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BOOK - 2011R - B.O.C.C.------------------------------------
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MAY 10, 2011
The
Regular Meeting
of the
was held on this date with the
following Commissioners present:
Cottrell, Cypress Lake Presbyterian Church, followed by the Pledge of Allegiance.
PRESENTATIONS
THE PRESENTATIONS WERE NOT HEARD IN AGENDA ORDER
Commissioner Mann, on behalf of Commissioner Bigelow, read and presented a Ceremonial
Resolution proclaiming May 14, 2011 as Letter Carriers National Food Drive Day in Lee County, and urging citizens
to participate in this worthy cause. Letter Carrier George Sciascia, together with Harry Chapin Food Bank Associate
Director Joyce Jacobs and a representative from the National Rural Letter Carriers Association accepted the
Resolution, urged continued support, and thanked the United Way Volunteers and the Board.
(
#20110357-
Commissioner Bigelow)
Commissioner Manning read and presented a Ceremonial Resolution proclaiming May 9-15, 2011 as
Salvation Army Week in Lee County, and urging all citizens to join in honoring the dedicated men and women who
work or volunteer for this fine organization and touch the lives of so many. Director of the Bob Janes Triage Center
Tim McCormick and Salvation Army Ministry representative Jay Deaton on behalf of General Manager Meg Geltner
accepted the Resolution, and thanked the Board. (
#20110358-
Commissioner Manning)
Commissioner Hall read and presented a Ceremonial Resolution proclaiming Thursday, May 12, 2011
as Cape Coral Construction Industry Association Day (CCCIA) in Lee County, and commending CCCIA on their 40
th
PARADISE
Johnson, Executive Director Heather Mazurkiewiez, Board Member Joseph Francioni, Horizon Council Board
Member Bob Ryan, together with CCCIA past presidents accepted the Resolution and Mr. Johnson expressed thanks
to the Board for this recognition. (
#20110359-
Commissioner Hall)
ANNOUNCEMENTS
Referring to the
Agenda Recap Sheet dated May 10, 2011,
the Chairman announced that:
One Walk-On and one Carry-Over item would be taken up at the appropriate time.
9:30 A.M. AGENDA ITEM
- Public Comment on Agenda Items
Consent (C) and Administrative (A)
There were no Consent Agenda items identified by individual Board members for discussion. :
CONSENT AGENDA
1. COUNTY ADMINISTRATION
No requests received.
2. COMMUNITY DEVELOPMENT
No requests received.
3. CONSTRUCTION AND DESIGN
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A)
ACTION REQUESTED/PURPOSE:
Approve
Supplemental Task Authorization (STA) No. 1,
Site Remediation Project under CN-10-04 County-wide Environmental Contract (Water
quality & hydrological impacts, site assessments, site remediation), to American
amount of $140,000.00. Also, authorize Chair to execute Supplemental Task
Authorization (STA) on behalf of Board upon receipt.
(
#20110275-
CONSTRUCTION AND DESIGN)
FUNDING SOURCE:
Project: County Wide Fuel Facilities.
WHAT ACTION ACCOMPLISHES:
To perform the necessary remedial actions and post remediation groundwater monitoring
to result in site closure and achieve No Further Action (NFA) status.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried with Commissioner
Bigelow absent.
B)
ACTION REQUESTED/PURPOSE:
Approve, and authorize the Chair to execute,
Change Order No. 6
to Contract #4837, under
amount of $18,000.00. (
#20110347-
CONSTRUCTION AND DESIGN)
FUNDING SOURCE:
Fund - Tourist Development Rev Bond 2010B Constr; Program - Capital Project; Project -
Red Sox Stadium.
WHAT ACTION ACCOMPLISHES:
To provide energy modeling as required for LEED study.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried with Commissioner
Bigelow absent.
4. COUNTY COMMISSIONERS
No requests received.
