Search terms: * |
BOOK - 2011R - B.O.C.C.-----------------------------------
-----------------------------------------
-------------------------------------- PAGE: 340
AUGUST 9, 2011
The
Regular Meeting
of the
was held on this date with the
following Commissioners present:
The Chairman called the meeting to order at 9:30 a.m. The Invocation was given by Pastor A. J.
Neugebauer, followed by the Pledge of Allegiance to the Flag.
ANNOUNCEMENTS
Referring to the Agenda
Recap Sheet
dated August 9, 2011, the Chairman announced that:
For Consent Agenda Item 12(b), the following language should be added to the
ACTION
REQUESTED/PURPOSE:
Request that the Board approve waiving of the formal process (if needed) and authorize
the use of the Direct Materials Purchase Order, which allows the County to purchase directly from suppliers of
equipment and or materials as a cost/time saving measure. Commissioner Judah moved approval, seconded by
Commissioner Manning, called and carried.
The following Four (4) Consent Agenda Items: C1(b), C5(a), C7(a), and C12(c), should be moved to
the Administrative Agenda to allow for further discussion. Commissioner Manning moved approval, seconded by
Commissioner Judah, called and carried.
One Carry-Over Item would be taken at the appropriate time.
The County Attorney would have an announcement on the schedule of the Executive Session.
9:30 A.M. AGENDA ITEM
- Public Comment on Agenda Items
Consent (C) and Administrative (A)
The Chairman called for public comment and the following persons came forward:
9:30 AM-PH 2 – Island Coast Transportation representative
9:30 AM-PH 2 – MBA & Apple Transportation representative
John Poelker
9:30 AM-PH 2 – Aaron Taxi representative
9:30 AM-PH 2 – Naples Shuttle representative
9:30 AM-PH 2 – Amber Taxi representative
A14(a) – Responsible Growth Management Coalition & Sierra Club representative
Carl Veaux
Pete Quasius
There were no requests for Consent Agenda items to be pulled for discussion by the individual
Commissioners.
CONSENT AGENDA
1. COUNTY ADMINISTRATION
A)
ACTION REQUESTED/PURPOSE:
Present to the Board for information and filing the Object Code #504015 Expenditure
Detail Report for the third quarter of FY10-11 (April through June 2011) as required by
#20110588-
COUNTY MANAGER)
FUNDING SOURCE:
Combination of County Administration, Economic Development, Human Services,
Libraries, Parks & Recreation (Extension Services), Public Resources, Public Safety,
Sustainability & Transit.
------------------------------------------
---APPROVED MINUTES OF 080911R-------------------------------------
-------------------------
BOOK - 2011R - B.O.C.C.-----------------------------------
-----------------------------------------
-------------------------------------- PAGE: 341
WHAT ACTION ACCOMPLISHES:
Allows Board to monitor expenditures being made by County Departments and Divisions
to this object code.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Authorize Administration to pursue refunding of the Transportation Facilities Bonds,
Series 2001A for savings. (#20110614-COUNTY MANAGER)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
BoCC approval is requested prior to preparation of documents.
MANAGEMENT RECOMMENDATION:
Allows for the preparation of documents for the refunding of the Transportation Facilities
Bonds, Series 2001A utilizing either a bond issue or bank loan.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
This item should be moved to the Administrative Agenda to allow for further discussion. Commissioner Manning
moved approval, seconded by Commissioner Judah, called and carried.
2. COMMUNITY DEVELOPMENT
No requests received.
3. CONSTRUCTION AND DESIGN
No requests received.
4. COUNTY COMMISSIONERS
No requests received.
5. COUNTY LANDS
A)
ACTION REQUESTED/PURPOSE:
A) Approve Purchase Agreement for acquisition of Parcel 512, STRAP No. 22-45-25-00-
00002.1210, in the amount of $250,900.00, from Marianthi Kazakos Trustee of the
Michael Kazakos Trust dated 01/28/1999, for the Three Oaks Parkway North Extension
Project No. 4053, pursuant to the Purchase Agreement; B) authorize payment of costs to
close in the approximate amount of $7,000.00; C) and the Division of County Lands to
handle all documentation necessary to complete transaction. (#20110587-COUNTY
LANDS)
FUNDING SOURCE:
Three Oaks Extension North.
WHAT ACTION ACCOMPLISHES:
Acquires property voluntarily without having to acquire under Eminent Domain.
MANAGEMENT RECOMMENDATION:
Approve.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
This item should be moved to the Administrative Agenda to allow for further discussion. Commissioner Manning
moved approval, seconded by Commissioner Judah, called and carried.
