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BOOK - 2011R - B.O.C.C.------------------------------------
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JUNE 14, 2011
The
Regular Meeting
of the
was held on this date with the
following Commissioners present:
Deaton, Life Church, followed by the Pledge of Allegiance to the Flag.
PRESENTATIONS
Commissioner Mann read and presented a Ceremonial Resolution proclaiming June 20, 2011 as
Unitarian Universalist Church of Fort Myers Day. Members of the Church, on behalf of the Board of Trustees
President Ellen Erickson and Reverend Allison Farnum, accepted the Resolution, and thanked the Board.
(
#20110464-
County Commissioners)
Commissioner Judah read and presented a Ceremonial Resolution observing June 15, 2011 as Elder
Abuse Awareness Day, and extending greetings and best wishes to all. The Lee Elder Abuse Prevention Partnership
(LEAPP) members, on behalf of their President Erickson, accepted the Resolution and thanked the Board.
(
#20110465-
Commissioner Judah)
Walk on Item No. 1 was heard at this time. See that item for action taken.
ANNOUNCEMENTS
Referring to the
Agenda Recap Sheet
dated June 14, 2011, the Chairman announced that:
The 9:30 a.m. Public Hearing No. 2 should be deferred until September 13, 2011, in order to receive
further input from law enforcement and the towing industry. Commissioner Manning moved approval, seconded by
Commissioner Hall, called and carried.
One Walk on item would be heard during the Presentation portion.
Immediately following the Ceremonial Presentation, there would be a special introduction of the Tree
The County Manager item would be taken at the appropriate time.
9:30 A.M. AGENDA ITEM
- Public Comment on Agenda Items
Consent (C) and Administrative (A)
No one from the general public came forward to offer comments.
The following are the Consent Agenda items that each Board member wished to have discussed:
Commissioner Mann – 10(c)
Commissioner Manning - None
Commissioner Judah – 1(a)
Commissioner Hall - None
Commissioner Bigelow – 1(a), 3(a), 7(f)
CONSENT AGENDA
1. COUNTY ADMINISTRATION
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A)
ACTION REQUESTED/PURPOSE:
Approve the ranking of firms by the Proposal Evaluation Committee for RFP-11-01
Tourism Advertising, Program Planning, Creation and Implementation, in the following
order of ranking; and authorize contract negotiations to commence with the number one
ranked firm:
(1)
MMG Worldwide
(2) BVK
Further, authorize Chair to execute an agreement for an amount up to $8,500,000.00, upon
approval of additional funding, with a contract period of October 1, 2011 through
September 30, 2014 with the option of renewal for two (2) one (1) year periods (for a
possible 5 year term). (
#20110445-
VISITOR AND CONVENTION BUREAU).
FUNDING SOURCE:
Fund: Tourist Dev. Tax Trust; Program: VCB Visitor and Convention Bureau; Project:
Promo Advertising & Expenses.
WHAT ACTION ACCOMPLISHES:
The selected proposer shall be the principal advisor and provider to the Visitor &
Convention Bureau (VCB) for the following advertising services: Development of a
strategic advertising plan; creative strategy, creation and production of all advertising;
placement of advertising, regardless of type, at the lowest competitive rate; development
and coordination of media plans; brand marketing; create and implement cooperative
advertising programs; and develop promotions in order to stretch the reach of the
advertising budget.
MANAGEMENT RECOMMENDATION:
284
PULLED FOR DISCUSSION
Commissioner Bigelow stated that he could not support the requested item due to his long-standing disagreement with
the makeup of the Selection Committee. Commissioner Judah expressed disappointment over the selection and
thanked Mary DeLong of BVK Advertising for the firm’s excellent service to Lee County for many years; and moved
the item, seconded by Commissioner Manning, the motion was called and carried with Commissioner Bigelow voting
nay.
2. COMMUNITY DEVELOPMENT
A)
ACTION REQUESTED/PURPOSE:
Extend from July 31, 2011 to July 31, 2012 the following contracts for the preparation of
historic preservation plans:
C-4354
for Whidden's Marina in Boca Grande
C-4355
for the Alva Library/Museum in Alva
(
#20110481-
COMMUNITY DEVELOPMENT)
FUNDING SOURCE:
No additional funding requested.