5. COUNTY LANDS
A)
ACTION REQUESTED/PURPOSE:
Approve
Easement Purchase Agreement
for acquisition of a Public Waterline Utility, part
Inc., in the amount of $1,000.00; located in Tract B of the Caloosa Trace Unit 1
Subdivision, for the Alico Loop Water Main Extension (Capri Drive to Caloosa Trace
Circle) Project 7094. Also, authorize the 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 transaction. (
#20110332-
COUNTY LANDS)
FUNDING SOURCE:
Improvements.
WHAT ACTION ACCOMPLISHES:
Acquires a permanent waterline utility easement for construction of the Water Main
Extension (Capri Drive to Caloosa Trace Circle) Project.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried with Commissioner
Bigelow absent.
6. HUMAN SERVICES
A)
ACTION REQUESTED/PURPOSE:
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1) Approve revised criteria for the FY 2011-2012 Partnering for Results (PFR) process as
detailed in the backup material to this item;
2) Approve set aside of Partnering for Results funding to meet the State child care match
requirement for income eligible/working poor;
3) Authorize 7.5% of allocated funds be set aside for the implementation of the 10 Year
Plan to End Homelessness. (
#20110333-
HUMAN SERVICES)
FUNDING SOURCE:
FY 2011-2012 General Fund dollars to be allocated for Partnering For Results to be
determined during the budget process and subject to availability of County general funds.
WHAT ACTION ACCOMPLISHES:
Provides policy for the Partnering for Results Proposal process.
MANAGEMENT RECOMMENDATION:
Authorize staff to revise criteria and move forward with the Request for Proposals (RFP)
process with the caveat that funds may not be available or may be significantly decreased
based on the availability of County general funds.
Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried with Commissioner
Bigelow absent.
7. INDEPENDENT
A)
ACTION REQUESTED/PURPOSE:
A) Approve
Addendum to the Construction Manager (CM) Agreement
under RFQ 09-06
Annual Contract for Construction Management, for CIP Project #208872 Edison Mall
Transfer Center, to Brooks & Freund, LLC (a local contractor), Contract #4801, for a
Guaranteed Maximum Price of $962,850.00 (which includes the CM Fee of $59,294.00 or
7.12%) with a total completion time of 180 days, utilizing approximately 90% of local
vendors.
B) Approve waiving of the formal process (if needed) and authorize the use of Direct
allows the County to purchase directly from suppliers of equipment and/or materials as a
cost/time saving measure.
C) Authorize the Chair to execute the CM agreement upon receipt.
D) Approve funds in the amount of $211,676.00 for project related services and
equipment not included in the design of the Construction Manager's contract. Total Project
cost is $1,174,526.00.
E) Approve a CIP Budget Amendment Resolution for the grant funds from FDOT in the
amount of $587,263.00.
F) Approve a
budget transfer
from Capital Improvement Reserves in the amount of
$587,263.00. Also amend the FY11-12 CIP Budget accordingly. (
#20110329-
TRANSIT)
FUNDING SOURCE:
Fund: Capital Improvement; Program: CIP – Edison Mall.
WHAT ACTION ACCOMPLISHES:
Transfer Center, Project #208872 and compensates Contractor for miscellaneous costs
associated with the project and provides appropriate funding.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried with Commissioner
Bigelow absent.
RESOLUTION NO. 11-05-03
8. NATURAL RESOURCES/ SOLID WASTE
No requests received.
9. PARKS AND RECREATION
No requests received.
10. PUBLIC SAFETY
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No requests received.
11. PUBLIC WORKS ADMINISTRATION
No requests received.
12. TRANSPORTATION
A)
ACTION REQUESTED/PURPOSE:
1) Approve, and authorize the Chair to execute,
Change Order No. 13 to Contract No.
2039,
to project CN-01-17 Koreshan Boulevard Extension, to PBS&J, , in the not-to-
exceed amount of $11,250.00. (
#20110300-
TRANSPORTATION)
FUNDING SOURCE:
Estero Parkway Extension.
WHAT ACTION ACCOMPLISHES:
Compensates Consultant for the update of the Estero Parkway landscaping plans in order
for the project to be bid and provides post design support during construction.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried with Commissioner
Bigelow absent.
