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BOOK - 2011R - B.O.C.C.------------------------------------
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NOVEMBER 15, 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. and acknowledged the attendance of senior
officers of the Minnesota Twins Dave St. Peter and Jerry Bell. The Invocation was given by Reverend. Clinton
Cottrell, of the Cypress Lake Presbyterian Church, followed by the Pledge of Allegiance.
PRESENTATIONS
Annual Reorganization of the Board of County Commissioners
Commissioner Mann noted it was a pleasure to serve as the Chairman, and briefly reviewed the
voting process under the County Charter. Clerk of Courts Charlie Green noted a second was not necessary and
called for nominations for Chairman. Commissioner Mann nominated Commissioner Manning for Chairman.
Noting there were no further nominations, Mr. Green called for a voice vote and Commissioner Manning was
selected unanimously. Mr. Green turned the floor over to Chairman Manning for selection of a Vice-Chairman.
Commissioner Mann nominated Commissioner Bigelow for Vice-Chair. Following a voice vote, Commissioner
Bigelow was selected by a 4-1 vote, with Commissioner Judah voting nay. (
#20110865-County Commissioners)
Commissioner Judah read and presented a Ceremonial Resolution proclaiming November 17, 2011
Employees and citizens to live healthier and happier lives by seeking support and stopping use of tobacco
products. The Resolution was accepted by Brendan Donohue, representing the Tobacco Free Coalition, joined by
members of
Students Working Against Tobacco
#20110938-County Commissioners)
ANNOUNCEMENTS
Referring to the Agenda
Recap
Sheet dated November 15, 2011, the Chairman announced that
Consent Agenda Item14B should be moved to the Administrative Agenda.
Commissioner Judah moved approval, seconded by Commissioner Mann, called and carried.
One Carry-Over item 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 input and the following came forward:
Consent (C) CO1, and Administrative (A) 14B
CO1 -
Marissa Polgas,
representing the conservancy of SW FL
CO1 - Clerk of Court
CO1 -
CO1 -
CO1 -
CO1 -
Daniel DeLisi,
CO1 -
representing RAGFMBon
CO1 -
C14A -
of The Pavese Law Firm, representing WCI – Pelican Landing
The following are the Consent Agenda items that each Board member wished to have discussed:
Commissioner Mann - none
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Commissioner Manning - none
Commissioner Judah - 16A
Commissioner Hall - none
Commissioner Bigelow – none
CONSENT AGENDA
1
.
COUNTY ADMINISTRATION
No requests received.
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 an 11,272 square foot easement located
along future Metro Parkway Extension/identified as Parcel 102-AE, for the Alico
Road/Briarcliff Stormwater Drainage Canal Project No. 4030 and Briarcliff Water
Improvements Project No. 8574, in the amount of $15,000;
B) Authorize the Chair on behalf of the Board to execute the Purchase Agreement;
C) Authorize the payment of necessary costs and fees to close;
complete this transaction. (#20110921-COUNTY LANDS)
FUNDING SOURCE
:
Road.
WHAT ACTION ACCOMPLISHES
:
Acquisition of property necessary for the Alico Road-Briarcliff Stormwater Drainage
Canal Project No. 4030 and Briarcliff Water Improvements Project No. 8574, without the
necessity of an eminent domain action.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
6.
HUMAN SERVICES
No requests received.
7. INDEPENDENT
.
A)
ACTION REQUESTED/PURPOSE
:
A). Approve the award of Formal Quotation No. Q-110455 The Annual Purchase of Sod
County Tabulation sheet.
B). The initial term of this quote is for one year and request the authority to renew this
quote for an additional four one-year periods using negotiation as stated in the quote.
C). The County estimates spending approximately $300,000 annually for sod.
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(#20110924-PROCUREMENT MANAGEMENT)
FUNDING SOURCE
:
Various departments. Purchases will be made based upon available budgeted funds for the
specific department.
WHAT ACTION ACCOMPLISHES:
Provides sod at competitive pricing and convenient locations to meet the County's
$300,000 anticipated annual sod need.
MANAGEMENT RECOMMENDATION
:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
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
A)
ACTION REQUESTED/PURPOSE:
Adopt Resolution extending the commencement, phase, build-out and expiration dates for
the Pelican Landing Development of Regional Impact (DRI) by four years.
(#20110859-COUNTY ATTORNEY)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Extends the commencement, phase, build-out and expiration dates in accordance with
MANAGEMENT RECOMMENDATION
: Adopt Resolution approving Development
Order Amendment.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
RESOLUTION NO. 11-11-25
B)
ACTION REQUESTED/PURPOSE:
Acknowledge description of new commission district boundaries for placement into the
record. (#20110929-COUNTY ATTORNEY)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Complies with Florida Statutory requirement that an accurate description of new
commission district boundaries be entered into the minutes following adoption.
