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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 E. Manning, Vice Chairman
A. Brian Bigelow
Ray Judah
Tammara Hall
The Chairman called the meeting to order at 9:30 a.m. The Invocation was given by Paul Lodato, of
WRXY Christian Television, followed by the Pledge of Allegiance.
Commissioner Hall read and presented a Resolution recognizing Charles Dauray for his service as a Governing Board
member of the South Florida Water Management District and his dedication to Lee County, Southwest Florida and the
entire South Florida region; and thanking him for his leadership. Mr. Dauray accepted the Resolution and spoke to
Lee County’s unique environmental issues. (
#20110519-
COMMISSIONER HALL)
Commissioner Manning read and presented a Resolution extending the County’s best wishes for a successful 2011
Mango Mania Tropical Fruit Festival being celebrated July 30-31, 2011. The 2011 Mango Queen Melissa Koferl and
the Executive Director of the Pine Island Chamber of Commerce Lisa Benton accepted the Resolution. Ms. Korfel
thanked the Board for the recognition, and commented on the County’s bountiful tropical fruit selection.
(
#20110520-
COMMISSIONER MANNING)
Commissioner Bigelow read and presented a Resolution proclaiming the month of July 2011 as Distracted Driving
Awareness Month in Lee County, and urging all of its residents to Stay Alert, Stay Focused, Stay Alive ….Just Drive!
Executive Director Jay Anderson, along with several other representative public safety officials, accepted the
Resolution. Mr. Anderson commended the many teams and organizations that support this effort. Representing Bike
Walk Lee Ann Pierce also spoke and read a letter in support. (
#20110521-
COMMISSIONER BIGELOW)
Commissioner Mann read and presented a Resolution proclaiming July 2011 as Parks & Recreation Month in Lee
County and urging all citizens to visit the parks, especially on the weekend of July 30
th
and 31
st
when all parking fees
will be waived at Lee County Regional Parks and boat ramps, and there will be free admission at the county pools.
Public Parks and Recreation Director
Barbara Manzo and Deputy Director
Dave Harner, along with a large contingent
of Parks staff, accepted the Resolution.
Ms. Manzo urged the community to visit one of the many public parks.
(
#20110522-
COMMISSIONER MANN)
American Heart Association representative
Leslie Amick read and presented a Fit Friendly
Lee Award to the Board of
County Commissioners. (
#20110523-
HUMAN RESOURCES)
Commissioner Mann read and presented a Resolution commending the
Grounds Crew for the
Lee County Sports
complex, the
City of Palms Park and the Red Sox Player Development Complex for their hard work, dedication and
continued commitment to professional baseball in
Lee County.
Pablo Adorno, Keith Blasingim, representing the
Grounds Crew along with Public Parks and Recreation Director
Barbara Manzo and Deputy Director
Dave Harner
accepted the Resolution; and expressed appreciation for the Board support. (
#20110524-
COMMISSIONER MANN)
WALK-ON ITEM NO. 1 WAS HEARD AT THIS TIME
Commissioner Judah read and presented a Resolution extending farewell wishes to outgoing Acting Director of the
Department of Transportation Paul W. Wingard, and conveying sincere appreciation for his long-time service and
recognizing his outstanding contributions to
Lee County.
Mr. Wingard accepted the Resolution, and thanked the
Board. (
#20110532-
COMMISSIONER JUDAH)
Referring to the Agenda
Recap Sheet
dated June 21, 2011, the Chairman announced that:
Consent Agenda Item 1B should include: Enter the annual contract amount of $473,340.00/lump sum,
with Compensation for each aforementioned tasks for each succeeding year shall be adjusted as follows: All Urban
Consumers CPI up to 3.6% as a cumulative average cap based on the March to March average of each year.
Commissioner Hall moved approval of the revision, seconded by Commissioner Manning, called and carried.
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Six Walk-On items would be heard at the appropriate time in the agenda
Commissioner Bigelow moved to approve the addition of Public Presentation of Matters by Citizens to the end of this
agenda due to the Board recess over the next five weeks. The motion was seconded by Commissioner Mann for
discussion, and called and carried.
9:30 A.M. AGENDA ITEM
- Public Comment on Agenda Items
Consent (C) and Administrative (A)
CP3 and CP5 - Representing Bike Walk
Lee
A1A – Clerk of Court
C8A – Representing the Greater
Pine Island Civic Association
(
handout)
A9A – Alva resident
A1A – Lehigh Acres hotelier
C9A – Conservancy of Southwest
Florida representative
C9C –
Lee County Fair Association representative
C9C – Attorney for the
Lee County Fair Association
A1A –
National Swim Center Corporation (NSCC) Board Member
Brandon Drawz
A1A – NSCC Managing Partner
Fred Yeo
A1A – Amateur Sports Organizing Committee representative
A1A – NSCC Executive Director
John McIlhargy
A1A – Representing the NSCC
John Albion
A1A –
Fort Myers resident
Adam Hindson
Commissioners Hall and Manning each briefly left the Chambers during public comment.
The following are Consent Agenda items that each Board member wished to have discussed:
Commissioner Hall - none
Commissioner Manning – none
Commissioner Mann – 9B, 10A
Commissioner Judah – 7C, 8A, 9A, 9B
Commissioner Bigelow – 1C, 6A, 7A, 9B, 12B, 13E
A)
ACTION REQUESTED/PURPOSE:
Authorize
Interlocal Agreement with the
City of Bonita Springs
regarding distribution of
the Five and Six Cent Local Option Gas Taxes. (
#20110490-
COUNTY MANAGER)
FUNDING SOURCE:
Five and Six Cent Local Option Gas Tax Revenues.
WHAT ACTION ACCOMPLISHES:
Interlocal Agreement must be approved by the Board of County Commissioners.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Award, and authorize Chair to execute, a Service Provider Agreement under CN-11-04
Annual Financial Audit to
Cherry Bekaert & Holland LLP
and
Tuscan & Co PA, with an
annual contract amount of $473,340.00/lump sum, with Compensation for each
aforementioned tasks for each succeeding year shall be adjusted as follows: All Urban
Consumers CPI up to 3.6% as a cumulative average cap based on the March to March
average of each year, for an initial contract period of three (3) years with the option of
renewal for two (2) additional one (1) year periods.