6. HUMAN SERVICES
A)
ACTION REQUESTED/PURPOSE:
and the
to receive $101,076.00 in Housing
Opportunities for People with AIDS (HOPWA) funding. 2.) Approve a budget resolution
to add $101,076.00 of HOPWA. (
#20110601-
HUMAN SERVICES)
------------------------------------------
---APPROVED MINUTES OF 080911R-------------------------------------
-------------------------
BOOK - 2011R - B.O.C.C.-----------------------------------
-----------------------------------------
-------------------------------------- PAGE: 342
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Provides $ 101,076.00 for case management, housing stabilization and assistance towards
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NO. 11-08-14
B)
ACTION REQUESTED/PURPOSE:
1.) Approve and sign a
contract agreement
$156,585.00 in Community Services Grant (CSBG) funds. This grant requires a 2% cash
match ($3,132.00). 2.) Approve a budget resolution to add $156,585.00 of Community
#20110605-
HUMAN SERVICES)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Provides $156,585.00 for case management, vocational training, supportive and emergency
provides for emergency prescription vouchers. To qualify the household must have
income levels below 125% federal poverty level.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NO. 11-08-15
7. INDEPENDENT
A)
ACTION REQUESTED/PURPOSE:
Accept the recommendations of the Metropolitan Planning Organization's Job Access and
Reverse Commute and New Freedom Selection Committee, awarding Federal Transit
Administration Section 5316 Job Access Reverse Commute and Section 5317 New
Freedom grant funding to various agencies, authorizing staff to enter into subrecipient
agreements and manage contracts including terminating contracts as provided for in the
agreements and reallocate funding as needed to expend the grant. Approve a Budget
Amendment Resolution in the amount of $128,000.00 for anticipated current year
Center. (#20110575-TRANSIT)
FUNDING SOURCE:
resolution programming USC 5317 grant funds in the amount of $128,000.00.
WHAT ACTION ACCOMPLISHES:
Allows staff to enter into and manage subrecipient agreements, program USC 5316 and
USC 5317 grant funds and receive and disburse grant funds.
MANAGEMENT RECOMMENDATION:
Approve.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
This item should be moved to the Administrative Agenda to allow for further discussion. Commissioner Manning
moved approval, seconded by Commissioner Judah, called and carried.
8. NATURAL RESOURCES/ SOLID WASTE
9. PARKS AND RECREATION
10. PUBLIC SAFETY
------------------------------------------
---APPROVED MINUTES OF 080911R-------------------------------------
-------------------------
BOOK - 2011R - B.O.C.C.-----------------------------------
-----------------------------------------
-------------------------------------- PAGE: 343
11. PUBLIC WORKS ADMINISTRATION
12. TRANSPORTATION
A)
ACTION REQUESTED/PURPOSE:
Approve resolution authorizing the Chair to execute the attached
Local Agency Program
for Sunniland Boulevard and
25th Street Sidewalk. (
#20110582-
FUNDING SOURCE:
100% Federal funds.
WHAT ACTION ACCOMPLISHES:
Executes a new Local Agency Program Agreement with FDOT to construct a sidewalk on
side of 25th Street from Sunniland Boulevard to Unice Avenue.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Award B-11-23 Plantation Extension Landscape & Irrigation Project from Idlewild Road
to Colonial Boulevard to the lowest responsive, responsible bidder meeting all bid
requirements,
Juniper Landscaping, Inc.
(a local vendor), in the not to exceed amount of
$163,877.57.
Authorize Chair to execute agreement on behalf of the Board.
Request that the Board approve waiving of the formal process (if needed) and authorize the
use of the Direct Materials Purchase Order, which allows the County to purchase directly
from suppliers of equipment and or materials as a cost/time saving measure.
(
#20110570-
FUNDING SOURCE:
Extension.
WHAT ACTION ACCOMPLISHES:
Provides a vendor for the installation of plant material and underground irrigation system,
including maintenance of traffic, soil, sod (repairs), pump station, electrical, directional
boring and landscape and irrigation maintenance.
MANAGEMENT RECOMMENDATION:
Approve.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
For Consent Agenda Item 12(b), the following language should be added to the
ACTION
REQUESTED/PURPOSE:
Request that the Board approve waiving of the formal process (if needed) and authorize
the use of the Direct Materials Purchase Order, which allows the County to purchase directly from suppliers of
equipment and or materials as a cost/time saving measure. Commissioner Judah moved approval, seconded by
Commissioner Manning, called and carried.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
C)
ACTION REQUESTED/PURPOSE:
Miscellaneous Professional Services, to Stanley Consultants, Inc. (a local firm), Contract
amount of $131,966.00, with a project completion time of 180 calendar days.
o Authorize Chair to execute STA on behalf of the Board. (#20110572-
FUNDING SOURCE:
Master Signal.
