to support development of the subject property, and
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
14. COUNTY ATTORNEY
A)
ACTION REQUESTED/PURPOSE:
Request authorization to advertise for and conduct a Public Hearing on Tuesday, June 14,
2011 at 9:30 a.m., to consider the adoption and execution of the proposed Towing
Ordinance and the maximum rates schedule. (
#20110412-
COUNTY ATTORNEY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Sets Public Hearing date of June 14, 2011 at 9:30 a.m. in order for the Board to formally
adopt the proposed Ordinance at a Public Hearing.
MANAGEMENT RECOMMENDATION:
Approve authorization to advertise for and conduct a Public Hearing on Tuesday, June 14,
2011 at 9:30 a.m.
PULLED FOR DISCUSSION
Following response by Assistant County Attorney Jed Schneck to a question by Commissioner Bigelow on
notifications, Commissioner Judah moved approval, seconded by Commissioner Manning. The motion was called
and carried.
B)
ACTION REQUESTED/PURPOSE:
Direct the proposed amendments to the Land Development Code to two public hearings as
follows: First Public Hearing: June 14, 2011 at 5:05 p.m. Second Public Hearing:
August 9, 2011 at 9:30 a.m., or as soon thereafter as may be heard.
(
#20110422-
COUNTY ATTORNEY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Satisfies the Board policy to hold two public hearings to amend the LDC when changes to
permitted or prohibited uses are proposed. If adopted, the regulations will establish
Countywide standards.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
C)
ACTION REQUESTED/PURPOSE:
Approve recommended hearing date for an amendment to the Land Development Code to
update the Road Impact Fee Regulations set forth in Chapter 2 of the Code. Recommended
hearing date: June 14, 2011 at 5:00 p.m. (
#20110424-
COUNTY ATTORNEY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Public hearings are required to adopt amendments to the Land Development Code. The
public hearing provides the public an opportunity to comment on the proposed fee
schedule and amendments to the Code. Establishes the hearing date for advertising
purposes.
MANAGEMENT RECOMMENDATION:
Approve
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
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D)
ACTION REQUESTED/PURPOSE:
9:30 a.m. (
#20110432-
COUNTY ATTORNEY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
deemed unconstitutional by the Circuit Court; and reflects compliance with recently
adopted state legislation pertaining to loitering and prowling by certain offenders in
proximity to children.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
Following response by Assistant County Attorney Dawn Lehnert to the question by Commissioner Bigelow on the
reason for the amendment action, Commissioner Judah moved approval, seconded by Commissioner Manning. The
motion was called and carried.
15. HEARING EXAMINER
16. CONSTITUTIONAL OFFICERS
A)
ACTION REQUESTED/PURPOSE:
Property Appraiser for postage and printing of the 2011 "Notice of Proposed Property
Taxes" (TRIM Notice) mailing and approve necessary
funds transfer from reserves.
(
#20110407-
PROPERTY APPRAISER)
FUNDING SOURCE:
funds are available in CE5130400100.504211 (General Fund, Property Appraiser, Support
to Property Appraiser, Postage).
WHAT ACTION ACCOMPLISHES:
Provides the funding for printing and mailing of “Notices of Proposed Property Taxes or
TRIM Notices.”
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Approve the Minutes for the following meetings of the Board of County Commissioners
held during the week of May 16 through May 20, 2011:
May 16, 2011 (Zoning), May 17, 2011 (Regular).
(
#20110428-
MINUTES)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Approval of the Board Minutes, pursuant to Florida Statute 286.011.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
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. (
#20110430-
FINANCE)
FUNDING SOURCE:
N/A
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WHAT ACTION ACCOMPLISHES:
Florida Statute Chapter 136.06 (1) requires that all County disbursements be recorded in
the Minutes of the Board.
MANAGEMENT RECOMMENDATION:
Compliance with the requirements of FS 136.06 (1).