(
#20110503-
COUNTY MANAGER)
FUNDING SOURCE:
Fund: General Fund; Program: Non-Dept – Non-Departmental; Project: Auditing
WHAT ACTION ACCOMPLISHES:
Provides an accounting firm that will perform any and all services for the Annual Financial
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Audit to the BoCC and Constitutional Offices.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval of the revision, seconded by Commissioner Manning, called and carried.
C)
ACTION REQUESTED/PURPOSE:
Award RFP-11-05 Third Party Administration for Liability and Workers’ Compensation
Claims to the Proposer whose proposal was evaluated by the Evaluation Committee as
being in the best interest of
Lee County, to
for a “per claim” fee -
times the number of claims incurred for FY 11-12 (annually October 1 – September 30).
The agreement will be for three (3) years, with two one (1) year optional renewals. The
estimated first year expenditure is $292,720.00 with the second and third years being
estimated at $181,870.00, which includes per claim and administration fees. Also authorize
Chair to execute the Agreement upon receipt. (
#20110505-
COUNTY MANAGER)
FUNDING SOURCE:
Fund: General Liability Self-Insurance; Program: Property & Liability; Project:
Professional Services.
WHAT ACTION ACCOMPLISHES:
Provides
Lee County with a Third Party Administrator for Liability and Workers’
Compensation claims.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
Commissioner Bigelow expressed his non-support for Consent Agenda Items 1C, 7A and 13E, which were acted on
simultaneously, referring to his on-going opposition to the general make-up of the County’s Selection Committee.
Commissioner Judah moved approval of the item, seconded by Commissioner Hall, called and carried with
Commissioner Bigelow voting nay.
A)
ACTION REQUESTED/PURPOSE:
Amend the following Community Planning contracts:
Contract #4997,
A Living Vision of
Alva Inc. (
ALVA Inc.), extension to October 31, 2012
Contract #4998,
A Living Vision of
Alva, Inc. (
ALVA Inc.) extension to September 30,
2011 (
#20110348-
COMMUNITY DEVELOPMENT)
FUNDING SOURCE
No additional funds are required for contract extensions.
WHAT ACTION ACCOMPLISHES
Allows
Alva Community Planning Panel additional time for the stated deliverables in both
contracts.
MANAGEMENT RECOMMENDATION
Approve.
Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Execute a
grant award agreement
for $40,000.00 in SHIP funds with Partnership-In-
Housing Inc. for the rehabilitation of at least ten (10) rental housing units for very low
income farm worker households at Pueblo Bonito in
Bonita Springs with a completion date
of September 30, 2011. (
#20110510-
COMMUNITY DEVELOPMENT)
FUNDING SOURCE:
SHIP Local Housing Assistance Funds.
WHAT ACTION ACCOMPLISHES:
Allows the county to enter into a grant award agreement for the expenditure of 2008/09
SHIP funds to maintain the supply of affordable housing.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried.
3. CONSTRUCTION AND DESIGN
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A)
ACTION REQUESTED/PURPOSE:
A) Award, and authorize staff to enter into a Construction Manager (CM) Agreement for
RFQ-11-01
Lee Tran Administration, Operations and Maintenance Facility to
Inc. d/b/a Mills Gilbane,
(a local Contractor), for the sum of 4% percent of the total
construction cost (CM Fee) and 0.75% of the cost of construction for the Pre-construction
Services (based on a construction estimate of $30,000,000.00) with a lump sum of
$225,000.00. Also, authorize the Chair to execute the CM Agreement upon receipt
B) It is further requested that the Board approve waiving of any formal process (if needed)
and authorize the use of the Direct Material Purchase Orders based on CM Agreement
which allows the County to purchase directly from suppliers of equipment and/or material
as a cost/time saving measure. (
#20110509-
CONSTRUCTION AND DESIGN)
FUNDING SOURCE:
Fund: Transit Operations and Maintenance Facility, Program:
Transit Capital, Project:
Lee
Tran Administration, Operations and Maintenance Facility Project.
WHAT ACTION ACCOMPLISHES:
The proposed facility would include an Administration Office of approximately 12,000
square feet, a Transportation Operations Office of approximately 18,000 square feet, and a
Vehicle Maintenance Building of approximately 45,000 square feet & Service Areas. The
site is 23.8 acres. This is a Federally Funded Project.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried.
A)
ACTION REQUESTED/PURPOSE:
Approve, and authorize Chair to execute, a
Purchase Agreement with
Jamaica Bay West
Associates, LTD,
for acquisition of Parcel 110, STRAP No. 36-45-24-00-00001.0000, a
19,927 square foot
Perpetual Utility Easement
and a 22,986 square foot
Temporary
Construction Easement
for RSW Water Transmission Line Project No.7193, located at
15235 S. Tamiami Trail,
Fort Myers, in the amount of $17,500.00, and necessary costs to
close of approximately $700.00. Also, authorize the Division of County Lands to execute
and accept all documentation necessary to complete this transaction.
(#20110485-
COUNTY LANDS)
FUNDING SOURCE:
Fund: Utilities Water Connection Fees Program: Capital Projects Project: Water
Transmission Line –
Ben Hill to Treeline.
WHAT ACTION ACCOMPLISHES:
Acquires a perpetual utility easement and a temporary construction easement necessary for
construction of the RSW 24-inch Water Transmission Line Project and avoids
condemnation proceedings.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Approve, and authorize Chair to execute, a
Purchase Agreement
Florida, LLC and Dew Associates Florida LLC, for acquisition of Parcel 100, STRAP No.
14-45-24-00-00003.0110, a 5,172 square foot
perpetual public waterline utility easement
for the South
Fort Myers Water Transmission Line Improvement Project No. 7184, located
at 12250
South Cleveland Avenue,
Fort Myers, FL 33907, in the amount of $32,000.00,
and payment of necessary costs to close of approximately $1,500.00;
Also, authorize the Division of County Lands to execute and accept all documentation
necessary to complete this transaction. (
#20110501-
COUNTY LANDS)
FUNDING SOURCE:
Fund:
Utilities Capital Improvements; Program: Capital Projects; Project:
South Fort
Myers Water Transmission Line Improvement Project No. 7184.