MANAGEMENT RECOMMENDATION
:
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Approve
SEE ADMINISTRATIVE AGENDA ITEM A14(A) FOR ACTION TAKEN.
15. HEARING EXAMINER
No requests received.
16. CONSTITUTIONAL OFFICERS
A
)
ACTION REQUESTED/PURPOSE:
Criminal Alien Assistance Program (SCAAP) award in the amount of $200,764.00, as well
as approve LCSO recommendations on how the funds should be allocated.
(#20110930-SHERIFF)
FUNDING SOURCE
:
N/A.
WHAT ACTION ACCOMPLISHES
:
reimbursement expenditures associated with housing illegal aliens in our detention
facilities. Approval will allow the LCSO to purchase requested expenditures for
corrections purposes only.
MANAGEMENT RECOMMENDATION:
Approve.
Responding to Commissioner Judah’s questions related to the County’s Budget, Lee County Sheriff’s Office
Deputy Director Bill Bergquist clarified the allocation of the funds would be SCAAP funds. Commissioner Judah
moved approval for discussion, seconded by Commissioner Mann, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Request Board to approve budget transfer to the Sheriff's FY 10/11 Budget to facilitate the
year-end close out and the return of $3,622,074.12 of unspent funds for the fiscal year.
Also, accept the transfer of $2,441.07 from the Law Enforcement Trust Fund-Reg
(Forfeitures), $22,351.78 from interest earnings, $161,272.50 from excess revenues
deposited into the L.E. Trust Fund-Reg., $64,761.84 from September Civil Fees and
County Sheriff's Office of unspent revenues from the False Alarm Reduction Program the
Sheriff's Office of unspent budget-general fund the amount of $1,500,000 for FY 10/11.
These funds will help facilitate the upgrading of the CAD (Computer Aided Dispatch
System) which has outlived its life expectancy and must be upgraded and replaced in the
year 2012. (#20110932-SHERIFF)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Sheriff and Board of County Commissioners adjust accounts at the close of each fiscal
year to facilitate the reconciliation of expenditures for the combined annual financial
report. This annual audit is required by Florida Statutes.
MANAGEMENT RECOMMENDATION:
Approve return of non-spent and collected funds.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
C)
ACTION REQUESTED/PURPOSE:
FY 10/11 from revenues collected from various fees, services, etc. (see below) that were
collected by the Sheriff's Office during the period of 8/1/11 through 9/30/11. Also
approve transfers within budget line items within the Sheriff's Office allocation.
(#20110933-SHERIFF)
FUNDING SOURCE:
General fund.
WHAT ACTION ACCOMPLISHES:
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Board approval is needed to expend funds collected.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
D)
ACTION REQUESTED/PURPOSE:
Request Board approves
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.
(#20110937-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 Mann, called and carried.
E)
ACTION REQUESTED/PURPOSE:
Approve the Minutes for the following meetings of the Board of County Commissioners
held during the week of October 31 through November 04, 2011: November 1, 2011
(Regular). (#20110938-MINUTES)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Approval of the Board Minutes, pursuant to Florida Statute 286.011.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
No requests received.
ADMINISTRATIVE AGENDA
1. COUNTY ADMINISTRATION
A) ACTION REQUESTED/PURPOSE:
(GIBA) bridges replacement project, and a presentation of any financial due diligence
received to-date related to the GIBA's request for a County guaranty of a short-term
commercial paper loan. (#20110931-COUNTY MANAGER)
FUNDING SOURCE
:
N/A.
WHAT ACTION ACCOMPLISHES:
Further information will be provided to the Board as it is received. The County has
requested specific information from the GIBA and its financial advisor (see attached), but
a response had not been received as of the bluesheet deadline.
MANAGEMENT RECOMMENDATION:
No recommendation until further analysis is done.
Assistant County Manager Pete Winton provided follow-up to his e-mail sent to the Commissioners, referred to
several conversations with GIBA and its financial advisor, and advised that staff’s recommendation is for GIBA
to move forward with an RFP for a bank line of credit. Chairman Manning stated the recommendation was not to
recommend anything at this time.
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2. COMMUNITY DEVELOPMENT
A
)
ACTION REQUESTED/PURPOSE:
Accept the 2011 annual Concurrency Report.
(#20110909-COMMUNITY DEVELOPMENT)
FUNDING SOURCE
:
N/A.
WHAT ACTION ACCOMPLISHES
:
Reports on the adequacy of infrastructure as new growth occurs.
MANAGEMENT RECOMMENDATION
:
Approve.