Program: Planning.
WHAT ACTION ACCOMPLISHES:
Allows the county to extend two existing contracts.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
3. CONSTRUCTION AND DESIGN
A)
ACTION REQUESTED/PURPOSE:
(A) Award and authorize staff to enter into a Construction Manager Agreement for RFQ-
Fowler Construction and
Development
(a local Contractor), for a Guaranteed Maximum Price (GMP) of
$864,314.00 (includes a CM Fee of $52,724.00) or 7.3% of the project with a project
completion time of 154 calendar days and utilizing 100% of local sub-contractors.
(B) Authorize Chair to execute the Construction Management Agreement upon receipt.
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(
#20110444-
CONSTRUCTION AND DESIGN)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Provides a qualified consultant to perform the following: Wrap the existing fishing pier
with fiberglass jackets and inject with epoxy from column line 14 West. Replace existing
railings, restoration of the existing beams, precast planks, and bearing brackets.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
Commissioner Bigelow stated that Consent Agenda Items 3(a), and 7(f) could be addressed collectively, and noted his
long-standing disagreement with the makeup of the Selection Committee. Commissioner Hall moved approval,
seconded by Commissioner Manning, called and carried, with Commissioner Bigelow voting nay.
4. COUNTY COMMISSIONERS
No requests received.
5. COUNTY LANDS
A)
ACTION REQUESTED/PURPOSE:
A) Approve and execute a
utility easement
with STRAP No. 24-45-25-02-00006.0000,
B) Authorize the Division of County Lands the payment to record, in the approximate
amount of $30.00; and to handle all documentation necessary to complete the transaction.
(
#20110460-
COUNTY LANDS)
FUNDING SOURCE:
Spring Training Facility.
WHAT ACTION ACCOMPLISHES:
Training Facility.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Approve and execute a second
utility easement
with STRAP No. 24-45-25-02-00006.0000,
the payment to record, in the approximate amount of $30.00; and to handle all
documentation necessary to complete the transaction. (
#20110480-
COUNTY LANDS)
FUNDING SOURCE:
Spring Training Facility.
WHAT ACTION ACCOMPLISHES:
Training Facility.
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:
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Agreement # C-110307 for the purchase and delivery of Fungicides, Pesticides and
Herbicides for all County departments and divisions.
(2) Approve award to the following companies:
c) Helena Chemical, Forestry Resources (a local vendor)
e) Alligare
At the prices as listed on the attached Tabulation Sheet.
(3) Annual county-wide expenditure is approximately $200,000.00.
(4) The initial term of this bid is one-year; also request authority to renew this bid for
three (3) additional one-year periods; and exercise the price escalator clause if so
#20110435-
PROCUREMENT
MANANGEMENT)
FUNDING SOURCE:
Funding will be available from the individual departments or division’s budget whom will
be responsible for monitoring their individual expenditures.
WHAT ACTION ACCOMPLISHES:
This action will allow will allow County departments and divisions to obtain fungicides,
pesticides and herbicides on an as-needed basis at competitively quoted prices.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
B)
ACTION REQUESTED/PURPOSE:
(A) Approve award of Formal Quotation No. Q-110253 Parking Monitoring Services
for the Division of Facilities Services, to the low quoter meeting specifications, Allegiance
Tabulation Sheet.
(B) The initial term of this quote is one year; also request authority to renew this quote
for four additional one-year periods, at the same terms and conditions, if in the best interest
specifications on an as needed basis.
(C) Funding will come from the individual department or division's budget whom will
be responsible for monitoring their individual expenditures. The Division of Facilities
Services anticipates using approximately 12,000 hours annually for these services.
(
#20110467-
FACILITIES MANAGEMENT)
FUNDING SOURCE:
Fund: General Fund; Program: Facilities Maintenance; Project: Other Contracted
Services.