------------------------------------------
---APPROVED MINUTES OF 080911R-------------------------------------
-------------------------
BOOK - 2011R - B.O.C.C.-----------------------------------
-----------------------------------------
-------------------------------------- PAGE: 344
WHAT ACTION ACCOMPLISHES:
Provides a Consultant for project management, surveying, traffic data collection and
analysis, roadway plans, drainage analysis and plans, utility coordination, signing &
Boulevard and Business Way in Lehigh Acres.
MANAGEMENT RECOMMENDATION:
Approve.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
This item should be moved to the Administrative Agenda to allow for further discussion. Commissioner Manning
moved approval, seconded by Commissioner Judah, called and carried.
13. UTILITIES
14. COUNTY ATTORNEY
15. HEARING EXAMINER
16. CONSTITUTIONAL OFFICERS
A)
ACTION REQUESTED/PURPOSE:
Approve
disbursements.
The check and wire registers can now be viewed on the Clerk's
Website at WWW.LEECLERK.ORG by accessing the BOCC Minutes and Documents
link. (
#20110626-
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
ADMINISTRATIVE AGENDA
THE ADMINISTRATIVE AGENDA ITEMS WERE HEARD OUT OF AGENDA ORDER.
1. COUNTY ADMINISTRATION
B)
ACTION REQUESTED/PURPOSE:
Series 2001A for savings. (
#20110614-
COUNTY MANAGER)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
BoCC approval is requested prior to preparation of documents.
MANAGEMENT RECOMMENDATION:
Bonds, Series 2001A utilizing either a bond issue or bank loan.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
Consent Agenda Item 1(b) should be moved to the Administrative Agenda to allow for further discussion.
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
------------------------------------------
---APPROVED MINUTES OF 080911R-------------------------------------
-------------------------
BOOK - 2011R - B.O.C.C.-----------------------------------
-----------------------------------------
-------------------------------------- PAGE: 345
Commissioner Judah moved approval, seconded by Commissioner Manning. Assistant County Manager Pete Winton
requested authorization to look at securing a bank loan or refinancing the bond, which would be brought back to the
Board. Following Commissioner Mann’s request for a schedule of the fees, and comments by Commissioner Judah,
the motion was called and carried.
2. COMMUNITY DEVELOPMENT
3. CONSTRUCTION AND DESIGN
A)
ACTION REQUESTED/PURPOSE:
Execute Resolution finding public purpose in the construction of replacement parking lot
to facilitate design objectives of the Downtown Library campus. (
#20110574-
CONSTRUCTION AND DESIGN)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Facilitates property exchange necessary to achieve the County’s design objectives for the
Downtown Library campus.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning. Commissioner Bigelow, as the liaison for
this project, commented that there were issues on the design of the Library. The motion was called and carried.
4. COUNTY COMMISSIONERS
5. COUNTY LANDS
A)
ACTION REQUESTED/PURPOSE:
00002.1210, in the amount of $250,900.00, from
Marianthi Kazakos Trustee of the
Michael Kazakos Trust
dated 01/28/1999, for the Three Oaks Parkway North Extension
close in the approximate amount of $7,000.00; C) and the Division of County Lands to
handle all documentation necessary to complete transaction. (
#20110587-
COUNTY
LANDS)
FUNDING SOURCE:
Three Oaks Extension North.
WHAT ACTION ACCOMPLISHES:
Acquires property voluntarily without having to acquire under Eminent Domain.
MANAGEMENT RECOMMENDATION:
Approve.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
Consent Agenda Item 5(a) should be moved to the Administrative Agenda to allow for further discussion.
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
Commissioner Manning moved approval, seconded by Commissioner Judah. County Lands Director Karen Maguire
provided a summary of the transaction and noted that the reason to move this item to the Administrative Agenda was a
change to the size of the parcel. The motion was called and carried.
6. HUMAN SERVICES
------------------------------------------
---APPROVED MINUTES OF 080911R-------------------------------------
-------------------------
BOOK - 2011R - B.O.C.C.-----------------------------------
-----------------------------------------
-------------------------------------- PAGE: 346
7. INDEPENDENT
A)
ACTION REQUESTED/PURPOSE:
Accept the recommendations of the Metropolitan Planning Organization's Job Access and
Reverse Commute and New Freedom Selection Committee, awarding Federal Transit
Administration Section 5316 Job Access Reverse Commute and Section 5317 New
Freedom grant funding to various agencies, authorizing staff to enter into subrecipient
agreements and manage contracts including terminating contracts as provided for in the
agreements and reallocate funding as needed to expend the grant. Approve a Budget
Amendment Resolution in the amount of $128,000.00 for anticipated current year
Center. (
#20110575-
TRANSIT)
FUNDING SOURCE:
resolution programming USC 5317 grant funds in the amount of $128,000.00.
