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BOOK - 2011R - B.O.C.C.-----------------------------------
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-------------------------------------- PAGE: 365
AUGUST 23, 2011
The
Regular Meeting
of the
was held on this date with the
following Commissioners present:
ANNOUNCEMENTS
Referring to the
Agenda Recap Sheet
dated August 23, 2011, the Chairman announced that:
Administrative Agenda Item 10(a) should be deferred for one week to allow further review.
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
On Consent Agenda Item 1(a), revise the amount in the
ACTION REQUESTED/PURPOSE
from
$250,000.00 to $260,000.00. Also revise the amount in the
Background
from $20,000.00 to $30,000.00.
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
One Walk on Item would be taken at the appropriate time.
Support letter for Property Assessed Clean Energy (PACE) program.
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:
A2(a) – Estero Community Planning Panel Treasurer
Beverly MacNellis
A2(a) – Estero Community Planning Panel Chairman Emeritus
Neal Noethlich
C5(a) – Park 41 Gardens, Inc. representative
K’Shana Haynie
The following are the Consent Agenda items that each Board member wished to have discussed:
Commissioner Mann - None
Commissioner Manning - None
Commissioner Judah - None
Commissioner Hall - None
Commissioner Bigelow – C13(i), C13(j), C13(k) and C5(a)
CONSENT AGENDA
1. COUNTY ADMINISTRATION
A)
ACTION REQUESTED/PURPOSE:
Request Board approve a
budget transfer
of $250,000.00 $260,000.00 from reserves to
FY09-10 year end reconciliation of estimated to actual expenses and a rate increase for the
fiscal year beginning July 1, 2011. (
#20110660-
COUNTY MANAGER)
FUNDING SOURCE:
Juvenile Predisposition Detention Fund.
WHAT ACTION ACCOMPLISHES:
Provides $250,000.00 from fund reserves to cover expenses.
MANAGEMENT RECOMMENDATION:
Approve.
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DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
On Consent Agenda Item 1(a), revise the amount in the
ACTION REQUESTED/PURPOSE
from $250,000.00 to
$260,000.00. Also revise the amount in the
Background
from $20,000.00 to $30,000.00. Commissioner Manning
moved approval, seconded by Commissioner Judah, called and carried.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
2. COMMUNITY DEVELOPMENT
A)
ACTION REQUESTED/PURPOSE:
Amend existing contracts and approve a new contract under the SHIP (State Housing
Initiatives Partnership) Program:
Contract
C-4736:
Extend from August 30, 2011 to October 31, 2011.
Contract
C-5462:
Extend from August 31, 2011 to October 31, 2011. Reduce by
$98,000.00 from $418,000.00 to $320,000.00 and change the project scope from the
rehabilitation of 19 homes for 10 very-low, 8 low and 1 moderate income homeowner to
the rehabilitation of 16 homes for 8 very low and 8 low income homeowners.
Contract
C-5630:
Extend from September 30, 2011 to October 31, 2011.
Increase by $74,000.00 from $95,000.00 to $169,000.00 and change the project scope from
the acquisition/rehabilitation/resale of 3 single family homes for 1 very-low and 2-low
income homebuyers to 5 single family homes for 2 very low and 3 low income
homebuyers.
Contract
C-5463:
Increase by $24,000.00 from $66,000.00 to $90,000.00 and
change the project scope from the acquisition/rehabilitation/resale of 6 single family homes
for 3 very low, 2 low and 1 moderate homebuyers to 3 very low and 3 low income
homebuyers.
Partnership In Housing, Inc.
Contract
C-5591:
Change the project scope from the rehabilitation of 36 units for
36 very low income farm worker rental households to 36 units for 21 very low income and
15 low income farm worker households.
Execute a new
contract for $76,291.00
for rehabilitation activities at Pueblo
Bonito in 40 units with 20 very low and 20 low income farm worker households by
October 31, 2011. (
#20110652-
COMMUNITY DEVELOPMENT)
FUNDING SOURCE:
SHIP Local Housing Assistance Funds - existing budget.