WHAT ACTION ACCOMPLISHES:
Allows the Division of Facilities Services to monitor the county parking lots.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
C)
ACTION REQUESTED/PURPOSE:
Authorize Chairman to Execute
Agreements (3)
with the Agency for Persons with
Passport Service. One agreement is the standard state agency renewal agreement for the
next three year period, the other two are technical amendments to the current agreement
through April 15, 2011 and then reinstating rates for the period of April 16, 2011 through
June 30, 2011.
the APD Agency for services provided. (
#20110469-
TRANSIT)
FUNDING SOURCE:
Paratransit trip revenue stemming from Medicaid waiver transportation service.
WHAT ACTION ACCOMPLISHES:
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through direct electronic billing.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
D)
ACTION REQUESTED/PURPOSE:
Approve the electronic submission of Federal Transit Administration Section USC 5316
Job Access Reverse Commute grant application and authorizing resolution accepting the
Fiscal Year 2011 apportionment $188,758. Upon approval by the FTA, authorize
execution of the grant agreement and allow for receipt and or modification of funding
under this agreement. (
#20110471-
TRANSIT)
FUNDING SOURCE:
100% federally funded.
WHAT ACTION ACCOMPLISHES:
Allows LeeTran to access federal grant funds apportioned annually for administration,
planning and implementation of grant activities related to the FTA USC Section 5316
JARC grant program.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NO. 11-06- 06
E)
ACTION REQUESTED/PURPOSE:
Approve the electronic submission of Federal Transit Administration Section USC 5317
New Freedom grant application and authorizing resolution accepting the Fiscal Year 2011
apportionment $144,098. Upon approval by the FTA, authorize execution of the grant
agreement and allow for receipt and or modification of funding under this agreement
(
#20110472-
TRANSIT)
FUNDING SOURCE:
100% federally funded.
WHAT ACTION ACCOMPLISHES:
Allows LeeTran to access federal grant funds apportioned annually for administration,
planning and implementation of grant activities related to the FTA USC Section 5317 New
Freedom grant program.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NO. 11-06-07
F)
ACTION REQUESTED/PURPOSE:
A) Concur with the selection of Construction Managers by the Qualification Selection
Committee for RFQ-11-05, Annual Contract for Construction Management, and authorize
staff to negotiate on a project-by-project basis the percentage of the CM fees and the
Guaranteed Maximum Price (GMP) with the following nine (9) firms:
AIM Construction
;
;
Stevens Construction
Inc.
;
; and
This contract will be for a
period of two (2) years.
B) Authorize Chair to execute Agreement on behalf of the Board upon receipt.
(
#20110473-
PROCUREMENT MANAGEMENT)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Provides the County with several Construction Managers, which will provide any and all
services on an as-needed, project-by-project basis under the construction management
process for projects between $100,000.00 through $1,000,000.00.
MANAGEMENT RECOMMENDATION:
Approval.
287
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PULLED FOR DISCUSSION
Commissioner Bigelow stated that Consent Agenda Items 3(a), and 7(f) could be addressed collectively, noting that he
had expressed his long-standing disagreement with the makeup of the Selection Committee. Commissioner Hall
moved approval, seconded by Commissioner Manning called and carried, with Commissioner Bigelow voting nay.
8. NATURAL RESOURCES/ SOLID WASTE
No requests received.
9. PARKS AND RECREATION
No requests received.
10. PUBLIC SAFETY
A)
ACTION REQUESTED/PURPOSE:
Authorize Chairman to approve a
Certificate of Public Convenience and Necessity
an independent special district, to conduct
advance life support (ALS) transport service for neonatal and pediatric transports.
(
#20110453-
PUBLIC SAFETY)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Grants the applicant license to provide ALS service in accordance with State law and
MANAGEMENT RECOMMENDATION:
Staff recommends approval.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Authorize Chairman to approve a
Certificate of Public Convenience and Necessity
department to conduct advance life support (ALS) non-transport service, emergency
medical care. (
#20110459-
PUBLIC SAFETY)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Grants the applicant license to provide ALS non-transport service in accordance with State
MANAGEMENT RECOMMENDATION:
Management recommends approval.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
C)
ACTION REQUESTED/PURPOSE:
Approve
Modification to state-funded subgrant agreement 07-EC-33-09-46-01-490
with
$1,480,839 to April 20, 2012 and federal funds for Phase I of $70,274 to May 2, 2012.