WHAT ACTION ACCOMPLISHES:
Allows staff to enter into and manage subrecipient agreements, program USC 5316 and
USC 5317 grant funds and receive and disburse grant funds.
MANAGEMENT RECOMMENDATION:
Approve.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
Consent Agenda Item 7(a) should be moved to the Administrative Agenda to allow for further discussion.
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
8. NATURAL RESOURCES/ SOLID WASTE
9. PARKS AND RECREATION
10. PUBLIC SAFETY
11. PUBLIC WORKS ADMINISTRATION
C)
ACTION REQUESTED/PURPOSE:
o Approve Supplemental Task Authorization
to project CN-10-08
Miscellaneous Professional Services, to Stanley Consultants, Inc. (a local firm), Contract
amount of $131,966.00, with a project completion time of 180 calendar days.
o Authorize Chair to execute STA on behalf of the Board. (
#20110572-
FUNDING SOURCE:
Master Signal.
WHAT ACTION ACCOMPLISHES:
Provides a Consultant for project management, surveying, traffic data collection and
analysis, roadway plans, drainage analysis and plans, utility coordination, signing &
Boulevard and Business Way in Lehigh Acres.
MANAGEMENT RECOMMENDATION:
Approve.
------------------------------------------
---APPROVED MINUTES OF 080911R-------------------------------------
-------------------------
BOOK - 2011R - B.O.C.C.-----------------------------------
-----------------------------------------
-------------------------------------- PAGE: 347
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
Consent Agenda Item 12(c) should be moved to the Administrative Agenda to allow for further discussion.
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
Commissioner Manning moved approval, seconded by Commissioner Judah. Following explanation by Interim
Department of Transportation Director Dave Loveland to Commissioner Bigelow’s inquiry on the selection process,
the motion was called and carried, with Commissioner Bigelow voting nay.
13. UTILITIES
A)
ACTION REQUESTED/PURPOSE:
(A) Approve Bid Waiver # W-110375 to waive the formal quotation procedure, and allow
the Public Works Department/Utilities Division to purchase Flygt Pumps, Services and
(B) It is also requested that the term of this waiver be for one year with two consecutive
yearly extensions. Estimated annual expenditures would be approximately $240,000.00.
Funding will come from the individual department’s budget and they will be responsible
for monitoring their own expenditures. (
#20110594-
UTILITIES)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Allows Utilities to purchase original pumps, parts and products and get support from the
area distributor on an as needed basis, in a cost effective, efficient, and timely manner.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
14. COUNTY ATTORNEY
A)
ACTION REQUESTED/PURPOSE:
dismissal of the County's petition for an administrative hearing concerning the Notice of
Ceitus barrier and boatlift replacement. Also, ratify the notice of intent to petition for
enforcement of the May 18, 2008 Second Amended Consent Order under Florida Statutes
120.69.
Approve an additional $50,000.00 for continued prosecution of Ceitus boatlift
replacement.
Approve
budget transfer
of $50,000.00 from Expert Witness Fees - Okeechobee Releases
to Legal Services - Ceitus Boatlift in Non-Departmental Program.
(
#20110606-
COUNTY ATTORNEY)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Gives the County Attorney's Office authority to continue the appeal of FDEP's dismissal
and address the noncompliance with the May 18, 2008 Second Amended Consent Order
through a Florida Statutes 120.69 action.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Judah. Brief discussion ensued, with County
Attorney Michael Hunt, Deputy County Attorney Andrea Fraser, and Assistant County Attorney Jed Schneck
responding to questions from the Board. The motion was called and carried.
B)
ACTION REQUESTED/PURPOSE:
160, 161, 162, Burnt Store Road Project. (
#20110610-
COUNTY ATTORNEY)
FUNDING SOURCE:
Widening.
WHAT ACTION ACCOMPLISHES:
------------------------------------------
---APPROVED MINUTES OF 080911R-------------------------------------
-------------------------
BOOK - 2011R - B.O.C.C.-----------------------------------
-----------------------------------------
-------------------------------------- PAGE: 348
Settles all claims for condemnation of parcels 160, 161, 162 including attorney fees and
expert costs.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Judah. Interim Department of Transportation
Director Dave Loveland provided a summary and updated the Board on the Burnt Store Road Project. After a brief
discussion, Mr. Loveland agreed to provide an update to Commissioners Mann and Bigelow and the City of Cape
Coral on the percentage of right-of-way after the meeting, the motion was called and carried.