WHAT ACTION ACCOMPLISHES:
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Acquires the necessary Parcel 100 property for the Project.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried.
A)
ACTION REQUESTED/PURPOSE:
Approve submission of grant applications and substantial amendments to existing funding
during the Board's recess from June 22 through August 1, 2011 as necessary by
designating the County Manager as the official representative authorized to take such
action. Any action that is taken during this time will be reported to the Board when they
reconvene in August. (
#20110476-
HUMAN SERVICES)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Authorizes the County Manager to sign grant applications and related documents on behalf
of the Board during the Board’s recess.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
Human Services Director Ann Arnall and County Manager
Karen Hawes addressed a concern expressed by
Commissioner Bigelow and his recommendation to strike the phrase “and substantial amendments to existing
funding.” Commissioner Bigelow moved to approve the item striking “Neighborhood Stabilization Program” from
being included in the authorization. The motion failed for lack of a second. Following further discussion,
Commissioner Judah moved approval of the item, seconded by Commissioner Manning, called and carried with
Commissioner Bigelow voting nay.
A)
ACTION REQUESTED/PURPOSE:
Award RFP-11-06 Short Term/Long Term Disability Insurance, to the proposer whose
proposal was evaluated by the Evaluation Committee as being in the best interest of
Lee
County,
Standard Insurance Company,
with an initial contract period for the STD to begin
August 1, 2011 and the LTD to begin on January 1, 2012 (both contracts to run for a
period of 12 months). The contract may be renegotiated and renewed each year for up to
an additional four (4) years upon mutually satisfactory conditions. Also, authorize Chair to
execute Agreement upon receipt. (
#20110470-
HUMAN RESOURCES)
FUNDING SOURCE:
Funding will come from employer contributions for Long Term; and employee
contributions for Short Term Disability.
WHAT ACTION ACCOMPLISHES:
Provides
Lee County with a provider for Short Term and Long Term Disability Insurance
for a possible 5 year period.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
Commissioner Bigelow expressed his non-support for Consent Agenda Items 1C, 7A and 13E, which were acted on
simultaneously, referring to his on-going opposition to the general make-up of the County’s Selection Committee.
Commissioner Judah moved approval of the item, seconded by Commissioner Hall, called and carried with
Commissioner Bigelow voting nay.
B)
ACTION REQUESTED/PURPOSE:
Request authorization to advertise and set a Public Hearing on August 9, 2011 at 9:30 a.m.,
to amend the Taxicab & Livery Ordinance 00-01. (
#20110493-
PUBLIC RESOURCES)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Sets Public Hearing date of August 9, 2011 at 9:30 a.m. in order for the Board to formally
adopt amending Ordinance 00-01 Taxicab & Livery.
MANAGEMENT RECOMMENDATION:
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Approve authorization to advertise for and set the Public Hearing.
Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried.
C)
ACTION REQUESTED/PURPOSE:
Authorize acceptance and expenditure authority in the total amount of $4,712.00 for the
following monetary donations:
$400.00 from the Friends of Boca Grande Community Center for 2011 magazines;
$500.00 from
Western Shade Cloth Charitable Foundation for the Boca Grande
Reference Room's children's collection;
$2,882.10 from the Friends of Library Processing for registration and related travel
for (3) library staff members to attend the
Polaris User's Group Conference;
$510.00 from Friends of the
Bonita Springs Library for the purchase of slanted DVD
shelving;
$150.00 from Friends of Lakes Regional Library in memorial to
Margaret Carr;
$20.00 from
Vonda Stanton, $25.00 from
Kathleen Ellison, $50.00 from P. & R.
Krauss, $25.00 from J. &
B. Coates, $100.00 from M. &
J. McGinty, $25.00 from
D. &
A. Brown, and $25.00 from
Beatrice Dalton Living Trust, all in memory of
Robert Johnson for Lakes Library.
Accept the following non-monetary donations related to the
Summer Reading
Program: water bottles, painting sheets, door knob hangers, wallets, note pads,
and photo frames--all from the
Miami Dolphins valued at $900.00;
8,000 kids' meal coupons from TGIF valued at $48,000.00;
8,000 Little Caesar's Crazy Bread coupons valued at $15,920.00;
1000 Books and Bats Wendy's Jr. Frosty coupons from Miracle Baseball valued at
$1000.00; and
7,200 coupons from Taco Bell valued at $14,256.00.
Adopt budget amendment resolution in the amount of $4,712.00 to recognize
monetary donations and authorize expenditures. (
#20110516-
LIBRARY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Authorizes acceptance and expenditure of funds pursuant to donors’ requests.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
Commissioner Judah expressed appreciation to the donors for their support and moved approval, seconded by
Commissioner Hall, called and carried.
RESOLUTION NO. 11-06-13
8. NATURAL RESOURCES/ SOLID WASTE
A)
ACTION REQUESTED/PURPOSE:
Authorize publication of the Notice of Intent to Issue Permit and Request for
Administrative Hearing for
Lee County's Municipal Separate Storm Sewer System (MS4),
Florida
Department of Environmental Protection File No. FLS000035-003.
(
#20110498-
NATURAL RESOURCES)
FUNDING SOURCE:
Fund – Unincorporated MSTU; Program – Surface Water Management; Project – N/A.
WHAT ACTION ACCOMPLISHES:
Provides statutorily required public advertisement of the Notice of Intent to Issue
Lee
County’s MS4 Permit.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
Commissioner Judah expressed concern with moving forward with the permit renewal for MS4 that would allow for
direct discharge into Matlacha Pass. Commissioner Manning moved approval for discussion, seconded by
Commissioner Hall. Following further discussion, the motion was called and carried with Commissioners Judah and
Bigelow voting nay.