B)
ACTION REQUESTED/PURPOSE:
Approve a
budget transfer
the Estero Parkway Extension Project #205021 to the County Road 951 Extension Project
#204078 in the amount of $42,000.00. Also, amend the FY 2010/2011-2014/2015 CIP
accordingly. (
#20110339-
TRANSPORTATION)
FUNDING SOURCE:
Road 951 Extension.
WHAT ACTION ACCOMPLISHES:
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried with Commissioner
Bigelow absent.
13. UTILITIES
A)
ACTION REQUESTED/PURPOSE:
Refund (BS 20110327/19777, CBA/SDG): Authorize the refund of $1,872,016.80 to the
City and paid to the County during the period of time the County provided wholesale
Boulevard, January 2004-October 2010.
Also, approve a $242,775.00
transfer
from reserves for a portion of this refund.
(
#20110327-
UTILITIES)
FUNDING SOURCE:
Fund Name: LCU – Water Connection Fees.
WHAT ACTION ACCOMPLISHES:
termination of the agreement. The water connection was closed October 1, 2010 when the
City began providing water service to the area. In the future, the water connection will be
used as an emergency interconnect.
MANAGEMENT RECOMMENDATION:
Approve.
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Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried with Commissioner
Bigelow absent.
B)
ACTION REQUESTED/PURPOSE:
A) Approve, and authorize the Chair to execute,
Supplemental Task Authorization No. 2
Inspection Services to Hazen and Sawyer, PC, for the project known as Three Oaks Reuse
System Augmentation, in the amount of $14,000.00. (
#20110344-
UTILITIES)
FUNDING SOURCE:
Reuse System Augmentation.
WHAT ACTION ACCOMPLISHES:
Provides for additional design services to accommodate a change in project scope.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried with Commissioner
Bigelow absent.
14. COUNTY ATTORNEY
A)
ACTION REQUESTED/PURPOSE:
Approve and authorize the execution and recording of an
Agreement between the Copper
Association for traffic control purposes. (
#20110331-
COUNTY ATTORNEY)
FUNDING SOURCE:
No funds required.
WHAT ACTION ACCOMPLISHES:
An Agreement for the County's exercise of jurisdictional control over private roadways
must be approved and executed by the Board pursuant to Florida Statutes.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried with Commissioner
Bigelow absent.
B)
ACTION REQUESTED/PURPOSE:
Request permission to advertise and conduct a public hearing to direct an amendment to
of alcoholic beverages on County park property on May 24, 2011 at 9:30 a.m. or as soon
thereafter as it may be heard. (
#20110350-
COUNTY ATTORNEY)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Satisfies the statutory requirement to hold one public hearing to amend an Ordinance that
does not affect the use of land. If adopted, the amendment will clarify the regulatory
permitting requirements applicable to the sale, service and consumption of alcoholic
beverages on County park property.
MANAGEMENT RECOMMENDATION:
County staff recommends approval of the amendment.
Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried with Commissioner
Bigelow absent.
15. HEARING EXAMINER
No requests received.
16. CONSTITUTIONAL OFFICERS
A)
ACTION REQUESTED/PURPOSE:
Approve the Minutes for the following meetings of the Board of County Commissioners
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held during the week of April 25 through April 29, 2011:
April 26, 2011 (Regular)
(
#20110352-
MINUTES)
FUNDING SOURCE:
Not Applicable.
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 with Commissioner
Bigelow absent.
B)
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.
(
#20110353-
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 Judah moved approval, seconded by Commissioner Hall, called and carried with Commissioner
Bigelow absent.
C)
ACTION REQUESTED/PURPOSE:
Approve disbursement of excess funds resulting from the sale of tax deed certificates to the
following claimants verified and certified under Florida Statutes 197.582.
Tax Deed No.
2007-000491
2007-000564
2010-001526
2010-001571
Payee
Amount
$3,570.26
$4,248.00
$29.10
$466.53
(
#20110354-
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 an appropriate claimant in
compliance with statutory rules and requirements.