15. HEARING EXAMINER
16. CONSTITUTIONAL OFFICERS
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
9:30 A.M. AGENDA ITEM –
Public Hearing
1. ACTION REQUESTED/PURPOSE:
Request Board to conduct a Public Hearing and approve a Resolution to establish the Solid Waste
Collection and Disposal Program Special Assessments, rates, and other solid waste charges for tax
year 2011 (FY 11-12); approve the proposed Resolution setting the annual special assessments and
12 (the 2011 tax year) and each year thereafter by the terms of the Resolution.
(
#20110544-
SOLID WASTE)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Collection and Disposal Special Assessments, rates and fees be adopted before August 15th of
each year. To meet this requirement, the Board establishes the rates, assessments, and fees, and
establishes the annual special assessments, rates and fees by Resolution for the Mandatory Solid
Waste Collection and Disposal Program for FY 11-12.
MANAGEMENT RECOMMENDATION:
Approve.
Affidavit of Publication
for
this item, and briefly described the request. Commissioner Judah moved approval, seconded by Commissioner
Manning. Solid Waste Director Lindsey Sampson noted reductions over the last three years for the different utilities
have resulted in the Board’s decision to retire the 2001 Bond issue, and the additional receipt of increased recycling
revenues. Discussion ensued with Mr. Sampson, Assistant County Manager Pete Winton, and Public Works Director
Doug Meurer responding to questions. The Chair called for public input; however, no one came forward. The motion
was called and carried.
2. ACTION REQUESTED/PURPOSE:
#20110555-
PUBLIC
RESOURCES)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
certain regulations affecting the health, safety and welfare of the public.
MANAGEMENT RECOMMENDATION:
------------------------------------------
---APPROVED MINUTES OF 080911R-------------------------------------
-------------------------
BOOK - 2011R - B.O.C.C.-----------------------------------
-----------------------------------------
-------------------------------------- PAGE: 349
Approve.
Affidavit of Publication
for
this item, and briefly described the request. Commissioner Manning suggested postponement of voting on the
ordinance today to allow industry input, and to reset a public hearing date. Responding to Commissioner Manning’s
suggestion, Assistant County Manager Pete Winton noted that the County could accept reciprocity with Charlotte and
Collier Counties, and provided clarification. Commissioner Manning moved to reset the public hearing to a date
certain, possibly in September. At the request of Mr. Winton, Public Resources Administrative Assistant Rosanna
Herrera reviewed the renewal process. Following Board discussion, Commissioner Manning removed his motion to
allow Commissioner Hall to move forward with the alternative motion. After brief comments, Commissioner Hall
moved to adopt the ordinance with the recommended changes, and for Staff to continue to work with the industry to
revise the ordinance, seconded by Commissioner Manning. At the request of the Chair, Attorney Coovert reviewed
the changes in the ordinance and responded to questions. The Chairman called for additional public input and the
following person came forward:
The motion was called and carried. The Ordinance adopted by the Board and filed was
DEFINITIONS; PROHIBITING UNLICENSED VEHICLES FOR HIRE; PROVIDING
FOR CERTIFICATE APPLICATION AND DRIVER IDENTIFICATION CARD,
RENEWAL, AND REVOCATION; REQUIRING DISPLAY OF STICKER;
PROVIDING FOR TRANSFERABILITY OF CERTIFICATE; PROVIDING FOR
MINIMUM INSURANCE REQUIREMENTS AND PENALTIES; PROVIDING FOR
AREAS OF ENFORCEMENT AND MEANS OF ENFORCEMENT; PROVIDING
FOR SEVERABILITY, CONFLICTS OF LAW, INCLUSION IN CODE,
CODIFICATION AND SCRIVENER’S ERRORS, AND AN EFFECTIVE DATE.
Commissioner Hall volunteered to work on the reciprocity, and the Chairman designated her to represent the Board.
3. ACTION REQUESTED/PURPOSE:
Development Code (LDC) Chapters 1, 2, 10, 12, 14, 22, 30, 33, and 34.
(
#20110611-
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 are proposed. If adopted, the ordinance will establish Countywide
standards.
MANAGEMENT RECOMMENDATION:
Staff recommends adoption of the Ordinance without the inclusion of the proposed Citizen
amendment to §34-1351 (Automotive repair and service).