B)
ACTION REQUESTED/PURPOSE:
Approve
Task Assignment No. 5 to Florida
Department of Environmental Protection
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(FDEP) Contract No. GC709,
in the amount of $206,904.54 for pollutant storage tank
inspections for the period July 1, 2011 through June 30, 2012, and authorize the contract
manager to sign the Task Assignment Notification Form for
Lee County.
(
#20110515-
NATURAL RESOURCES)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Continues contracted Pollutant Storage Tank Inspection Program in
Lee County.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried.
A)
ACTION REQUESTED/PURPOSE:
Approve, and authorize Chair to execute, an
Interlocal Agreement
and the
City of Cape Coral granting the City the right to use Conservation 20/20 lands
known as the
Alva Scrub Preserve, to satisfy the City's environmental mitigation/permit
requirements applicable to the Florida Scrub-jay through habitat restoration, improvement
and maintenance within a portion of the
Alva Scrub Preserve.
(
#20110486-
PARKS AND RECREATION)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Allows the
City of Cape Coral to conduct their required Florida Scrub jay mitigation for
Festival Park and potentially other property within the city boundary on a portion of
Alva
Scrub Preserve, a Conservation 20/20 preserve.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
Assistant County Attorney
Dawn Perry Lehnert and Conservation 20/20 Supervisor
Cathy Olsen responded to
concerns expressed by Commissioner Judah for the potential private development on Conservation 20/20 lands and
precedent setting. Commissioner Judah suggested sending this back to remove the private sector component.
Commissioner Manning moved approval of the Interlocal Agreement, citing its unique nature, seconded by
Commissioner Hall for discussion. Following discussion, and further response to questions from Commissioner
Bigelow by Attorney Lehnert, the motion was called and carried with Commissioner Judah voting nay.
B)
ACTION REQUESTED/PURPOSE:
Approve waiving a minor informality and award B-11-22 Feral Hog Removal For
Lee
County to the lowest responsive, responsible bidder meeting all licensing requirements and
willing to work in all requested areas of
Lee County, Quality Cut Lawn Care, (a local
contractor), for an amount of $30.00 per hog, with an annual expenditure of $90,000.00.
Authorize Chair to execute the contract, which will run for a period of three (3) years,
upon receipt. (
#20110497-
PARKS AND RECREATION)
FUNDING SOURCE:
$50,000.00 - Fund – Parks & Recreation; Program - Parks & Recreation Operations;
Project - Capital Improvement; Project - Environmentally Sensitive Land Management
(Conservation 20/20) - $40,000.00 - Fund – Parks & Recreation; Program – Parks &
Recreation Operations; Program – General Fund.
WHAT ACTION ACCOMPLISHES:
Provides
Lee County with a properly licensed Contractor to remove feral hogs. Contractor
must provide labor and equipment to legally and humanely remove hogs from County
parks and preserves. Feral hogs damage habitats for native wildlife, increase the site’s
susceptibility for exotic plant invasion and can present a health and welfare issue for park
users.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
Director of Public Parks and Recreation
Barbara Manzo responded to a concern expressed by Commissioner Mann
and replied to Board questions. Commissioner Hall moved approval, seconded by Commissioner Manning.
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Following comment by Commissioner Bigelow on potential precedent setting of bid waivers involved with this
contract, the motion was called and carried.
C)
ACTION REQUESTED/PURPOSE:
Approve the
Second Amendment
to the Management Agreement for the
Lee Civic Center
Complex between
Lee County and the
Fair Association.
(
#20110512-
PARKS AND RECREATION)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Approval of the amendment will facilitate the sale, service and consumption of alcoholic
beverages at the Civic Center Complex consistent with standard County policy and
Lee
County Ordinance 06-26, as amended by
Lee County Ordinance 11-2.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried.
A)
ACTION REQUESTED/PURPOSE:
Approve the Contract for a
Service Agreement with
Motorola Inc.
for the 800 MHz P25
Digital Trunked Radio System, in the amount of $579,908.88 for a period of 18 months
effective April 1, 2011 to September 30, 2012. (
#20110513-
PUBLIC SAFETY)
FUNDING SOURCE:
Government Communications Network Fund.
WHAT ACTION ACCOMPLISHES:
Provides the Public Safety Division maintenance services for the 800 MHz P25 Digital
Trunked Radio System.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
Following response by Public Safety Director
John Wilson to the concern expressed by Commissioner Mann on the
situation encountered with
Motorola being our single source provider, Commissioner Manning moved approval,
seconded by Commissioner Judah.
Mr. Wilson responded to Commissioner Bigelow’s suggestion of incentivizing
and training in-house staff to provide required maintenance. The motion was called and carried.
11. PUBLIC WORKS ADMINISTRATION
A)
ACTION REQUESTED/PURPOSE:
Award B-11-21
Bonita Beach Road Phase II from Old 41 to Lime Street to the lowest
responsive, responsible bidder meeting all bid requirements,
Old Castle Contracting d/b/a
APAC Southeast, Inc.
(a local contractor), in the not-to-exceed bid amount of
$3,617,988.73, plus Alternate 1 in the amount of $161,546.23, for a total not-to-exceed
contract amount of $3,779,534.96, with a project completion time of 540 calendar days.
Also, approve a budget amendment resolution in the amount of $2,000,000.00 in Fund
#30713,
Bonita Beach Phase II; and amend the FY2010/11 - 2014/15 CIP accordingly.
Additionally, authorize Chair to execute contract upon receipt.
(
#20110440-
TRANSPORTATION)
FUNDING SOURCE
Fund – Transportation Capital Improvement and
Bonita Springs –
Bonita Beach Road
Phase II;
Program – Capital Projects; Project –
Bonita Beach Road Phase II. (Alt 1 is
developer contribution).
WHAT ACTION ACCOMPLISHES
Provides a Contractor for the widening of
Bonita Beach Road Phase II from Old U.S. 41 to
Lime Street.
MANAGEMENT RECOMMENDATION
Approve.
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Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried.
RESOLUTION NO. 11-06-14
B)
ACTION REQUESTED/PURPOSE:
Award Project CN-11-05 Alico Road Alignment Study from
Ben Hill Griffin Parkway to
Airport Haul Road, to
Stanley Consultants, Inc.
