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BOOK - 2011R - B.O.C.C.-----------------------------------
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APRIL 12, 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 Chairman Mann,
followed by the Pledge of Allegiance to the Flag.
ANNOUNCEMENTS WERE HEARD AT THIS TIME. SEE THAT PORTION OF THE MEETING.
PRESENTATIONS
WALK-ON ITEM NO. 1 WAS HEARD AT THIS TIME. SEE THAT ITEM FOR ACTION TAKEN.
Commissioner Bigelow read and presented a
Ceremonial Resolution
proclaiming the month of April
Service Center Director Phil Flood, accompanied by Assistant County Manager Doug Meurer, accepted the
Resolution; and thanked the Board. (
#20110281-
Commissioner Bigelow)
Association’s 2011 Elected Officials of the Year Award. Chairman Mann, on behalf of the Board, accepted the
#20110282-
Public Resources)
The Length of Service Awards for the 1
st
Quarter of 2011 were presented by Human Resources
(
#20110233-
Human Resources)
ANNOUNCEMENTS
Referring to the
Agenda Recap Sheet
dated April 12, 2011, the Chairman announced that:
Due to scrivener’s error, Item CP 3 should be revised to read as: Employee Length of Service Awards.
(#20110223-Human Resources).
Consent Agenda Item 16(b), under
ACTION REQUESTED/PURPOSE,
should be revised to read as
follows: Approve the Minutes of the following Meetings of the Board of County Commissioners held during the
week of March 28 through April 1, 2011: March 29, 2011 (Regular).
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Bigelow absent.
Walk-on Item No. 2 would be heard at the appropriate time.
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 concerned citizens came forward:
Lauri Albion
There were no Consent Agenda items pulled for discussion by the individual Commissioners.
CONSENT AGENDA
1. COUNTY ADMINISTRATION
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A)
ACTION REQUESTED/PURPOSE:
Authorize Budget Amendment Resolutions for the receipt of $78,910,279.00 of bond
proceeds from the Water & Sewer Refunding Revenue Bonds, Series 2011. Also, approve
various budget resolutions and
transfers
(
#20110268-
COUNTY MANAGER)
FUNDING SOURCE:
Bond Proceeds.
WHAT ACTION ACCOMPLISHES:
Budget Amendment Resolutions must be approved to receive bond proceeds. Establishes
the accounts necessary to receive bond proceeds.
MANAGEMENT RECOMMENDATION:
Approval of the budget amendment resolutions and transfers.
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried.
RESOLUTION NOS.
11-04-22
and
11-04-23
2. COMMUNITY DEVELOPMENT
A)
ACTION REQUESTED/PURPOSE:
Adopt a Resolution which consents to the actions taken by the Housing Finance Authority
Bonds Series 2011, including its Single Family Housing Revenue Bonds (GSE Program-
#20110267-
COMMUNITY DEVELOPMENT)
FUNDING SOURCE:
costs.
WHAT ACTION ACCOMPLISHES:
Mortgage Revenue Bonds for single family financing home ownership in participation
Ratification of such action is required under Florida Statutes Chapter 159.
MANAGEMENT RECOMMENDATION:
Adopt the Resolution.
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried.
RESOLUTION NO. 11-04-24
3. CONSTRUCTION AND DESIGN
No requests received.
4. COUNTY COMMISSIONERS
No requests received.
5. COUNTY LANDS
A)
ACTION REQUESTED/PURPOSE:
Accept donation of a 900 square-feet easement,
STRAP No. 14-45-25-02-0000A.0090,
Project 7322. Also, authorize payment of costs to close in the approximate amount of
$40.00; and County Lands to execute and accept all documentation necessary to complete
this transaction. (
#20110251-
COUNTY LANDS)
FUNDING SOURCE:
Fund: Airport Woods; Program: MSBU.
WHAT ACTION ACCOMPLISHES:
Acquires easement necessary for project.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried.
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BOOK - 2011R - B.O.C.C.-----------------------------------
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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
A)
ACTION REQUESTED/PURPOSE:
Approve resolution authorizing the Chair to execute the attached
Local Agency Program
Agreement
Boulevard and 25th Street Sidewalk. Also, approve budget amendment resolution in the
amount of $400,805.00, and amend the FY 2010/11-2014/2015 CIP accordingly.
(
#20110258-
FUNDING SOURCE:
100% Federal funds.