Affidavit of Publication
for
this item, and briefly described the request. Attorney Jacob noted the items in the distributed
Errata Sheet
(on file in
the Minutes Office) were the last minute items in the draft Ordinance, and noted that Staff recommendation was to
approve the LDC amendment striking out the proposed Citizen amendment to §34-1351 and adding the Errata sheet
changes. The Chairman called for public input; and the following concerned citizens came forward:
representing Logic and Reason
Attorney Charles Basinait
representing Premier Airport LLC & SOM Fort Myers LLC
of Kinsey Associates
of Kraus Foods
At the request of the Chair, Community Development Director Mary Gibbs noted the position on the parking was a
compromise requiring 16 spaces and recommending 13 spaces. The Chairman expressed support of Staff working
with Attorney Basinait on the extension request, and asked Staff to work with him. Discussion ensued regarding
------------------------------------------
---APPROVED MINUTES OF 080911R-------------------------------------
-------------------------
BOOK - 2011R - B.O.C.C.-----------------------------------
-----------------------------------------
-------------------------------------- PAGE: 350
comments and concerns during public comment. Community Development Chief Building Officer Bob Stewart and
Ms. Gibbs clarified Commissioner Hall’s inquiry on the building and the parking issues. Commissioner Manning left
the meeting briefly during Commissioner Hall’s comments. Commissioner Judah moved approval of the Staff
recommendation to include items in the Errata Sheet, and to exclude the reduction of the parking issue from 16 to 13,
seconded by Commissioner Bigelow. During Board comments, Ms. Gibbs suggested that the minor repair issue could
be addressed by adding language to an upcoming community plan. Chairman Mann clarified that the motion was to
accept staff recommendation for everything except the reduction from 16 to 13 in the parking spaces issue. Following
further comments by Commissioner Hall, the motion was called and carried, with Commissioner Hall dissenting. The
Ordinance adopted by the Board and filed was
(LDC) CHAPTERS 1, 2, 10, 12, 14, 22, 30, 33, AND 34.
AMENDING LDC CHAPTER 2, SPECIFICALLY: CREDITS (§2-275) AND
PENALTIES AND LIENS (§2-427).
AMENDING LDC CHAPTER 10, SPECIFICALLY: DEFINITIONS AND RULES OF
CONSTRUCTION (§10-1), DEVIATIONS AND VARIANCES (§10-104), DURATION
OF DEVELOPMENT ORDER (§10-115), AMENDMENTS GENERALLY (§10-118),
EXTENSIONS (§10-123), ADDITIONAL REQUIRED SUBMITTALS (§10-154),
REQUIRED (§10-211), BIKEWAYS AND PEDESTRIAN WAYS (§10-256), REFUSE
AND SOLID WASTE DISPOSAL FACILITIES (§10-261), FUNCTIONAL
(§10-285), STREET DESIGN AND CONSTRUCTION STANDARDS (§10-296),
INLET SPACING (§10-326), DRAINAGE EASEMENTS (§10-328), EXCAVATIONS
(§10-329), SUBMITTAL REQUIREMENTS (§10-414), AND PLANT MATERIAL
(§10-716).
AMENDING LDC CHAPTER 12, SPECIFICALLY: APPROVAL PROCESS FOR
MINE EXCAVATION PLANNED DEVELOPMENT (§12-108) AND WATER
QUALITY AND QUANTITY ISSUES (§12-117).
AMENDING LDC CHAPTER 14, SPECIFICALLY: PLANNING COMMUNITY
REGULATIONS (§14-1).
AMENDING LDC CHAPTER 22, SPECIFICALLY: APEALS (§22-42).
AMENDING LDC CHAPTER 30, SPECIFICALLY: PLANNING COMMUNITY
REGULATIONS (§30-56) AND PERMANENT SIGNS IN COMMERCIAL AND
INDUSTRIAL AREAS (§30-153);
AMENDING LDC CHAPTER 33, SPECIFICALLY: PROHIBITED SIGNS (§33-383);
COMMUNITY REVIEW (§33-1004), WALL-MOUNTED IDENTIFICATION SIGNS
(§33-1084) AND BUSINESS LICENSE REQUIRED (§33-1360).