(a local Consultant), in the not-to-exceed
amount of $725,574.00. Also, authorize Chair to execute Agreement.
(
#20110463-
TRANSPORTATION)
FUNDING SOURCE:
Fund – Transportation Capital Improvement;
Program – Capital Projects; Project – Alico
Road 4L
Ben Hill to Airport Haul.
WHAT ACTION ACCOMPLISHES:
Provides a consultant to perform engineering services required to conduct public
involvement/information meetings including coordination with other public and private
entities. Obtain and analyze traffic data, conduct environmental analysis, develop a
preferred alignment and conceptual design plans that utilize sustainable design principles
and that support the County’s Complete Streets Resolution. Determine right-of-way
requirements, conduct utility coordination, consider storm water management needs,
develop right-of-way and construction cost estimates and a typical section package that
considers all road users and modes of transportation.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
Commissioner Bigelow expressed concern with the prematurity of this project and objected to moving ahead with
capacity increases. Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried with
Commissioner Bigelow voting nay.
A)
ACTION REQUESTED/PURPOSE:
Developer Contributed Asset: Approve construction of water and gravity main extensions
to provide potable water service, fire protection and sanitary sewer service to "
Bella Terra,
Phase 8A", a phased residential development. This project is located on the south side of
Corkscrew Road, approximately 1-1/2 miles east of
Ben Hill Griffin Road.
(
#20110477-
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 Judah moved approval, seconded by Commissioner Hall, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Developer Contributed Asset: Approve construction of water and gravity main extensions
to provide potable water service, fire protection and sanitary sewer service to "
Bella Terra,
Phase 8B", a phased residential development. This project is located on the south side of
Corkscrew Road, approximately 1-1/2 miles east of
Ben Hill Griffin Road.
(
#20110478-
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 Judah moved approval, seconded by Commissioner Hall, called and carried.
C)
ACTION REQUESTED/PURPOSE:
Developer Contributed Asset: Recording of
one (1) utility easement,
necessary for an
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existing fire line providing fire protection to the existing commercial building Garramone
Medical Office. This project is located on the Northwest corner of U.S. 41 South and
Seven Lakes Boulevard. (
#20110456-
UTILITIES)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
To ensure that
Lee County Utilities personnel have proper access to all facilities to be
owned and maintained by
Lee County as required in the
Lee County Utilities Design
Manual.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried.
D)
ACTION REQUESTED/PURPOSE:
Developer Contributed Asset: Approve final acceptance, by Resolution and recording of
one (1) utility easement,
as a donation of one 6-inch diameter fire line and one fire hydrant,
to provide fire protection to Brawley Zip Drive, a recently-constructed industrial building.
This project is located along the east side of Zip Drive, approximately 500 feet north of
#20110457-
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 Judah moved approval, seconded by Commissioner Hall, called and carried.
RESOLUTION NO. 11-06-15
E)
ACTION REQUESTED/PURPOSE:
Concur with the selection of consultants by the Competitive Negotiations Committee for
CN-11-07 Miscellaneous Electrical and/or Instrumentation Design Services for Utility
Systems, and authorize staff to negotiate rate schedules with the below listed firms, : for a
contract period of two (2) years with the option of renewal for one (1) additional year.
Also, authorize Chair to execute the agreements upon final negotiations.
RKS Consulting Engineers Inc.
Stantec Consulting Services Inc.
(
#20110492-
UTILITIES)
FUNDING SOURCE:
Work is authorized on a project by project basis where funds are available within specified
budgets.
WHAT ACTION ACCOMPLISHES:
Provides the County with three consultants on this contract that can provide professional
services to include design of electrical power systems; emergency power supply systems;
electrical motor control centers; process & instrumentation controls; and SCADA systems
on an as needed basis.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
Commissioner Bigelow expressed his non-support for Consent Agenda Items 1C, 7A and 13E, which were acted on
simultaneously, referring to his on-going opposition to the general make-up of the County’s Selection Committee.
Commissioner Judah moved approval of the item, seconded by Commissioner Hall, called and carried with
Commissioner Bigelow voting nay.
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16. CONSTITUTIONAL OFFICERS
A)
ACTION REQUESTED/PURPOSE:
Authorize Chair to sign a
Memorandum of Understanding (MOU)
for Operation
Stonegarden - Border Security federal grant 2010-SS-T0-0092. The MOU is between the
Lee County Board of County Commissioners,
Cape Coral Police Department,
Florida Fish
and Wildlife Conservation Commission,
Fort Myers Police Department,
Lee County
Sheriff's Office and
Sanibel Police Department. (
#20110506-
SHERIFF)
FUNDING SOURCE:
The U.S.
Department of Homeland Security via Florida Division of Emergency
Management.
WHAT ACTION ACCOMPLISHES:
MOU spells out coordination, allocation of resources and reimbursement of $90,000.00 in
funding from the U.S.
Department of Homeland Security for Operation Stonegarden –
Border Security federal grant 2010-SS-T0-0092 via State of Florida Division of
Emergency Management.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried.
B)
ACTION REQUESTED/PURPOSE:
The
Lee County Sheriff's Office (LCSO) requests approval to submit, and if awarded,
accept the $135,536.00 in funding through the Bureau of Justice Assistance FY11
Edward
Byrne Memorial Justice Assistance Grant
(JAG) Program. (
#20110508-
SHERIFF)
FUNDING SOURCE:
Bureau of Justice Assistance.
WHAT ACTION ACCOMPLISHES:
Applicants are limited to local units of government. Approval of request will authorize the
LCSO to apply for funding to purchase equipment for disaster recovery at LCSO
headquarters to ensure that critical data is not lost or compromised.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried.
C)
ACTION REQUESTED/PURPOSE:
Approve the Minutes for the following meetings of the Board of County Commissioners
held during the week of June 6 through June 10, 2011:
June 6, 2011 (Zoning),
June 7, 2011 (Regular),
June 6, 2011 (Management & Planning),
June 7, 2011 (Overflow Management & Planning).