WHAT ACTION ACCOMPLISHES:
Executes Local Agency Program Agreement with FDOT to construct a sidewalk on the
of 25th Street from Sunniland Boulevard to Unice Avenue.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried.
RESOLUTION NOS.
11-04-25
AND
11-04-26
13. UTILITIES
A)
ACTION REQUESTED/PURPOSE:
(1) Approve Project # EX110214, the utilization of Federal General Services
Administration (GSA) Contract No. GS-30F-0016S, for the purchase of one (1) new
Vermeer D24x40II Navigator horizontal drilling machine.
(2) Approve the expenditure of $194,883.55 for the acquisition of this equipment from the
local vendor, Vermeer Southeast Sales & Service, Inc. (Note: This purchase price, which
is at the 2006 GSA Contract pricing level, represents a negotiated savings of $24,353.00
over current Contract pricing, and includes several accessories at no cost.)
(3) Authorize the trade-in of Asset #45729, a 2002 Ditch Witch 2720 horizontal drilling
machine. (Note: In the last year, Utilities experienced 162 days of downtime with this
machine equating to a loss of productivity amounting to $405,000.00 plus an additional
rental cost of $16,000.00 for a rental machine to finish work and maintain project
schedules.) (
#20110262-
UTILITIES)
FUNDING SOURCE:
Equipment.
WHAT ACTION ACCOMPLISHES:
This action will allow Utilities to systematically install new water lines to upgrade old
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infrastructure, loop dead end lines to improve water quality, and improve fire flow and
system interconnectivity.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Governmental Utility Authority (FGUA) for the Waterway Estates Sewer Connection
related expenditures for Board approval upon completion of the hard bid process. Final
bids are expected in June 2011. (
#20110269-
UTILITIES)
FUNDING SOURCE:
Wastewater Treatment Plant Flow Diversion.
WHAT ACTION ACCOMPLISHES:
Reimburses FGUA fees for the development of the corridor study and design build criteria
for the Connection Facilities, and fulfills part of our obligations to reimburse the FGUA for
the design and construction of the Connection Facilities.
MANAGEMENT RECOMMENDATION:
Approval.
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried.
C)
ACTION REQUESTED/PURPOSE:
Approve, and authorize the Chair to execute,
Supplemental Task Authorization (STA) No.
1
known as Pinewoods WTP Wellfield Electrical Improvements in the not to exceed amount
of $149,305.00. (
#20110270-
UTILITIES)
FUNDING SOURCE:
Project: Pinewoods Wellfield Electrical Improvements.
WHAT ACTION ACCOMPLISHES:
Authorizes use of consultant to perform engineering design, prepare construction drawings
and Bid package technical specifications for the Pinewoods Water Treatment Plant (WTP)
nano-filtration (NF) wellfield electrical upgrades.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried.
D)
ACTION REQUESTED/PURPOSE:
Approve
Change Order #2
under CN-09-07 Olga Water Treatment Plant Improvements
$65,715.00. The aggregate amount of Change Order #1 ($48,890.00) and Change Order
#2 ($65,715.00) is $114,605.00. Authorize Chair execute Change Order on behalf of the
Board upon receipt. (
#20110271-
UTILITIES)
FUNDING SOURCE:
Treatment Plant Reservoir & Plant Improvements.
WHAT ACTION ACCOMPLISHES:
Provides funds to complete additional work covered under Change Order #2.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried.
14. COUNTY ATTORNEY
A)
ACTION REQUESTED/PURPOSE:
Approve settlement in several tax overbid cases consolidated in Excess Proceeds Services,
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BOOK - 2011R - B.O.C.C.-----------------------------------
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Claim No.
2002-4024
2003-1715
2002-3933
2003-380
2003-5282
2003-4802
2003-4192
Claimants
Excess Proceeds
Excess Proceeds
Excess Proceeds
Excess Proceeds
Rep. Thomas
Rep. Margos
Rep. Noden
Amount
$6,977.85
$14,314.61
$3,554.97
$4,869.63
$8,454.61
$14,644.72
$9,899.11
(
#20110259-
COUNTY ATTORNEY)
FUNDING SOURCE:
General Fund - Non-Departmental.
WHAT ACTION ACCOMPLISHES:
Settles cases of disputed application for overbid funds resulting from delinquent tax sales
of real property.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried.