Community Development Senior Engineer Rob Price reviewed the item and noted the concerns from the current
report were Transportation issues. Community Development Director Mary Gibbs provided further clarification
regarding the Report’s use and the impact of The Community Planning Act of 2011 recently passed by the
Legislature. Commissioner Bigelow moved approval, seconded by Commissioner Mann. Responding to
Commissioner Manning’s request as to future coordination of concurrency planning with the Lee County School
Board, Ms. Gibbs stated the County would continue to assist with the School Board’s concurrency planning on an
as-requested basis. The motion was called and carried
3. CONSTRUCTION AND DESIGN
A) ACTION REQUESTED/PURPOSE:
A) Approve award of the Professional Services Agreement to Populous under CN-11-12
the amount of $233,100; and a contingency under the control of Construction & Design for
incidentals and contingencies in the amount of $16,900 Grand total amount: $250,000.
B)
Populous to continue with the design phase should the County so elect and/or sub-
contractors working under Populous.
D) Approve Budget Transfer in the amount of $178,408 from Stadium R&R Reserves and
$71,592 from the Stadiums Improvement major maintenance Project to the Improvements
budget accordingly.
(#20110935-CONSTRUCTION AND DESIGN)
FUNDING SOURCE
:
Fund: Capital Improvement Stadium R&R fund; Program: Capital Project; Project:
WHAT ACTION ACCOMPLISHES
:
Provides a Consultant to assist in the planning and development of possible improvements
County will potentially benefit from and take advantage of a cost savings, while keeping
consistency within the project.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved the item, seconded by Commissioner Mann. Chairman Manning stated that this item
would require a Super Majority vote, and Public Works Director Doug Meurer noted the Board had been briefed
on the purpose of the study for the full facility. Following comments by the individual Board members,
the motion, was called and carried with Commissioner Bigelow voting nay.
4. COUNTY COMMISSIONERS
No requests received.
5. COUNTY LANDS
No requests received.
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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
No requests received.
13. UTILITIES
No requests received.
14. COUNTY ATTORNEY
A) ACTION REQUESTED/PURPOSE:
Acknowledge description of new commission district boundaries for placement into the
record. (#20110929-COUNTY ATTORNEY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Complies with Florida Statutory requirement that an accurate description of new
commission district boundaries be entered into the minutes following adoption.
MANAGEMENT RECOMMENDATION:
Approve.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED
THAT: Consent Agenda Item 14(B) would be moved to the Administrative Agenda.
Chief Assistant County Attorney Donna Marie Collins, in accordance with Florida Statutes, entered an accurate
description of the boundaries of the new districts into the Minutes of the Board and specified the statutory
requirement for publication of the descriptions for two consecutive weeks in the
News-Press
, following which the
Affidavit of Publication will be brought back to the Board for entry into the record, thereby concluding the process
of redistricting. Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried with
Commissioner Bigelow voting nay.
15. HEARING EXAMINER
No requests received.
16. CONSTITUTIONAL OFFICERS
No requests received.
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17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
No requests received.
Carry over Item No. 1 was heard preceding the9:30 AGENDA ITEM – Public Hearing No. 1
9:30 AGENDA ITEM – Public Hearing No. 1:
1. ACTION REQUESTED/PURPOSE:
Conduct a Public Hearing and consider the adoption of amendments to Ordinance 11-03, relating to
(#20110861-SOLID WASTE)
FUNDING SOURCE
Amendments will have an adverse impact to the Solid Waste Enterprise Fund. Additional costs for services
to specified properties will be paid by businesses and multifamily properties.
WHAT ACTION ACCOMPLISHES
If ordinance is adopted, an extended grand-fathering period will be established to allow certain private
companies to collect recoverable materials from specified mobile home and recreational vehicle parks.
Additionally, specified properties will receive certain collection services at no additional fees.
MANAGEMENT RECOMMENDATION
Management endorses the existing ordinance.