WHAT ACTION ACCOMPLISHES:
Provides additional time to complete existing contracts and additional funds to rehabilite
farm worker occupied rental units.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
3. CONSTRUCTION AND DESIGN
No requests received.
4. COUNTY COMMISSIONERS
No requests received.
5. COUNTY LANDS
A)
ACTION REQUESTED/PURPOSE:
A) Approve re-conveyance of a portion of Viewer's Road, currently known as Brown
Road, located in Section 34, Township 43 South, Range 24 East; B) authorize Chairman to
execute
County Deed;
and C) authorize County Lands Division to handle all
documentation necessary to complete transaction. (
#20110577-
COUNTY LANDS)
FUNDING SOURCE:
All costs are to be paid by requestor.
WHAT ACTION ACCOMPLISHES:
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Returns the portion of Brown Road, not being used for intended purposes, to the adjacent
owner.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
Following Chief Assistant County Attorney Donna Marie Collins’ response to questions from the Board,
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
367
6. HUMAN SERVICES
No requests received.
7. INDEPENDENT
A)
ACTION REQUESTED/PURPOSE:
Approve a Resolution amending Administrative Code 3-10, External Fees & Charges
Manual, External Fee 21-6 Taxicab and Livery Fees, to include additional fees adopted by
Ordinance 11-07. (
#20110663-
PUBLIC RESOURCES)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Authorizes & updates EX 21-6 to include additional fees as adopted by Ordinance 11-07
Taxicab & Livery; Driver Identification Card & Vehicle Permit Sticker charges.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NO. 11-08-29
8. NATURAL RESOURCES/ SOLID WASTE
A)
ACTION REQUESTED/PURPOSE:
obtain State cost share eligibility. (
#20110653-
NATURAL RESOURCES)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Enables the County to qualify for State assistance for beach erosion control projects.
MANAGEMENT RECOMMENDATION:
Management recommends approval.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NO. 11-08-30
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:
1. Award B-11-19 Annual Contract for Directional Bore Services to the lowest responsive,
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BOOK - 2011R - B.O.C.C.-----------------------------------
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responsible bidders meeting all bid requirements,
and
Roberts Drilling, Inc.
(both local vendors) for a contract duration of one (1) year with two
(2) renewal options with an annual not-to-exceed budget of $300,000.00 on a per-project
basis.
2. Authorize Chair to execute agreements upon receipt.
(
#20110608-
TRANSPORTATION)
FUNDING SOURCE:
On a project by project basis not-to-exceed $300,000.00 per year.
WHAT ACTION ACCOMPLISHES:
County projects on an as-needed basis.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Approve
Change Order No. 2
to project B-11-09 County-wide Roadway Resurfacing
Improvements Contract 1, FY 11 to C.W. Roberts Contracting, Inc. (a local vendor),
Contract No. 5589 in the amount of $34,130.70.
Authorize Chair to execute Change Order on behalf of the Board.
(
#20110628-
TRANSPORTATION)
FUNDING SOURCE:
Road Resurfacing/Rebuild.
WHAT ACTION ACCOMPLISHES:
Compensates contractor for asphalt escalation for a period of June 1, 2011 to June 30,
2011.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
13. UTILITIES
A)
ACTION REQUESTED/PURPOSE:
Developer Contributed Asset: Approve final acceptance, by Resolution, as a donation of
one potable water service and a force main connection, to provide potable water service
and sanitary sewer service to Seminole Gulf Railway, a recently constructed maintenance
facility. This asset is project located on the north side of Landing View Road
approximately 500-feet west of Metro Parkway. (
#20110612-
UTILITIES)
FUNDING SOURCE:
No funds required.