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
D)
ACTION REQUESTED/PURPOSE:
Assistance Program (SCAAP) on line grant application. (
#20110408-
SHERIFF)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Approval will allow the LCSO to submit the online application for reimbursement
expenditures associated with housing illegal aliens in our detention facilities.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
E)
ACTION REQUESTED/PURPOSE:
Approve funding in the amount of $8,270.00 for the purchase of Minutes Office recording
software and hardware in order to properly record meetings held outside the Board of
County Commissioner's chambers. Approve
budget transfer
increasing the funding to the
Clerk by $8,270.00. (
#20110437-
FINANCE)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Provides funding to purchase proper equipment for recording Board meetings held offsite
where audio capability is not available and must be transported from the Minutes Office to
the location of the meeting.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
F)
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). (
#20110438-
FINANCE)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
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
Ordinance 02-28 activity for the Driver's Education Safety Trust Fund.
MANAGEMENT RECOMMENDATION:
The purpose of this report is to convey the financial status of selected significant funds of
expenditures as of the stated dates, and the market value of investments managed by the
Clerk's Office on behalf of the Board.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
ADMINISTRATIVE AGENDA
1. COUNTY ADMINISTRATION
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2. COMMUNITY DEVELOPMENT
3. CONSTRUCTION AND DESIGN
4. COUNTY COMMISSIONERS
5. COUNTY LANDS
6. HUMAN SERVICES
7. INDEPENDENT
8. NATURAL RESOURCES/ SOLID WASTE
9. PARKS AND RECREATION
A)
ACTION REQUESTED/PURPOSE:
(
#20110402-
PARKS AND RECREATION)
FUNDING SOURCE
N/A
WHAT ACTION ACCOMPLISHES
September 13, 2010.
MANAGEMENT RECOMMENDATION
Approve.
Public Parks and Recreation Director Barbara Manzo reviewed the naming options and various recommendations for
the recently acquired Fort Myers Beach park property, with additional input by Fort Myers Beach Town Council
Commissioner Manning. Following further discussion on the addition of the designation “Family Park,” and
explanation by the motion maker for not including that distinction, the motion was called and failed. Commissioner
Hall moved to approve the name “Crescent Beach Family Park,” seconded by Commissioner Bigelow, called and
carried.
10. PUBLIC SAFETY
11. PUBLIC WORKS ADMINISTRATION
12. TRANSPORTATION
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13. UTILITIES
14. COUNTY ATTORNEY
15. HEARING EXAMINER
16. CONSTITUTIONAL OFFICERS
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
9:30 A.M. AGENDA ITEM –
Public Hearing
1. ACTION REQUESTED/PURPOSE:
Conduct a Public Hearing and consider the adoption of an Ordinance repealing and replacing
Ordinances 05-13 and 08-10, relating to "Garbage, Recycling and Solid Waste Collection and
#20110403-
SOLID WASTE)
FUNDING SOURCE:
Solid Waste Enterprise Fund.
WHAT ACTION ACCOMPLISHES:
Establishes a Public Hearing to consider the subject ordinance. If ordinance is adopted, a
"grandfathering" period will be established to allow two private companies to collect specific
recoverable materials from certain specified mobile home and recreational vehicle parks.
MANAGEMENT RECOMMENDATION:
Management endorses the existing ordinance but can accept a "time-certain" allowance for the
collection of recyclables at certain locations and with certain private companies.