MANAGEMENT RECOMMENDATION:
Approve disbursement to identified claimants.
Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried with Commissioner
Bigelow absent.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
No requests received.
ADMINISTRATIVE AGENDA
1. COUNTY ADMINISTRATION
No requests received.
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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.
14. COUNTY ATTORNEY
No requests received.
15. HEARING EXAMINER
No requests received.
16. CONSTITUTIONAL OFFICERS
A)
ACTION REQUESTED/PURPOSE:
Appoint two members of the Board of County Commissioners and one citizen
representative to serve on the 2011 Value Adjustment Board (VAB). The organizational
meeting of the VAB will be held on a date yet to be determined. (
#20110356-
MINUTES)
FUNDING SOURCE:
N/A.
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WHAT ACTION ACCOMPLISHES:
Provides a citizen representative for the 2011 Value Adjustment Board (VAB), and
identifies the two Board of County Commissioners representatives for the VAB as required
by Florida Statute §194.015.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved to appoint Commissioners Bigelow and Manning as Board representatives on the 2011
VAB, seconded by Commissioner Hall, called and carried with Commissioner Bigelow absent. Commissioner Judah
moved to appoint Alan Garges as the citizen representative to the VAB, seconded by Commissioner Manning, called
and carried.
B)
ACTION REQUESTED/PURPOSE:
execute (sign) tax returns for the year ended September 30, 2010. No funds are required.
(#20110355-FINANCE)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Federal and state laws require that corporations file income tax returns. Signing the tax
returns and filing them with the respective authorities will serve as compliance with federal
and state laws.
MANAGEMENT RECOMMENDATION:
Compliance with federal and state laws.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
No requests received.
WALK-ON ITEM NO. 1
12. TRANSPORTATION
1. ACTION REQUESTED/PURPOSE:
Approve BW-11-04 TransCore for an annual expenditure of up to $400,000.00 to cover
Toll System, and enter into a
Service Provider Agreement,
for a contract period of 5
years, with an escalation not to exceed 2.75% annually (subject to funds being available
through each fiscal year). Authorize Chair to execute the Agreement upon receipt.
(#20110343-
TRANSPORTATION)
REASON FOR WALK ON:
The contract is at the end of its duration so it is necessary that it be approved as soon as
possible to avoid service interruption at our toll facilities.
Commissioner Judah moved approval, seconded by Commissioner Manning. Following a review of the expenditure
by Deputy DOT Director Paul Wingard as requested by Commissioner Mann, the motion was called and carried with
Commissioner Bigelow absent.
CARRY-OVER ITEM NO. 1
1. ACTION REQUESTED/PURPOSE:
Approve the
Right of Entry and Use Agreement
Board of County Commissioners.
(
#20110324-
REASON FOR CARRY OVER:
This item was deferred for one week at the May 3, 2011 Board meeting.
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Commissioner Judah moved approval of staff’s request to defer this item for not more than two weeks, seconded by
Commissioner Manning, called and carried with Commissioner Bigelow absent.
COMMISSIONER ITEMS
Commissioner Judah would be meeting with the USACE next week on Lee County interests, and thanked Chairman
Mann for sending a letter to Colonel Alfred Pantano, Commander of the Jacksonville District, and for Colonel
Pantano’s personal response. She expressed appreciation to staff on their efforts, and Chairman Mann confirmed that
staff should continue to follow up on Colonel Pantano’s suggestion to meet with the South Florida Water Management
Department (SFWMD). Commissioner Judah also expressed appreciation of Col. Pantano and his scientific approach,
while suggesting that the SFWMD Governing Board be strongly urged to discontinue support of special interests like
the sugar industry, and support minimum flows to protect Lee County’s ecological interests. Commissioner Judah
received Board consensus to work with staff on a draft response to Colonel Pantano insisting that the USACE
immediately re-evaluate the 2008 Lake Okeechobee Rate Schedule.
were recent presenters at this awards ceremony and Terry Tincher with Studio 39 in downtown Fort Myers was named
benefactor of the year. She expressed thanks to those who support the arts, and reminded of an upcoming exhibit by
our local school children at the Southwest Florida International Airport.