Approve additional federal funds for Phase II, Construction in the amount of $3,080,332.
Approve budget resolution in the amount of $3,080,332 and
two (2) budget transfers
in the
reduced amount of $3,080,332 and amend FY10-11 CIP accordingly. (
#20110450-
PUBLIC SAFETY)
FUNDING SOURCE
Emergency Operations Center. This action does not increase the total project budget.
WHAT ACTION ACCOMPLISHES
Provides an extension and additional grant funds to offset preliminary and constructions
costs of a new EOC.
MANAGEMENT RECOMMENDATION
Approve.
PULLED FOR DISCUSSION
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Commissioner Mann noted that he had objected to the Emergency Operations Center (EOC) in the past and expressed
he would be consistent with his objection. Commissioner Bigelow also stated that he could not support this item.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried with Commissioners
Mann and Bigelow voting nay.
RESOLUTION NO. 11-06-08
D)
ACTION REQUESTED/PURPOSE:
Approve and execute the
Emergency Management Preparedness and Assistance (EMPA)
Base Grant Agreement
a $105,806.00 grant to enhance the county's emergency management program. Authorize
the continuation of two grant funded full-time employees. Approve Budget Amendment
Resolution in the general fund for FY11 in the amount of $105,806.00 and approve the
expenditures in the like amount. (
#20110451-
PUBLIC SAFETY)
FUNDING SOURCE
WHAT ACTION ACCOMPLISHES
Furnishes funding to improve the county’s emergency program in a manner consistent with
the State Emergency Management Plan and supporting programs.
MANAGEMENT RECOMMENDATION
Staff recommends approval of request.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NO. 11-06-09
E)
ACTION REQUESTED/PURPOSE:
Approve and execute an
Management
which provides a $129,065.00 grant to enhance the county's emergency
management program. Approve Budget Amendment Resolution in the general fund for
FY11 in the amount of $129,065.00 and approve the expenditures in the like amount.
(
#20110452-
PUBLIC SAFETY)
FUNDING SOURCE
WHAT ACTION ACCOMPLISHES
Furnishes funding to improve the county’s emergency program in a manner consistent with
the State Emergency Management Plan and supporting programs.
MANAGEMENT RECOMMENDATION
Staff recommends approval of request.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NO. 11-06-10
F)
ACTION REQUESTED/PURPOSE:
Approve
County Commissioners for Intra and Inter-facility transport services.
(
#20110466-
PUBLIC SAFETY)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
11. PUBLIC WORKS ADMINISTRATION
No requests received.
12. TRANSPORTATION
A)
ACTION REQUESTED/PURPOSE:
o Approve
Change Order No. 6
to SR 82, to Posen Construction, Contract No. 4775, in the amount of $167,558.10.
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o Authorize Chair to execute Change Order on behalf of the Board (
#20110429-
TRANSPORTATION)
FUNDING SOURCE
Boulevard.
WHAT ACTION ACCOMPLISHES
Compensates Contractor for substituting asphalt base, spread footer foundations for street
lights and installation of a modified drill shaft for Mast Arm #6. This additional work is
the work.
MANAGEMENT RECOMMENDATION
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
13. UTILITIES
A)
ACTION REQUESTED/PURPOSE:
FDOT Signature Authorizations (BS 20110433/19886, TH/SDG): Authorize Chair, on
behalf of the Board, to approve a new
"Delegation and Special Power of Attorney" form
"OWNER" on specific documents required by the Florida State Department of
Transportation (FDOT), relating to utility relocations and improvement work located in
FDOT rights-of-way. (
#20110433-
UTILITIES)
FUNDING SOURCE
No funds required.
WHAT ACTION ACCOMPLISHES
formalization of those persons authorized to execute any FDOT documents on behalf of
MANAGEMENT RECOMMENDATION
Approval.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
14. COUNTY ATTORNEY
No requests received.
15. HEARING EXAMINER
No requests received.