Affidavit of Publication
for
this item, and briefly described and clarified the request. Commissioner Manning provided his reasons for retaining
the current Ordinances under consideration. Solid Waste Director Lindsey Sampson provided input on the reasons for
the requested Ordinance amendment and the resulting outcomes to the 23 properties affected. The Chairman called
for public comment and the following individuals came forward, in opposition to repeal and replacement:
Attorney
deletion of the second sentence on Page 44 of the proposed Ordinance;
Representing Indian Creek Mobile Home Park –
Kathy Claprood;
Representing Tamiami Village -
Richard Appleford;
Representing Tamiami Village –
Jim Soppa;
Representing Tamiami Village –
Diane Soppa;
Representing Tamiami Village –
Representing Tamiami Village –
;
Mr. Sampson, at the request of Chairman Mann, addressed issues raised by the public speakers. He clarified the basis
for the proposed sunset clause date of 2015; and urged the Board not to delete the entire grandfathering provision,
which is represented within the second sentence on page 44 of the proposed Ordinance, as suggested. Further Board
discussion ensued with reference to a May 26 memorandum from, and input by, Mr. Sampson. It was pointed out that
a proposed amendment to an existing Ordinance may be brought to the Board at any time. Following lengthy
discussion, Commissioner Manning moved to eliminate the 2015 sunset provision, continue the 2008 grandfather
provision, and include the 23 subject mobile home/recreational vehicle parks currently serviced by private vendors 1
and 2. In response to the question by Chairman Mann on the proposed deletion of the second sentence on page 44 of
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the proposed Ordinance, Mr. Sampson advised that the motion would strike only the final portion of the sentence that
reads “or October 1, 2015, whichever first occurs.” The maker of the motion agreed, and it was seconded by
Commissioner Judah for discussion. Assistant County Attorney Coovert provided further clarification on
grandfathering constraints at the request of Commissioner Judah. The maker of the motion indicated his intent was to
allow the subject parks to be permanently grandfathered and allowed to use any dealer. The seconder of the motion
further clarified that the parameters of the motion would allow the subject parks to continue to be vested and treated as
businesses for purposes of recoverable materials. The motion was called and carried with Commissioner Bigelow
voting nay. The Ordinance adopted by the Board and filed was
ENTITLED:
COUNTY ORDINANCE NOS. 05-13 AND 08-10, RELATING TO GARBAGE,
COUNTY TO BE KNOWN AS MANDATORY SOLID WASTE COLLECTION AND
DISPOSAL UNITS FOR SERVICE AREAS; PROVIDING FOR INTENT AND
DEFINITIONS; PROVIDING FOR THE PURPOSE OF DISPOSING OF SOLID
WASTE WITHIN THEIR BOUNDARIES; ESTABLISHING THE GOVERNING
BODY WITH POWERS AND DUTIES; PROVIDING FOR RESIDENTIAL AND
COMMERCIAL COLLECTION AND DISPOSAL; PROVIDING FOR ASSESSMENT
AND OWNER RESPONSIBILITY; PROVIDING FOR OUTER ISLANDS SERVICE
AREAS AND GASPARILLA ISLAND; PROVIDING FOR SPECIAL ASSESSMENT,
CERTIFICATION, COLLECTION, SCOPE AND DELINQUENCIES; ASSESSING
GOVERNMENTAL PROPERTY; LEVYING SPECIAL ASSESSMENTS AND
COLLECTION; CORRECTING ERRORS AND OMISSIONS; ENFORCEMENT OF
DELINQUENT ASSESSMENTS; PROVIDING FOR RESPONSIBILITY OF
CONTRACTOR AND PROPERTY OWNER FOR GARBAGE, RECYCLING, AND
SOLID WASTE COLLECTION; PROVIDING FOR CONTAINER SPACES AND
PROHIBITING UNLAWFUL DISPOSAL; PROVIDING FOR ABATEMENT AND
ENFORCEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY, SUPPLEMENTAL AUTHORITY AND EFFECTIVE DATE.
9:30 A.M. AGENDA ITEM –
Public Hearing
2. ACTION REQUESTED/PURPOSE:
Conduct a Public Hearing to consider the adoption of an Ordinance relating to the establishment of
a temporary moratorium on the issuance of business tax receipts for the operation of "Pain
Clinics" or "Pain Management Clinics". This Public Hearing was rescheduled on May 10, 2011 to
May 31, 2011 at 9:30 a.m. (
#20110312-
COUNTY ATTORNEY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
The Board must formally adopt an Ordinance at a scheduled, advertised Public Hearing.
MANAGEMENT RECOMMENDATION:
Adopt Ordinance.