AMENDING LDC CHAPTER 34, SPECIFICALLY: DEFINITIONS
(§34-2), COMPLIANCE WITH SPECIFIC PLANNING COMMUNITY
(§34-144), FUNCTIONS AND AUTHORITY (§34-145), GENERAL SUBMITTAL
REQUIREMENTS FOR APPLICATIONS REQUIRING PUBLIC HEARING (§34-
202), SUBMITTAL REQUIREMENTS FOR ADMINISTRATIVE ACTION
APPLICATIONS (§34-204) PRELIMINARY REVIEW AND NOTICE
CERTIFICATION (§34-233), NOTICES (§34-236), PREHEARING STIPULATION
(§34-381), USE ACTIVITY GROUPS (§34-622), REQUESTS FOR ZONING
VERIFICATION (§34-626), USE REGULATIONS TABLE FOR AGRICULTURAL
DISTRICTS (§34-653), USE REGULATIONS TABLE FOR TWO-FAMILY
------------------------------------------
-------------------------
BOOK - 2011R - B.O.C.C.-----------------------------------
-----------------------------------------
-------------------------------------- PAGE: 351
RESIDENTIAL DISTRICTS (§34-694), USE REGULATIONS TABLE FOR
MULTIPLE-FAMILY RESIDENTIAL DISTRICTS (§34-714), USE REGULATIONS
TABLE FOR MOBILE HOME DISTRICTS (§34-765), USE REGULATIONS TABLE
FOR RECREATIONAL VEHICLE DISTRICTS (§34-791), USE REGULATION
TABLE FOR COMMUNITY FACILITIES DISTRICTS (§34-813), USE
REGULATION TABLE FOR CONVENTIONAL COMMERCIAL DISTRICTS (§34-
843), USE REGULATION TABLES FOR MARINE-ORIENTED DISTRICTS (§34-
873), USE REGULATION TABLE FOR INDUSTRIAL DISTRICTS (§34-903), USE
REGULATION TABLES FOR PLANNED DEVELOPMENT DISTRICTS (§34-934),
PRIVATE RECREATIONAL FACILITIES PLANNED DEVELOPMENTS (§34-941),
USE REGULATIONS ENVIRONMENTALLY CRITICAL DISTRICT (§34-983),
APPLICABILITY (§34-1001), PURPOSE, AND INTENT (§34-1002), DEFINITIONS
(§34-1003), REPEALING FLIGHT OBSTRUCTION SURFACES (§34-1004),
CREATING AIRPORT PROTECTION ZONES (§34-1005), AIRPORT NOISE ZONES
(§34-1006), CREATING AIRPORT RUNWAY CLEAR ZONES, AIRPORT SCHOOL
PROTECTION ZONES (§34-1007), AIRPORT RESIDENTIAL PROTECTION ZONES
(§34-1008), AND AIRPORT OBSTRUCTION NOTIFICATION ZONE (§34-1009),
LCPA TALL STRUCTURES PERMIT (§34-1010), AIRPORT COMPATIBILITY
DISTRICT VARIANCES (§34-1011), LAND USE RESTRICTIONS AND
OBSTRUCTION IDENTIFICATION (§34-1012), AND NONCONFORMING USES
(§34-1013), ACCESSORY APARTMENTS (§34-1177), ADDITIONAL DWELLING
UNIT ON LOT IN AGRICULTURAL DISTRICTS (§34-1180), SALE OR SERVICE
FOR ON-PREMISES CONSUMPTION (§34-1264), CONVENIENCE FOOD AND
BEVERAGE STORES, AUTOMOTIVE SERVICE STATIONS, FAST FOOD
RESTAURANTS,AND CAR WASHES (§34-1353), VARIANCES OR DEVIATIONS
PREVIOUSLY PROVIDED UNDER §34-1353 (§34-1354), DEFINITIONS (§34-1442),
APPLICABILITY AND EXEMPTIONS (§34-1443), PERMISSIBLE WIRELESS
FACILITY LOCATIONS (§34-1444), DEVELOPMENT REVIEW PROCESS (§34-
1445), APPLICATION SUBMITTAL REQUIREMENTS (§34-1446), DEVELOPMENT
REGULATIONS (§34-1447), DISCONTINUED USE (§34-1451), APPLICABILITY
ROADSIDE STANDS (§34-1714), STANDARDS FOR COMMUNITY GARDENS
1744), ENTRANCE GATES AND GATEHOUSES (§34-1748), SEC. 34-2013,
ACCESS (§34-2013), PARKING LOT SURFACE (§34-2017), REQUIRED SPACES
(§34-2020), MEASUREMENT; PERMITTED ENCROACHMENTS (§34-2191),
NONCOMMERCIAL SCHOOLS (§34-2381), TEMPORARY TELEPHONE
DISTRIBUTION EQUIPMENT (§34-3047), REPEALING ANCILLARY
TEMPORARY USES IN PARKING LOTS (§34-3048), GENERALLY (§34-3041),
REPEALING TEMPORARY PARKING LOTS (§34-3049), AND WATER ORIENTED
RENTAL ESTABLISHMENTS; OUTDOORS (§34-3151), NON WATER-
DEVELOPMENT STANDARDS (§34-3272).