16. CONSTITUTIONAL OFFICERS
A)
ACTION REQUESTED/PURPOSE:
funding through the Bulletproof Vest Partnership grant issued by the Bureau of Justice
Assistance. (
#20110483-
SHERIFF)
FUNDING SOURCE:
Bureau of Justice Assistance.
WHAT ACTION ACCOMPLISHES:
Federal regulations controlling the grant require authorization for application from the
Board of County Commissioners. Authorization affords the LCSO the opportunity to
purchase bulletproof vests with grant funds.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
B)
ACTION REQUESTED/PURPOSE:
$1,092,052.91.
(#20110484-
SHERIFF)
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FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Operation Stonegarden. Funding is intended to enhance cooperation and coordination
among local, tribal, territorial, state and federal law enforcement agencies in a joint
mission to secure the U.S. borders along routes of ingress from international borders.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, 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 May 30 through June 3, 2011.
May 31, 2011 (Regular)
(
#20110487-
MINUTES)
FUNDING SOURCE:
Not Applicable.
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.
D)
ACTION REQUESTED/PURPOSE:
Approve
disbursements.
The check and wire registers can now be viewed on the Clerk's
(
#20110488-
FINANCE)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Florida Statute Chapter 136.06 (1) requires that all County disbursements be recorded in
the Minutes of the Board.
MANAGEMENT RECOMMENDATION:
Compliance with the requirements of FS 136.06(1).
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
No requests received.
ADMINISTRATIVE AGENDA
1. COUNTY ADMINISTRATION
A)
ACTION REQUESTED/PURPOSE:
number 10-CA-004224 in the amount of $80,000 inclusive of attorney's fees, and costs.
(
#20110454-
COUNTY MANAGER)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Resolves this case prior to trial, limiting the County’s exposure.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried.
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B)
ACTION REQUESTED/PURPOSE:
Approve the early payment of the principal balance of $34,090,000 for the Solid Waste
System Refunding Bonds, Series 2001. Also approve
budget transfers
and resolution.
(
#20110458-
COUNTY MANAGER)
FUNDING SOURCE:
Solid Waste System Reserves.
WHAT ACTION ACCOMPLISHES:
Allows the debt to be paid early, saving $2,861,931 in interest costs.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning. Following Solid Waste Director Lindsey
Sampson and Assistant County Manager Pete Winton responding to inquiry regarding reserves by Commissioner
Bigelow, the motion was called and carried.
RESOLUTION NO. 11-06-11
2. COMMUNITY DEVELOPMENT
No requests received.
3. CONSTRUCTION AND DESIGN
No requests received.
4. COUNTY COMMISSIONERS
No requests received.
5. COUNTY LANDS
No requests received.
6. HUMAN SERVICES
No requests received.
7. INDEPENDENT
No requests received.
8. NATURAL RESOURCES/ SOLID WASTE
No requests received.
9. PARKS AND RECREATION
No requests received.
10. PUBLIC SAFETY
No requests received.
11. PUBLIC WORKS ADMINISTRATION
No requests received.
12. TRANSPORTATION
No requests received.
13. UTILITIES
No requests received.
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14. COUNTY ATTORNEY
No requests received.
15. HEARING EXAMINER
No requests received.
16. CONSTITUTIONAL OFFICERS
No requests received.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
No requests received.
9:30 A.M. AGENDA ITEM –
Public Hearing
1. ACTION REQUESTED/PURPOSE:
Approve Resolution amending Resolution No. 05-11-81 adopted on November 29, 2005
and amended by Resolution No. 11-04-27 on April 12, 2011, to designate two Port
Authority managerial or policy-making positions within the Florida Retirement System
Executive Director position to Deputy Executive Director - Aviation. (
#20110431-
COUNTY ATTORNEY)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Allows FRS to add the positions of Deputy Executive Director - Administration and
Deputy Executive Director - Development to the SMSC and re-designate the Deputy
Executive Director position to Deputy Executive Director - Aviation.
MANAGEMENT RECOMMENDATION:
Approve Resolution.