15. HEARING EXAMINER
No requests received.
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. (
#20110278-
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 Judah, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Approve the Minutes for the following meetings of the Board of County Commissioners
held during the week of March 28 through February
April
1, 2011:
March 29, 2011 (Regular)
(
#20110279-
MINUTES)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Approval of the Board Minutes, pursuant to Florida Statute 286.011.
MANAGEMENT RECOMMENDATION:
Approve.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
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Consent Agenda Item 16(b), under
ACTION REQUESTED/PURPOSE,
should be revised to read as follows:
Approve the Minutes of the following Meetings of the Board of County Commissioners held during the week of
March 28 through April 1, 2011: March 29, 2011 (Regular).
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Bigelow absent.
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried.
C)
ACTION REQUESTED/PURPOSE:
Approve and sign the
FY10 Annual Financial Report
and Finance (Department). (
#20110280-
FINANCE)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
To comply with Section 218.32, Florida Statutes, requiring that within 45 days after
completion of the audit each local governmental entity shall submit a copy of its annual
financial report, for the previous fiscal year, to the Department. Noncompliance with
Section 218.32, Florida Statutes, will cause the Department to notify the Legislative
Auditing Committee which may require the withholding of funds payable to the County by
MANAGEMENT RECOMMENDATION:
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
No requests received.
ADMINISTRATIVE AGENDA
1. COUNTY ADMINISTRATION
A)
ACTION REQUESTED/PURPOSE:
Authorize the demolition of building commonly referred to as Seafarers' Village located on
(
#20110266-
COUNTY MANAGER)
FUNDING SOURCE:
General Fund.
WHAT ACTION ACCOMPLISHES:
Action allows for removal of a dilapidated structure on County-owned property and
establishes the will of the Board for future use of site.
MANAGEMENT RECOMMENDATION:
Approve.
Assistant County Manager Pete Winton noted that there would be no formal presentation of this item, acknowledged
discussion of this item at the Tourist Development Council (TDC) meeting last Friday, and stated Staff was present to
respond to questions. Following comments by the individual Commissioners, Commissioner Manning acknowledged
willingness to discuss the future of the property with the town and the Mayor, and moved approval, seconded by
Commissioner Hall, called and carried with Commissioner Bigelow voting nay.
2. COMMUNITY DEVELOPMENT
No requests received.
3. CONSTRUCTION AND DESIGN
No requests received.
4. COUNTY COMMISSIONERS
No requests received.
5. COUNTY LANDS
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No requests received.
6. HUMAN SERVICES
No requests received.
7. INDEPENDENT
No requests received.
8. NATURAL RESOURCES/ SOLID WASTE
A)
ACTION REQUESTED/PURPOSE:
Authorize staff to advertise a Public Hearing to be held on May 10, 2011 at 5:00 p.m. to
consider amendments to County Ordinances 08-10 and 07-25 that will establish certain
requirements and allowances for certain multi-family residential properties and private
recovered material dealers related to the collection of recycling materials from such multi-
family residential properties. (
#20110263-
SOLID WASTE)
FUNDING SOURCE:
Not applicable.
WHAT ACTION ACCOMPLISHES:
Establishes a date and time for a public hearing.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Approve the request to change the ownership and control of the Solid Waste and Recycling
publicly traded company, upon receipt of any documents (e.g. insurance, bond, guarantee,
#20110264-
SOLID WASTE)
FUNDING SOURCE:
No funding is required.
WHAT ACTION ACCOMPLISHES:
Hygiene, Inc. and allows Swisher Hygiene, Inc., as the parent company, to become the
Guarantor with ultimate responsibility for the franchise collection contract for service area
number 4.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
9. PARKS AND RECREATION
No requests received.
10. PUBLIC SAFETY
No requests received.
11. PUBLIC WORKS ADMINISTRATION
No requests received.
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No requests received.
13. UTILITIES
No requests received.
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 AM PUBLIC HEARING
1.
Approve Resolution amending Resolution No. 05-11-81 adopted on November 29, 2005
designating certain managerial or policy-making positions within FRS Senior Management
and inactivate positions of Smart Growth and Public Works Directors. Approve dual occupation
of SMSC positions by the successor and the retiring incumbent for a period of time for training
purposes. (
#20110252-
HUMAN RESOURCES)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
and predecessor, in the proper SMSC positions.