WHAT ACTION ACCOMPLISHES:
Provides adequate utility infrastructure to support development of the subject property, and
MANAGEMENT RECOMMENDATION:
Approval.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NO. 11-08-31
B)
ACTION REQUESTED/PURPOSE:
Developer Contributed Asset: Approve final acceptance, by Resolution, as a donation of
an existing industrial building. This asset project is located along the west side of Metro
#20110613-
UTILITIES)
FUNDING SOURCE:
No funds required.
WHAT ACTION ACCOMPLISHES:
Provides adequate utility infrastructure to support development of the subject property, and
MANAGEMENT RECOMMENDATION:
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Approval.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NO. 11-08-32
C)
ACTION REQUESTED/PURPOSE:
Developer Contributed Asset: Approve final acceptance, by Resolution, as a donation of
one 6-inch diameter fire line, to provide fire protection to the existing Bayshore
the northwest corner of Williams Road and Samville Road. (
#20110615-
UTILITIES)
FUNDING SOURCE:
No funds required.
WHAT ACTION ACCOMPLISHES:
Provides adequate utility infrastructure to support development of the subject property and
MANAGEMENT RECOMMENDATION:
Approval.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NO. 11-08-33
D)
ACTION REQUESTED/PURPOSE:
Developer Contributed Asset: Approve final acceptance, by Resolution and recording of
one (1) utility easement,
as a donation of a water main extension and one 4-inch diameter
fire line, to provide potable water service and fire protection service to American Legion
Post 336, a recently constructed commercial building. This asset project is located on the
south side of Bayshore Road, approximately ¼ mile east of Hart Road.
(
#20110616-
UTILITIES)
FUNDING SOURCE:
No funds required.
WHAT ACTION ACCOMPLISHES:
Provides adequate utility infrastructure to support development of the subject property, and
MANAGEMENT RECOMMENDATION:
Approval.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NO. 11-08-34
E)
ACTION REQUESTED/PURPOSE:
Developer Contributed Asset: Approve final acceptance, by Resolution and recording of
one (1) utility easement,
as a donation of one fire hydrant, to provide fire protection to All
Scrap Recycling, an existing commercial business. This asset project is located on the east
Boulevard. (
#20110637-
UTILITIES)
FUNDING SOURCE:
No funds required.
WHAT ACTION ACCOMPLISHES:
Provides adequate utility infrastructure to support redevelopment of the subject property,
MANAGEMENT RECOMMENDATION:
Approval.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NO. 11-08-35
F)
ACTION REQUESTED/PURPOSE:
Developer Contributed Asset: Approve final acceptance, by Resolution and recording of
one (1) utility easement,
as a donation of one force main extension, to provide sanitary
sewer service to the existing Covered Wagon RV Resort. This asset project is located on
the west side of South Tamiami Trail, approximately ¼ mile south of Corkscrew Road.
(
#20110638-
UTILITIES)
FUNDING SOURCE:
No funds required.
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WHAT ACTION ACCOMPLISHES:
Provides adequate utility infrastructure to and will allow for the abatement of the existing
Manual.
MANAGEMENT RECOMMENDATION:
Approval.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NO. 11-08-36
G)
ACTION REQUESTED/PURPOSE:
Developer Contributed Asset: Approve final acceptance, by Resolution, as a donation of, a
water distribution system, two 8-inch diameter fire lines and a gravity collection system, to
General Aviation (GA) Terminal, a recently constructed airport related development. This
Street, between 41 and North Airport Road. (
#20110639-
UTILITIES)
FUNDING SOURCE:
No funds required.
WHAT ACTION ACCOMPLISHES:
Provides adequate utility infrastructure to support development of the subject property, and
MANAGEMENT RECOMMENDATION:
Approval.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NO. 11-08-37
H)
ACTION REQUESTED/PURPOSE:
A) Award B-11-20 Liquid Lime Residual Hauling and Disposal, to the lowest, responsive,
responsible bidder,
(a local contractor) for an estimated annual
amount of $331,200.00.
B) Approve the term of this contract for a period of One (1) year (starting October 1, 2011)
with Four (4) one-year renewable terms for a total of Five (5) years.