(
#20110525-
MINUTES)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Approval of the Board Minutes, pursuant to Florida Statute 286.011.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried.
D)
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. (
#20110526-
FINANCE)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
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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 Judah moved approval, seconded by Commissioner Hall, called and carried.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
COMMISSIONER BIGELOW BRIEFLY LEFT THE CHAMBERS AT THIS TIME.
HEARD OUT OF ORDER AS THE FINAL ADMINISTRATIVE AGENDA ITEM
At this time the Chairman recognized
Fort Myers City Council Member for Ward 6
who spoke in
support of the swim center proposal, and reported on economic factors and his report to the
City Council at their June
20 meeting.
Chairman Mann received Board consensus to move this item to the end of the Administrative Agenda.
A)
ACTION REQUESTED/PURPOSE:
Discuss and review final proposal from the
National Swimming Center Corp. (NSCC) for
use of
City of Palms Park as a swim center complex. (
#20110517-
COUNTY MANAGER)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Provides for Board discussion of proposal.
MANAGEMENT RECOMMENDATION:
Not to proceed with negotiations.
Economic Development Director
Jim Moore addressed the
staff recommendation memorandum.
Commissioner Hall
indicated her support to move forward with contract negotiations and Commissioner Manning requested that any
motion to move forward would include, but not be limited to, the following items: due diligence on the company
issuing the surety letter; verification and assurance that the Contract contain language stipulating to the fact that Phase
1 funds would be placed in escrow as suggested by
Charlie Green, Clerk of Courts; that there be a codicil to the
Contract stipulating no financial obligation on the part of
Lee County now or in the future; and, if Staff approves, Jeff
Mielke and the Sports Authority be included in discussions; and that this be the final contract negotiation session. Mr.
Moore recommended a contract that assures completion and delivery of a facility as agreed to by all parties, along
with a performance bond and the contingencies outlined by Commissioner Manning. Brief reference was made by
Commissioner Judah to potential involvement by
Florida Gulf Coast University (FGCU). Commissioner Bigelow
read from a resolution passed at the June 20
Fort Myers City Council meeting, and commented on the potential take
back by the City of the stadium facility and his preference that the City conduct negotiations going forward with the
NSCC. Commissioner Mann indicated that, while this proposal was not yet financially viable, there are no current
alternatives for the site to preclude moving forward. Commissioner Judah pointed out that the NSCC has stepped
forward to absorb the risks and thanked those involved. Commissioner Hall moved to approve, with the conditions
outlined above by Commissioner Manning. Commissioner Manning seconded the motion.
Mr. Moore requested and
received clarification from Commissioner Manning on release of any escrowed funds. Following further brief
discussion on the City’s involvement and probability of hiring outside counsel and/or consultants, the motion was
called and carried with Commissioner Bigelow voting nay.
3. CONSTRUCTION AND DESIGN
4. COUNTY COMMISSIONERS
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A)
ACTION REQUESTED/PURPOSE:
Adopt a Resolution of Exchange involving a County-owned utility easement located at
18731-51, and 18801 Three Oaks Parkway, in conjunction with a Developer Contributed
Asset, pursuant to the terms and conditions set forth in the
Agreement for Release and
Exchange of Perpetual Public Utility Easement.
Also, authorize the Chairman to execute
the Agreement and
County Deed;
and the Division of County Lands to handle and accept
all documentation necessary
to complete this transaction. (
#20110514-
COUNTY LANDS)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Exchange of utility easements for a Developer Contributed Asset for the Three
Oaks Town
Center Modification.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried.
RESOLUTION NO. 11-06-16
A)
ACTION REQUESTED/PURPOSE:
Authorize Chairman to execute
Amendment to the Medicaid Waiver Services Agreement
with the Agency for Persons with Disabilities (APD) for Transportation Services provided
by
Lee Tran Passport Service. Due to recent Legislative action reducing Medicaid Waiver
Provider rates by 4%, this amendment is an administratively necessary document to reflect
the new rates that are effective July 1, 2011.
APD Agreement is the administrative document that allows
Lee Tran to electronically bill
the APD for services provided. (
#20110494-
TRANSIT)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Allows
Lee Tran to collect the adjusted contract rate for the provision of transportation
service through direct electronic billing.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
8. NATURAL RESOURCES/ SOLID WASTE
A)
ACTION REQUESTED/PURPOSE:
Determine whether to include the Zip Line within the Caloosahatchee Regional Park
(CRP) Management (Stewardship) Plan 2011 - 2021, and then approve and forward the
CRP Stewardship Plan to the
State's Board of Trustees of the Internal Improvement Trust
Fund (TIITF) via the Division of State Lands (Acquisition and
Restoration Council) for
final approval. (
#20110475-
PARKS AND RECREATION)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Approval of the CRP Management Plan establishes guidelines for the stewardship
activities, restoration, and public use of the park for the next ten years and puts
Lee County
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in compliance with State requirements.
MANAGEMENT RECOMMENDATION:
To approve the new 10 year CRP Management Plan as written.
Public Parks and Recreation Director
Barbara Manzo provided a summary overview of the Caloosahatchee Regional
Park Management Plan and responded to specific questions on the proposed zip line. Following discussion,
Commissioner Judah moved approval of the Plan as written, seconded by Commissioner Hall. Following a suggestion
by Commissioners Mann and Bigelow to look at alternative sites for a zip line, the motion was called and carried with
Commissioners Mann and Bigelow voting nay.
11. PUBLIC WORKS ADMINISTRATION
A)
ACTION REQUESTED/PURPOSE:
Adopt by Resolution an amendment to
Lee County Administrative Code (AC) 2-6
pertaining to Administrative Procedures for Scheduling and Conducting Matters Coming
Before the
Lee County Hearing Examiner. (
#20110489-
COUNTY ATTORNEY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Amends AC 2-6 to formalize current rules of procedure for hearings before the Hearing
Examiner and provides additional regulations for requests for disqualification of Hearing
Examiners in zoning cases.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
RESOLUTION NO. 11-06-17
B)
ACTION REQUESTED/PURPOSE:
Approve Settlement Agreement and Full and Final Mutual Release of All Claims involving
the Communications Supervisors ("Complainants"):
Robert Sewell,
Janet Quinn,
Lee
Bouthillette,
Hollis Jordan, and Complainants Counsel, Donnelly & Gross, P.A.