SALVATION ARMY STORE OPENING – Commissioner Hall advised of the opening of a new store
by the Salvation Army at the intersection of U.S. 41 and Boy Scout, and urged community support.
the National Swim Center – Phase 1 construction: several outdoor pools at their cost of $18.2 million; $100,000.00 in
annual lease payments; and posting of a performance bond insuring that the facility would be converted back to a
stadium configuration if the swim program did not work. He urged continuing discussions toward a resolution before
the summer Board recess. County Manager Karen Hawes advised that Economic Development Director Jim Moore
and City of Fort Myers staff have met with Swim Center representatives, and that a letter requesting further
information is intended to be sent this week with a copy disbursed to the Board. Commissioner Judah also requested
community meetings be scheduled, and was assured that staff is moving diligently forward.
Commission Chairman, Russell Echols, sent a letter of appreciation for Lee County’s assistance with fire fighting
resources during a recent fire in Muse.
regarding the adjacent mining operation. Commissioner
Judah moved approval to send the letter, seconded by Commissioner Manning, called and carried with Commissioner
Bigelow absent.
HISTORIC OAK SAPLINGS – Commissioner Mann presented pictures and an update of baby oak
trees growing from acorns gathered from the historic oak tree in front of the old Courthouse. He advised they are
available to interested schools and citizens for planting. He further noted that the selected artist would begin his work
on the trunk in early June.
SEPTIC TANK LEGISLATION UPDATE – Commissioner Judah received an update by Assistant
County Manager Holly Schwartz after clarification by Lee County’s lobbyist that none of the Septic Tank Legislation
passed and the Department of Health was not to spend any monies on this program unless approved by the Legislative
Budget Commission. After discussion, there was Board consensus to continue the septic inventory and go in with a
pilot program notwithstanding lack of direction by the Legislature.
COMMITTEE APPOINTMENTS
EAGLE TECHNICAL
COMMITTEE,
LOCHMOOR STREETLIGHTING UNIT
, seconded by
Commissioner Manning, called and carried with Commissioner Bigelow absent
BOCA GRANDE HISTORIC PRESERVATION
BOARD
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, seconded by Commissioner Hall, called and carried with Commissioner Bigelow absent.
CORKSCREW ROAD SPECIAL
IMPROVEMENT UNIT
EAGLE TECHNICAL COMMITTEE,
. Commissioner
Manning moved approval, seconded by Commissioner Judah, called and carried with Commissioner Bigelow absent.
COUNTY MANAGER ITEMS
that County Lands Director Karen Maguire would update the Board on the Mound Key acquisition. Ms. Maguire
advised the Board of the end of negotiations between Florida Department of Environmental Protection (FDEP) and
the owners of Mound Key over the appraisal amount of $650,000.00 and the $2,780,000.00 asking price. There was
consensus that this unique property was ecologically valuable and should be under public ownership and dialogue
should remain open.
COUNTY ATTORNEY ITEMS
Following Board discussion on the scheduling of the 5:00 p.m. and 5:05 p.m. Public Hearings, Commissioner Judah
moved to continue the hearings, due to lack of a quorum, until the next available date, seconded by Commissioner
Hall, called and carried with Commissioner Bigelow and Commissioner Manning absent.
5:00 P.M. AGENDA ITEM -
Public Hearing
1. 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". (#
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.
5:05 P.M. AGENDA ITEM
Public Presentation of Matters by Citizens.
Following Board discussion on the scheduling of the 5:00 p.m. and 5:05 p.m. Public Hearings, Commissioner Judah
moved to continue the hearings, due to lack of a quorum, until the next available date, seconded by Commissioner
Hall, called and carried with Commissioner Bigelow and Commissioner Manning absent.
The Chairman adjourned the meeting at 10:31 a.m.
__________________________
__________________________________________