AMENDING APPENDIX C-AIRPORT NOISE ZONES, APPENDIX J –
PARK IMPACT FEE BENEFIT DISTRICT DESCRIPTIONS.
SCRIVENER’S ERRORS, AND AN EFFECTIVE DATE.
1. ACTION REQUESTED/PURPOSE:
Approve the Resolutions of Necessity for the acquisition and condemnation of Parcels 7A & 7B,
August 2, 2011 by the Board to allow further review. (
#20110538-
COUNTY ATTORNEY)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Allows the County to proceed with condemnation, if required, of the necessary parcels for
------------------------------------------
-------------------------
BOOK - 2011R - B.O.C.C.-----------------------------------
-----------------------------------------
-------------------------------------- PAGE: 352
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NOS. 11-08-20 THROUGH 11-08-25
COMMISSIONER ITEMS
MEN & WOMEN IN UNIFORM – Commissioner Hall expressed heartfelt thanks and recognized the
soldiers in active duty and those who had passed-on.
Commissioner Hall requested at a minimum a quarterly update on litigation costs. Attorney Fraser clarified that only
the monthly report would cease.
ROAD PROJECTS IN PROCESS UPDATE – Commissioners Hall and Bigelow requested an update
that the City has requested (copy on file in the Minutes Office) a cost sharing partnership between the County and the
KISMET-LITTLETON REALIGNMENT – Commissioner Manning requested Board direction (copy
on file in the Minutes Office) to pursue cost sharing agreement with the Metropolitan Planning Organization (MPO) to
incorporate the realignment project in the 2035 Financially Feasible Plan. This plan was left out when it was adopted.
SUNSET PROVISION – Commissioner Manning noted that prior to his return to the Board a sunset
provision was adopted in 2008, and stated that the 23 mobile home parks with on-site recycling expired in October,
2010. He suggested that the sunset provision be extended from October 1, 2010 to October 1, 2013; and requested the
County Attorney’s Office bring this item back at the next Management and Planning meeting.
COMMITTEE APPOINTMENTS
ROADWAY LANDSCAPE ADVISORY COMMITTEE,
appoint Reverend Dick Tafel to the
HUMAN
reappoint Herbert Buboltz
to the SHELTERING PINES MOBILE HOME VILLAGE
IMPROVEMENT UNIT,
IONA GARDENS LIGHTING UNIT,
seconded by
Commissioner Manning, called and carried.
WATERWAYS ADVISORY
COMMITTEE,
seconded by Commissioner Manning, called and carried
.
COUNTY MANAGER ITEMS
COUNTY ATTORNEY ITEMS
Inc. is scheduled for Wednesday, August 31, 2011 at 9:00 a.m. in the Chambers, and convening to the East Room.
Commissioner Judah so moved, seconded by Commissioner Hall, called and carried.
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.
5:00 P.M. AGENDA ITEM –
Public Hearing
1. ACTION REQUESTED/PURPOSE:
of the Board, to conduct a public hearing on August 9, 2011 at 5:00 p.m. to consider adoption of
Resolution for four (4) fiscal years: FY 2012; FY 2013; FY 2014; and FY 2015. There is no
------------------------------------------
-------------------------
BOOK - 2011R - B.O.C.C.-----------------------------------
-----------------------------------------
-------------------------------------- PAGE: 353
adjustment for water and/or wastewater connection fees. (
#20110562-
UTILITIES)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
MANAGEMENT RECOMMENDATION:
Approval.
Assistant County Attorney Scott Coovert approved, as to legal form and sufficiency, the Affidavit of Publication for
this item, and briefly described the request. Public Works Director Doug Meurer explained the proposed four year
programmed rate increase and responded to questions. The Chairman called for public input; however, no one came
forward. Commissioner Manning moved to approve Staff recommendation, seconded by Commissioner Judah.
Following brief Board discussion, the motion was called and carried, with Commissioners Mann and Bigelow voting
nay.
Public Presentation of Matters by Citizens
Library expansion.
At the request of Commissioner Judah, County Attorney Michael Hunt and Deputy County Attorney Andrea Fraser
clarified that there was limited over-site as this is an independent taxing district.
Carl Veaux
opined that the Alico Road Extension was un-warranted and would
cause urban sprawl should go to the Density Reduction/Groundwater Resource
(DR/GR). The Sunrise Highway was another issue.
Development Code adopted in 1993 be reviewed.
As the District Commissioner, Commissioner Manning addressed Mr. Messina’s issue and referenced a memorandum
The Chairman adjourned the meeting at 5:34p.m.
__________________________
_____________________________