C) Authorize Chair to execute agreement on behalf of the Board upon receipt.
(
#20110622-
UTILITIES)
FUNDING SOURCE:
& Waterway Estates Water Treatment Plant; Project: Trash, Garbage & Sludge Removal.
WHAT ACTION ACCOMPLISHES:
and Waterway Estates Water Treatment Plants.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
CONSENT AGENDA ITEMS 13(i), 13(j), AND 13(k) WERE HEARD SIMULTANEOULY.
I)
ACTION REQUESTED/PURPOSE:
A) Concur with the ranking by the Competitive Negotiations Committee for CN-11-10
following order:
2) Tetra Tech, Inc.
4) Hazen and Sawyer, PC.
B) Authorize negotiations with the number one ranked firm. (
#20110607-
UTILITIES)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
To provide the design for the replacement of the existing odor control system, which is at
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the end of its life cycle and unreliable. The design will also provide specifications for the
removal of the abandoned pressure filters and chlorine contact tower.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
Commissioner Bigelow expressed his longstanding objection in the selection process. Commissioner Judah moved
approval of Consent Agenda Items 13(i), 13(j), and 13(k), seconded by Commissioner Manning. Utilities Director
Pam Keyes responded to Commissioner Hall’s question on the Engineer of Record, and agreed to her request that the
County go local in subsequent awards. The motion was called and carried with Commissioner Bigelow voting nay.
J)
ACTION REQUESTED/PURPOSE:
A) Concur with the ranking by the Competitive Negotiations Committee for CN-11-09
Fiesta Village WWTP Switchgear and Generator Replacement in the following order:
1) RKS Consulting Engineers, Inc.
2) Stantec Consulting Services, Inc.
3) Tetra Tech, Inc. (all local Consultants).
B) Authorize negotiations with the number one ranked firm. (
#20110647-
UTILITIES)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
To provide the design, permitting, construction observation and inspection services for the
Fiesta Village WWTP Switchgear and Generator Replacement.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
Commissioner Bigelow expressed his longstanding objection in the selection process. Commissioner Judah moved
approval of Consent Agenda Items 13(i), 13(j), and 13(k), seconded by Commissioner Manning. Utilities Director
Pam Keyes responded to Commissioner Hall’s question on the Engineer of Record, and agreed to her request that the
County go local in subsequent awards. The motion was called and carried with Commissioner Bigelow voting nay.
K)
ACTION REQUESTED/PURPOSE:
County Utilities Water and Wastewater Engineer of Record in the following order:
1) Carollo Engineers, Inc.
2) Stantec Consulting Services, Inc.
3) Arcadis U.S., Inc.
B) Authorize negotiations with the number one ranked firm. (
#20110650-
UTILITIES)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
for physical inspection of facilities, review of operations for conformance to regulations,
review of insurance requirements, and evaluation of rates and charges with Bond
Covenants. The Engineer of Record also provides an annual report with evaluations and
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
Commissioner Bigelow expressed his longstanding objection in the selection process. Commissioner Judah moved
approval of Consent Agenda Items 13(i), 13(j), and 13(k), seconded by Commissioner Manning. Utilities Director
Pam Keyes responded to Commissioner Hall’s question on the Engineer of Record, and agreed to her request that the
County go local in subsequent awards. The motion was called and carried with Commissioner Bigelow voting nay.
L)
ACTION REQUESTED/PURPOSE:
responsive, responsible bidder meeting all bid requirements,
Inc.
, (a local Contractor), for the not to exceed amount of $351,725.00, with a project
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completion time of 210 calendar days.
B) Authorize Chair to execute contract on behalf of the Board upon receipt.