Assistant County Attorney Greg Hagan approved, as to legal form and sufficiency, the Affidavit of Publication for this
item, and briefly described the request. Following response by Attorney Hagan to Commissioner Bigelow’s
procedural inquiry, Commissioner Judah moved approval, seconded by Commissioner Manning. The Chairman
called for public comment; however, no one came forward. The motion was called and carried
RESOLUTION NO. 11-06-12
2. ACTION REQUESTED/PURPOSE:
Conduct a Public Hearing and consider the adoption of an ordinance repealing and
Towing Ordinance and the adoption of the Resolution establishing the maximum rate
schedule. (
#20110468-
COUNTY ATTORNEY)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
rate schedule.
MANAGEMENT RECOMMENDATION:
Adopt Ordinance.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
The 9:30 a.m. Public Hearing No. 2 should be deferred until September 13, 2011, in order to received further input
from law enforcement and the towing industry. Commissioner Manning moved approval, seconded by Commissioner
Hall, called and carried.
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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.
Assistant County Attorney Dawn Perry-Lehnert approved, as to legal form and sufficiency, the Affidavit of
Publication for this item, and briefly described the request. Commissioner Hall moved approval, seconded by
Commissioner Judah. The Chairman called for public comment; however, no one came forward. The motion was
called and carried. The Ordinance adopted by the Board and filed was
ENTITLED:
19 KNOWN AS THE CHILD SAFETY ZONE ORDINANCE PROVIDING FOR A
TITLE, LEGISLATIVE FINDINGS AND INTENT; APPLICABILITY; DEFINITIONS;
PROHIBITING SEXUAL PREDATORS AND OFFENDERS FROM BEING
PRESENT, LOITERING OR PROWLING WITHIN 300 FEET OF CERTAIN
SPECIFIED LOCATIONS THAT ARE PRIMARILY DESIGNED FOR USE BY, OR
ARE PRIMARILY USED BY CHILDREN OR ARE LOCATIONS WHERE
CHILDREN CONGREGATE; PROVIDING FOR EXCEPTIONS TO THE
PROHIBITION; DISTANCE MEASUREMENT; VIOLATIONS; PENALTIES;
ENFORCEMENT; PREEMPTION AND SUNSET; CONFLICTS OF LAW;
SEVERABILITY; CODIFICATION; SCRIVENER’S ERRORS AND AN EFFECTIVE
DATE.
WALK-ON ITEM NO. 1 WAS PRESENTED DURNIG THE CEREMONIAL PRESENTATIONS
WALK-ON ITEM NO. 1
1. ACTION REQUESTED/PURPOSE:
Form-Based Code Institute’s 2011 Driehaus Form-Based Codes Award presentation to the Board.
(
#20110527-
COMMISSIONER BIGELOW)
Commissioner Bigelow presented three awards of the Form–Based Code Institute’s 2011 Driehaus Form-Based Codes
Award to the Board, Management and Community Development Planners, and County Attorney’s Office. On behalf
COMMISSIONER ITEMS
NACO would be awarding Lee County the Achievement Award for Criminal Case Management and the designation
of Best in the category of court administration and management. She informed that the award would be presented at
the annual meeting in July 2011, and thanked all involved.
BEAUTIFUL EAGLE – Commissioner Bigelow commented that the sculpted eagle on the old oak tree
is beautiful.
County Attorney to make an inquiry into the resignation of a staff member. County Attorney Michael Hunt provided
legal opinion during the discussion. Commissioner Judah informed that he had personally met with Mr. Wingard and
confirmed that Mr. Wingard has chosen to leave the employment of Lee County. The motion died for lack of a
second.
COMMITTEE APPOINTMENTS
BOCA
GRANDE HISTORIC PRESERVATION BOARD,
seconded by Commissioner Hall, called and carried.
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COUNTY MANAGER ITEMS
two (2) thank you letters
to be signed by the Chairman
be sent to the Legislative Delegation members for working to preserve funding for Lee County projects.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
COUNTY ATTORNEY ITEMS
The Chairman recessed the meeting until 5:00 p.m. The Chairman called the meeting back to order at 5:00 p.m. with
all Commissioners present with the exception of Commissioner Hall who was excused due to a scheduling conflict.