(
#20110499-
COUNTY ATTORNEY)
FUNDING SOURCE:
General Fund; Public Safety; Emergency Dispatch.
WHAT ACTION ACCOMPLISHES:
Settles all claims for damages and attorney’s fees.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried.
16. CONSTITUTIONAL OFFICERS
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17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
9:30 A.M. AGENDA ITEM –
Public Hearing
1. ACTION REQUESTED/PURPOSE:
Approve Resolutions to Assess:
A.
Anchorage Intracoastal Canal Dredging for an assessment of $500.83 per lot.
B. Cherry Blueberry Improvement Unit of $155.68 per lot.
C. Country Estates, Unit 3, Streetlighting Unit for an assessment of $49.58 per lot.
D. Country Lakes Streetlighting for an assessment of $42.89 per lot.
E. Dewberry Lane Special Improvement Unit for an assessment of $223.01 per lot.
F. Gasparilla Island Special Improvement for an assessment for an equivalent millage rate of
0.0307.
G. Golden Lake Heights Streetlighting Unit for an assessment of $33.52 per lot.
H. Pine Lake Streetlighting Unit for an assessment of $92.81 per lot.
I. River Forest Streetlighting MSBU for an assessment of $64.03 per parcel.
J. Sheltering Pine Mobile Home Village Special Improvement Unit for an assessment of
$79.75 per lot.
K. University Overlay Landscaping O&M for an assessment for $3.33 per front foot.
(
#20110371-
PUBLIC RESOURCES)
FUNDING SOURCE:
Property Owners through various established MSBU's on the annual tax roll.
WHAT ACTION ACCOMPLISHES:
Provides funding for FY 2011-2012.
MANAGEMENT RECOMMENDATION:
Approve.
Assistant County Attorney Scott Coovert approved as to legal form and sufficiency the
Affidavit of Publication
and
briefly reviewed the item reading each proposed assessment into the record. MSTBU Coordinator
Donna DeBerry
responded to Board questions.
A)
Anchorage Intracoastal Canal Dredging – The Chairman called for public input; however, no one
came forward. Commissioner Hall moved approval, seconded by Commissioner Manning, called
and carried.
RESOLUTION NO. 11-06-18
B) Cherry Blueberry Improvement Unit – The Chairman called for public input; however, no one
came forward. Commissioner Hall moved approval, seconded by Commissioner Manning, called
and carried
RESOLUTION NO. 11-06-19
C) Country Estates, Unit 3, Streetlighting Unit - The Chairman called for public input; however, no
one came forward. Commissioner Hall moved approval, seconded by Commissioner Manning,
called and carried.
RESOLUTION NO. 11-06-20
D) Country Lakes Streetlighting - The Chairman called for public input; however, no one came
forward. Commissioner Hall moved approval, seconded by Commissioner Manning, called and
carried.
RESOLUTION NO. 11-06-21
E)
Dewberry Lane Special Improvement Unit - The Chairman called for public input; however, no
one came forward. Commissioner Hall moved approval, seconded by Commissioner Manning,
called and carried.
RESOLUTION NO. 11-06-22
F) Gasparilla Island Special Improvement MSBU - The Chairman called for public input; however,
no one came forward. Commissioner Hall moved approval, seconded by Commissioner Manning,
called and carried. Documents-2011\062111R\062111R-930-ph1-reso-11-06-23.pdf
RESOLUTION NO. 11-06-23
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G)
Golden Lake Heights Streetlighting Unit - The Chairman called for public input; however, no one
came forward. Commissioner Hall moved approval, seconded by Commissioner Manning, called
and carried.
RESOLUTION NO. 11-06-24
H)
Pine Lake Streetlighting Unit - The Chairman called for public input; however, no one came
forward. Commissioner Hall moved approval, seconded by Commissioner Manning, called and
carried.
RESOLUTION NO. 11-06-25
I)
River Forest Streetlighting MSBU - The Chairman called for public input; however, no one came
forward. Commissioner Hall moved approval, seconded by Commissioner Manning, called and
carried.
RESOLUTION NO. 11-06-26
J) Sheltering Pine Mobile Home Village Special Improvement Unit - The Chairman called for
public input; however, no one came forward. Commissioner Hall moved approval, seconded by
Commissioner Manning, called and carried.
RESOLUTION NO. 11-06-27
K)
University Overlay Landscaping O & M - The Chairman called for public input; however, no one
came forward. Commissioner Hall moved approval, seconded by Commissioner Manning, called
and carried.
RESOLUTION NO. 11-06-28
Ceremonial presentation recognizing Paul
Wingard. (
#20110532-
Commissioner Judah)
HEARD OUT OF ORDER. SEE PRESENTATIONS PORTION OF MINUTES FOR ACTION TAKEN.
16. CONSTITUTIONAL OFFICERS
ACTION REQUESTED/PURPOSE:
Approve Minutes for the following meetings of the Board of County Commissioners held during the
week of June 13 through June 17, 2011:
June 13, 2011 (Comprehensive Plan Transmittal)
June 14, 2011 (Regular)
(
#20110533-
MINUTES)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Approval of Board Minutes, pursuant to Florida Statute 286.011.
MANAGEMENT RECOMMENDATION:
Approve.
REASON FOR WALK ON:
Necessary due to Board's recess.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
16. CONSTITUTIONAL OFFICERS
ACTION REQUESTED/PURPOSE:
Approve disbursement of excess funds resulting from the sale of tax deed certificates to claimants
verified and certified under Florida Statutes 197.582.