Affidavit of Publication
for
this item, and briefly described the request. Commissioner Judah moved approval, seconded by Commissioner
Manning. The Chairman called for public comment; however, no one came forward. Following Board comments
acknowledging the Sheriff’s Office for their outstanding efforts in this matter, the motion was called and carried. The
Ordinance adopted by the Board and filed was
ENTITLED:
REPLACEMENT ORDINANCE; PROVIDING FOR DEFINITIONS,
GEOGRAPHICAL AREAS, CONFLICTS AND SEVERABILITY; PROVIDING FOR
CODIFICATION AND SCRIVENER’S ERRORS; AND PROVIDING AN
EFFECTIVE DATE.
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3. CONSTRUCTION AND DESIGN
ACTION REQUESTED/PURPOSE:
Approve, and authorize Chair to execute,
Addendum to the Construction Manager Agreement
under
RFQ-05-08 Justice Center Renovations, to Target Builders, Inc. (a local Contractor), for the project
known as Renovations of the Justice Center Pods B, C, D and the Lobby Area of the First Floor, for a
Guaranteed Maximum Price of $5,674,934.00 (includes CM Fee of $281,679.00), utilizing 99% local
sub-contractors, with a substantial completion time of 434 calendar days and final completion within
464 calendar days. Also, approve waiving of the formal process (if needed) and authorize the use of
allows the County to purchase directly from suppliers of equipment and/or materials as a cost/time
saving measure. (
#20110330-
CONSTRUCTION AND DESIGN)
FUNDING SOURCE:
& Lobby First FL).
WHAT ACTION ACCOMPLISHES:
Provides Lee County with a Construction Manager to provide all labor and materials for the renovations
MANAGEMENT RECOMMENDATION:
Approve.
REASON FOR CARRY OVER:
Deferred for one week at the May 24, 2011 Board meeting.
Construction and Design Manager Damon Grant provided a brief review of this portion of a previously budgeted
project, and County Manager Karen Hawes agreed to provide a CIP Budget update. Commissioner Judah moved
approval, seconded by Commissioner Manning, called and carried with Commissioner Bigelow voting nay.
COMMISSIONER ITEMS
recognition this past weekend to honor our service men and women.
STATE BUDGETARY ITEMS – Commissioner Judah requested a consensus to send a letter to our
legislature to pursue overrides of certain line item vetoes by Governor Scott. Following discussion, there was
agreement by Chairman Mann that he would work with Assistant County Manager Holly Schwartz to draft a letter for
Board approval at next week’s meeting. Chairman Mann indicated he would also attempt to speak directly with
Commissioner Manning left the Chambers at 11:30 a.m. and was absent for the remainder of the meeting.
SCHOOL RESOURCE OFFICERS (SRO) – Commissioner Judah addressed an impasse with the
School District and the municipalities of Fort Myers and Cape Coral over the funding of SRO’s. He identified the
need for a meeting of those entities as summer school would be starting next week. Assistant County Manager Pete
Winton and Sheriff Mike Scott reported on the current situation and the Sheriff expressed the wide variety of safety
reasons that a uniformed officer was necessary in Lee County schools. Commissioner Hall suggested further
discussion on the multiple issues surrounding this matter at a Management and Planning meeting. There was
consensus to direct staff to work with the School District and involved cities and report to the Board in two weeks.
COMMITTEE APPOINTMENTS
seconded by Commissioner
Judah, called and carried with Commissioner Manning absent.
Steven Slachta to the
IONA GARDENS
LIGHTING UNIT
CORKSCREW ROAD SPECIAL IMPROVEMENT UNIT
, and
DuWayne Boudin to the
SHELTERING PINES MOBILE HOME VILLAGE IMPROVEMENT UNIT
, seconded
by Commissioner Hall, called and carried with Commissioner Manning absent.
RIVERDALE SHORES
IMPROVEMENT UNIT,
CORKSCREW ROAD SPECIAL IMPROVEMENT UNIT.
Commissioner Judah moved approval, seconded by
Commissioner Bigelow, called and carried with Commissioner Manning absent. .
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COUNTY MANAGER ITEMS
COUNTY ATTORNEY ITEMS
The Chairman adjourned the meeting at 11:48 a.m.
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