Commissioner Bigelow arrived at 5:15 p.m.
5:00 P.M. AGENDA ITEM -
Public Hearing
1. ACTION REQUESTED/PURPOSE:
Conduct a public hearing; adopt an ordinance amending the Land Development Code to
update the Road Impact Fee Regulations set forth in Chapter 2 of the Code. (
#20110479-
COUNTY ATTORNEY)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Satisfies statutory requirement to hold a public hearing to adopt an ordinance that does not
affect the list of permitted uses within a zoning district. If adopted, the Ordinance will
establish a new fee schedule for road impact fees and amend Chapter 2 of the Code.
MANAGEMENT RECOMMENDATION:
Adopt the Ordinance.
Assistant County Attorney Michael Jacob approved, as to legal form and sufficiency, the Affidavit of Publication for
this item, and briefly described the request. At the request of the Chair, Community Development Director Mary
Gibbs provided an update on the Road Impact Fee Study and noted that the average decrease was 27% in Impact Fees
due to lower construction cost and less travel because of economic conditions. Also, the Medical Impact Fees had
been consolidated into the Office Impact Fee rate, resulting in a substantial permanent reduction. The Chairman
called for public comment; and the following concerned citizens came forward:
Gary Verwitt
WCI Communities Planning, and Permitting Director
Heather Mazurkiewicz
Jim McMeneme
Sun Country Homes owner
Estero representative
Kate Gooderham
Bob Himschoot
Alva resident
At the request of Commissioner Manning, Ms. Gibbs reviewed the various committees’ recommendations. In
response to Commissioner Judah’s request, Transportation Planning Manager Dave Loveland clarified the possibility
of funding state roads. Commissioner Manning moved to amend the Impact Fee Ordinance as recommended by the
consultant and county staff which includes the 27% reduction, the Medical Office consolidation and the High-Cube
seconded by Commissioner Judah. Following brief comments by the Chair, the motion was called and carried, with
Commissioner Hall absent. The Ordinance adopted by the Board and filed was
11-06 ENTITLED:
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CHAPTER 2; ARTICLE VI, IMPACT FEES, DIVISION 2, ROADS IMPACT FEES.
THE AMENDMENTS PROPOSE TO REVISE THE ROAD IMPACT FEE
SCHEDULE IN ADDITION, REVISIONS ARE PROPOSED TO PROVISIONS
FEE CREDITS.
Commissioner Manning noted that he would be at the FACC and would inquire about the 20 other Counties that have
reduced their fees or have put a moratorium on Impact Fees, and would report back to the Board. There was Board
consensus.
5:05 P.M. AGENDA ITEM -
Public Hearing
1. ACTION REQUESTED/PURPOSE:
Development Code (LDC) Chapters 1, 2, 10, 12, 14, 22, 30, 33, and 34; Direct the
proposed ordinance to a second public hearing on August 9, 2011 at 9:30 a.m. in the
Commission Chambers. (
#20110482-
COUNTY ATTORNEY)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Satisfies the Board policy to hold two public hearings to amend the LDC when a change to
permitted or prohibited uses is proposed. If adopted, the regulations will establish
Countywide standards.
MANAGEMENT RECOMMENDATION:
Approve.
Assistant County Attorney Michael Jacob approved as to legal form and sufficiency, the Affidavit of Publication for
this item; and entered it into the record. Attorney Jacob noted that there was one amendment proposed by a citizen
and Staff does not recommend approval, and requested Board to take that up now rather than the 2
nd
Hearing. The
Chairman called for public input; and the following citizens came forward:
Attorney
Charles Basinait,
Pararons LLP representative
Lehigh Acres resident and Frog’s Auto Repair owner
Logic and Reason representative
Sun Country Homes owner
Verizon Wireless representative
Laura Belflower
Attorney
of the Pavese Law firm
Following clarifying comments by Community Development Director Mary Gibbs, Commissioner Judah moved the
item to the 2
nd
Public Hearing on August 9, 2011 at 9:30 a.m., seconded by Commissioner Manning, called and
carried, with Commissioner Hall absent.
The Chairman adjourned the meeting at 6:30 p.m.
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