Assistant County Attorney Andrea Fraser approved, as to legal form and sufficiency, the Affidavit of Publication
for this item, and briefly described the request. The Chairman called for public input and the following citizens
came forward:
Attorney
& Metal
Siesta Bay resident Duffy Feiss
Tamiami Village resident Kenneth Krysztof
Tamiami Village resident Jean DeLacey
Indian Creek resident Kathy Claprood
Following additional discussion by the Board, and Mr. Sampson; Commissioner Mann moved to allow the status
quo to continue for the 23 mobile home parks and to strike the Sunset Provision, seconded by Commissioner
Bigelow, called and carried with Commissioner Judah voting nay. The Ordinance adopted by the Board and filed
AN ORDINANCE AMENDING ORDINANCE 11-03, RELATING TO
GARBAGE, RECYCLING, AND SOLID WASTE COLLECTION AND
MANDATORY SOLID WASTE COLLECTION AND DISPOSAL UNITS FOR
SERVICE AREAS; PROVIDING FOR INTENT AND DEFINITIONS;
PROVIDING FOR THE PURPOSE OF DISPOSING OF SOLID WASTE
WITHIN THEIR BOUNDARIES; ESTABLISHING THE GOVERNING BODY
WITH POWERS AND DUTIES; PROVIDING FOR RESIDENTIAL AND
COMMERCIAL COLLECTION AND DISPOSAL; PROVIDING FOR
ASSESSMENT AND OWNER RESPONSIBILITY; PROVIDING FOR OUTER
ISLANDS SERVICE AREAS AND GASPARILLA ISLAND; PROVIDING
FOR SPECIAL ASSESSMENT, CERTIFICATION, COLLECTION, SCOPE
AND DELINQUENCIES; ASSESSING GOVERNMENTAL PROPERTY;
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LEVYING SPECIAL ASSESSMENTS AND COLLECTION; CORRECTING
ERRORS AND OMISSIONS; ENFORCEMENT OF DELINQUENT
ASSESSMENTS; PROVIDING FOR RESPONSIBILITY OF CONTRACTOR
AND PROPERTY OWNER FOR GARBAGE, RECYCLING, AND SOLID
WASTE COLLECTION; PROVIDING FOR CONTAINER SPACES AND
PROHIBITING UNLAWFUL DISPOSAL; PROVIDING FOR ABATEMENT
AND ENFORCEMENT; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY, SUPPLEMENTAL AUTHORITY AND EFFECTIVE DATE
Carry over Item No. 1 was heard preceding the 9:30 AGENDA ITEM – Public Hearing No. 1
CARRY OVER ITEM 1:
1. ACTION REQUESTED/PURPOSE:
A. Provide direction to County Lands on preferred procedure for presenting negotiated purchase
price of Conservation 20/20 property to the Board in the future.
(#20110893-COUNTY LANDS)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Establishes procedure for the presentation of purchase agreements on Conservation 20/20 property
to the Board. Provides direction to staff on whether the Board desires amendments to the
ordinance governing the objectives and duties of the Conservation Lands Acquisition and
Stewardship Advisory Committee (CLASAC).
MANAGEMENT RECOMMENDATION:
Approve staff's recommendations on both items.
REASON FOR CARRYOVER:
Deferred by the Board for one week on November 8, 2011
Commissioner Judah moved to delay the item pending completion of an audit of the Conservation 20/20 Program
by the Clerk of Courts; the motion died due to the lack of a second. County Lands Director Karen Maguire
referenced the B list properties already in negotiations and stated there are three blue sheets ready to come to the
Board for action. Commissioner Hall stated concerns as to the county appraisal process and requested that all
information pertinent to the issue be available to the Board for the February 2012 M&P meeting. Commissioner
Hall so moved. Chairman Manning clarified Commissioner Judah’s motion to not implement the Blue Sheet
before the Board today and to ask that by the 1
st
were mentioned be brought back to the Board, seconded by Commissioner Judah, called and carried with
Commissioners Mann and Bigelow voting nay.
COMMISSIONER ITEM
S
when attending the Lee County Legislative Delegation meeting regarding the Mosquito Control District, the local
delegation moved to move to a referendum turning the Mosquito Control District over to Lee County. Senator
Bennett requested Lee County to provide a fiscal analysis of savings if it took over the operation. Commissioner
Mann moved to advise the Legislative Delegation of the Board’s lack of interest in this issue, seconded by
Commissioner Hall, called and carried with Commissioner Bigelow voting nay.
to revive staff discussions with respect to a two and one-half acre parcel of property adjacent to Centennial Park,
and requested a review by County Manager Karen B. Hawes and to continue discussions with the Mayor and his
staff and bring back to the Board at the next Management & Planning Meeting.
City Councilman Kevin McGrail, on behalf of the Veterans Foundation for Southwest Florida, Military Museum
& Library in Cape Coral, for the donation of one of two Lee Tran Buses being retired as of December 10, 2011.
He noted that he would inform Mr. McGrail that buses purchased with funds through a federal grant could not be
donated, but could possibly be obtained through the auctioning process.
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COMMITTEE APPOINTMENTS
Commissioner Hall moved for reappointment of Alex LePera to the
CONSERVATION LAND
ACQUISITION & STEWARDSHIP COMMITTEE,
seconded by Commissioner Manning, called and carried.
to the
HISPANIC AFFAIRS COMMITTEE (RESOLUTION NO. 11-11-26,
seconded by Commissioner Hall,
called and carried.
COUNTY MANAGER ITEMS
available for review on the County’s website.
COUNTY ATTORNEY ITEMS
County vs. Weiman litigation. Commissioner Mann moved approval, seconded by Commissioner Hall, called and
carried.
The Chairman adjourned the meeting at 11:05 a.m.
__________________________
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