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Tax Deed Number
2008-002706
2009-000961
2009-002524
2009-002922
2009-005554
2010-000073
2010-000688
2010-001221
2010-001230
2010-001487
2010-001491
2010-001598
2010-001632
2010-001633
2010-001737
2010-001767
2010-001911
2010-002184
Payee
Henderson, Franklin, Starnes and Holt, PA
Robert E. Tardif Jr, Bankruptcy Trustee
of Nydia Lapon
Zichrian James
Iberia Bank c/o
Michael J. Schaefer
Iberia Bank c/o
Michael J. Schaefer
of the
Samuel L. Lurie Trust
of the
Samuel L. Lurie Trust
Janice Korleski
Clifford Korleski
Tally Gawergun
Tally Gawergun
Coral-
Lee Properties Inc.
Entrust IRA Southwest
Florida, LLC
Entrust IRA Southwest
Florida, LLC
Ironstone Bank a division of First Citizens
Alan Khoo
Amount
$237.64
$182.27
$666.36
$413.42
$ 1,363.19
$872.35
$476.04
$551.62
$551.61
$948.80
$ 52.45
$401.23
$ 64.43
$231.29
$231.28
$ 11.78
$162.61
$ 27.29
$893.66
$893.66
$159.86
$413.90
$482.27
(
#20110534-
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 appropriate claimants in compliance with
statutory rules and requirements.
MANAGEMENT RECOMMENDATION:
Approve.
REASON FOR WALK ON:
Necessary due to the Board's recess.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
16. CONSTITUTIONAL OFFICERS
ACTION REQUESTED/PURPOSE:
Approve submission of grant applications during the Board's recess from June 22 through August 1,
2011 as necessary by designating the County Manager as the official representative authorized to take
such action. (
#20110528-
SHERIFF)
FUNDING SOURCE:
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N/A
WHAT ACTION ACCOMPLISHES:
Authorizes the County Manager to sign grant applications and related documents on behalf of the
Board during the Board’s recess.
MANAGEMENT RECOMMENDATION:
Approve.
REASON FOR WALK ON:
Necessary due to the Board's recess.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
16. CONSTITUTIONAL OFFICERS
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). (
#20110530-
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
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.
REASON FOR WALK ON:
Necessary due to the Board's summer recess.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
ACTION REQUESTED/PURPOSE:
WWE Flow Diversion: Authorize Chair to:
1) Approve Phase II (construction related) expenditures in the amount not to exceed an aggregate total
of $6,978,417.85 reimbursed to the Florida Governmental Utility Authority (FGUA) for the
construction costs and other associated costs with the Waterway Estates (WWE) Wastewater Treatment
Plant Flow Diversion Project;
2) Approve
Amendment No. 1
to the "Interconnect and Bulk Wastewater Treatment Agreement
between
Lee County and FGUA"; and,
3) Approve
Budget Transfer
in the amount of $6,790,000.00 from
Lee County
Utilities Capital Fund
Reserves to the WWE Wastewater Treatment Plant Flow Diversion Project; and amend the FY10/11-
14/15 CIP Budget accordingly. (
#20110531-
UTILITIES)
FUNDING SOURCE:
Funds:
LCU Capital Improvements; Program: Capital Projects; Project: Waterway Estates Wastewater
Treatment Plant Flow Diversion.
WHAT ACTION ACCOMPLISHES:
Reimburses FGUA fees for the construction costs and other related construction services for the
Connection Facilities, and fulfills all of LCU’s obligations to reimburse the FGUA for the design and
construction of the Connection Facilities. Also, it further clarifies the disbursements to FGUA for the
Sewer Capacity Impact Fees.
MANAGEMENT RECOMMENDATION:
Approve.
REASON FOR WALK ON:
Necessary to meet construction schedule.
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Commissioner Hall moved approval, seconded by Commissioner Manning. Following response by
Assistant County
Manager for Public
Works Doug Meurer to a question by Commissioner Bigelow on the timetable, the motion was
called and carried.
ART ON DISPLAY - Commissioner Hall thanked
Cape Coral resident
Roseline Young for her woven
artwork that will be on display outside her office until August.
ORDINANCE 11-03 - Commissioner Manning referenced a letter received from the Counsel for
Garden Street Iron & Metal and requested that an amendment to the Ordinance be Blue Sheeted for a future Public
Hearing to allow for further discussion. Commissioner Judah stated his objection to any proposed amendment.
PUBLIC RECORD
- Commissioner Bigelow requested that an email of June 20 regarding an audit
request by the County Manager of the
Department of Transportation’s hiring policy be placed on the record.
CODE ENFORCEMENT - Commissioner Mann advised that Code Enforcement is continuing to
research the issue of chickens on residential property in Lehigh Acres.
COMMISSIONER HALL LEFT THE MEETING AT 12:37 P.M., AND WAS ABSENT FOR THE REMAINDER
OF THE MEETING.
HEARD OUT OF ORDER
AFTER COUNTY MANAGER ITEM
Commissioner Manning, on behalf of Commissioner Hall, moved to appoint
Esta Rubinstein to the
ROADWAY LANDSCAPE COMMITTEE,
seconded by Commissioner Judah, called and carried with
Commissioner Hall absent.
Commissioner Bigelow moved to re-appoint Councilman
Johnny W. Streets, Lt.
James Mulligan, Cliff
Smith and
Dena Geraghty to the
, seconded by Commissioner Manning, called and
carried with Commissioner Hall absent.
HEARD OUT OF ORDER
PRIOR TO COMMITTEE APPOINTMENTS
County Manager Karen B. Hawes and Assistant County Manager Pete Winton requested Board
approval to reschedule the meeting to set the proposed millage rate for the TRIM notices, from Tuesday, August 2 to
Wednesday, August 3, to insure a full Board. Commissioner Manning moved approval, seconded by Commissioner
Judah. Following response to Board questions, the motion was called and carried with Commissioner Hall absent.
County Attorney Michael Hunt had no items for discussion.
9:30 AM AGENDA ITEM –
Public Presentation of Matters by Citizens
The Chairman called for comments by citizens and the following individual came forward:
Traffic Engineer Steve Sherman addressed concerns with the DOT hiring practices especially as they
related to the selection of a Director of the Department of Transportation.
The Chairman adjourned the meeting at 12:45 p.m.
ATTEST:
CHARLIE GREEN, CLERK
__________________________
Deputy Clerk
________________________________________
Chairman, Lee County Commission
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