MANAGEMENT RECOMMENDATION:
Approve.
Affidavits of Publication and
Notice of Intent
for the 9:30 a.m. Agenda Item 1; and briefly reviewed the request. The Chairman called for public
comment; however, no one came forward. Commissioner Manning moved approval, seconded by Commissioner
Hall, called and carried.
RESOLUTION NO. 11-04-27
WALK-ON ITEM NO. 1 WAS HEARD DURING THE PRESENTATION PORTION OF THE MEETING.
WALK-ON ITEM NO. 1
4. COUNTY COMMISSIONERS
1. ACTION REQUESTED/PURPOSE:
Ceremonial presentation recognizing the “Taking it to the Streets” Campaign. (
#20110296-
COUNTY
COMMISSIONERS)
Commissioner Mann read and presented a
Ceremonial Resolution
proclaiming Wednesday, April 13 through
Saturday, April 23, 2011, as Lee County’s official “Taking it to the Streets” campaign; and encouraging residents and
visitors of Lee County and the City of Fort Myers to consider, utilize, and track alternatives to drive-alone commuting
as participants in the “Taking it to the Streets” campaign. Department of Community Sustainability Program Manager
WALK-ON ITEM NO. 2
1. COUNTY ADMINISTRATION
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2. ACTION REQUESTED/PURPOSE:
Palms Park. (
#20110301-
COUNTY MANAGER)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
MANAGEMENT RECOMMENDATION:
Approve.
REASON FOR WALK ON:
Requested by the Board at its April 4, 2011 Management & Planning meeting.
Assistant County Manager Pete Winton noted that during the April 4, 2011 Management & Planning (M & P) meeting
there was Board consensus to close out the letter of interest submitted last March 2010. Commissioner Judah noted
the most recent
correspondence
received April 8, 2011 (copy on file in the Minutes Office) from the NSCC. Lengthy
Board discussion ensued with Interim County Attorney Andrea Fraser, Economic Development Director Jim Moore
responding to Board questions. Commissioner Judah moved to direct Staff to look into NSCC’s revised proposal,
seconded by Commissioner Bigelow. Commissioner Hall moved to reconsider the vote, which failed for lack of a
second. The main motion was called and carried with Commissioner Hall voting nay. Following further Board
discussion and clarification from Attorney Fraser, Chairman Mann directed the Economic Development Office to
work with the NSCC. Commissioner Judah moved to bring back recommendations in 30 days, seconded by
Commissioner Manning, called and carried.
COMMISSIONER ITEMS
PAIN MEDICATION CLINICS – Commissioner Judah requested a moratorium on the licensing of
pain clinics, and to direct staff to skip the request for public hearing and bring the Ordinance directly to public hearing
COMMITTEE APPOINTMENTS
PARKS AND
RECREATION ADVISORY COMMITTEE.
Commissioner Hall moved approval, seconded by Commissioner
Manning, called and carried.
,
PARKS AND RECREATION ADVISORY COMMITTEE;
and reappoint Larry Steinborn to the
PARTNERING
FOR RESULTS COMMITTEE
, seconded by Commissioner Bigelow, called and carried.
PARTNERING FOR RESULTS
COMMITTEE,
seconded by Commissioner Manning, called and carried.
COUNTY MANAGER ITEMS
meeting scheduled for May 2
nd
would be moved to May 9th, 2011, with the M&P overflow moved to May 16, 2011.
Commissioner Hall so moved, seconded by Commissioner Manning, called and carried.
Ms. Schwartz stated that the draft letter provided to the Board requests authorization for Staff to work
with Senator Michael S. Bennett to include parts of Lee County as an Energy Economic Zone. Commissioner
Manning so moved, seconded by Commissioner Judah, called and carried.
COUNTY ATTORNEY ITEMS
Public Presentation of Matters by Citizens:
The Chairman called for public comment and the following concerned citizens came forward:
expressed concern over his personal business that was cited for code
violations concerning a certificate of use.
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Alva resident
distributed
handout
(copy on file in the Minutes Office) noting issues
(SFWMD). He requested that the Board take immediate action to change the
Surface Water Management Plan. He then requested that the County deny
issuance for the requested permit for SR-31 canal.
Chris Schaab
noted that there was a need for “foot traffic control”.
The Chairman adjourned the meeting at 11:51 a.m.
__________________________
_____________________________
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