(
#20110659-
UTILITIES)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
This project includes replacement of the existing 16” diameter Ductile Iron Pipe Sewer
between Kelly Road and Lift Station 2256.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
M)
ACTION REQUESTED/PURPOSE:
Parts and Services for Utilities, from the awarded vendor Rexel Mader, with an estimated
annual expenditure of $200,000.00. (
#20110661-
UTILITIES)
FUNDING SOURCE:
Collection, Water Treatment Plants, Wastewater Treatment Plants and Systems
WHAT ACTION ACCOMPLISHES:
Allows Utilities to get direct support from this specialized vendor on an as needed basis, in
a cost effective, efficient and timely manner for an annual expenditure of $200,000.00.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
14. COUNTY ATTORNEY
No requests received.
15. HEARING EXAMINER
No requests received.
16. CONSTITUTIONAL OFFICERS
A)
ACTION REQUESTED/PURPOSE:
Approve the Minutes for the following meetings of the Board of County Commissioners
held during the week of August 8 through August 12, 2011:
August 08, 2011 (Management & Planning)
August 09, 2011 (Regular).
(
#20110668-
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 Manning, called and carried.
B)
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. (
#20110669-
FINANCE)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
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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.
C)
ACTION REQUESTED/PURPOSE:
Request Board approval for the extension of the 2011 tax roll by the Property Appraiser to
the Tax Collector prior to the completion of value adjustment board hearings, pursuant to
Florida Statute 197.323. (
#20110670-
TAX COLLECTOR)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Allows the Tax Collector to mail 2011 tax notices on or before November 1, 2011; to
collect and distribute tax revenue to taxing authorities before completion of value
adjustment board hearings.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
No requests received.
ADMINISTRATIVE AGENDA
1. COUNTY ADMINISTRATION
No requests received.
2. COMMUNITY DEVELOPMENT
A)
ACTION REQUESTED/PURPOSE:
Review and approve a grant award
agreement with the Estero Community Planning Panel
to update the Estero Community Plan. (
#20110559-
COMMUNITY DEVELOPMENT)
FUNDING SOURCE:
Unincorporated MSTU/community planning. The Estero Community Planning Panel is
requesting a grant of $50,000.00 and contributing an additional $50,000.00 to the project
via matching funds and in kind services.
WHAT ACTION ACCOMPLISHES:
Enables the ECCP to update its community planning efforts through amendments to both
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning. Following brief comments by
Commissioner Judah, the motion was called and carried.
3. CONSTRUCTION AND DESIGN
No requests received.
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
A)
ACTION REQUESTED/PURPOSE:
(A.)Approve Bid Waiver # W-110417 to waive the formal quotation procedure, and allow
Public Safety to purchase radios, major and minor repairs and replacement parts,
components and ancillaries; including, but not limited to, personal computers, servers and
Equipment Communications (a local vendor).
Government Communication Network (GCN) contains proprietary and other protected
(C.) It is also requested that the term of this waiver be on an ongoing basis with a not-to-
exceed annual amount of $775,000.00. Funding will come from the individual division's
budget and they will be responsible for monitoring their own expenditures. (
#20110636-
PUBLIC SAFETY)
FUNDING SOURCE:
Government Communication Network (GCN).
WHAT ACTION ACCOMPLISHES:
Allows Public Safety to purchase required parts, repairs, etc. on an as-needed basis in order
to keep the GCN system fully operational.
MANAGEMENT RECOMMENDATION:
Approve.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
Administrative Agenda Item 10(a) should be deferred for one week to allow further review. Commissioner Manning
moved approval, seconded by Commissioner Judah, called and carried.
11. PUBLIC WORKS ADMINISTRATION
No requests received.
12. TRANSPORTATION
A)
ACTION REQUESTED/PURPOSE:
Approve
Change Order No. 1
$309,965.00.
Authorize Chair to execute Change Order on behalf of the Board.
(
#20110629-
TRANSPORTATION)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
with any additional support as needed to close out the project.
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MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning. Following brief comments from the
Board with Interim Department of Transportation Director Dave Loveland and Deputy County Attorney Andrea
Fraser responding to questions, the motion was called and carried.
13. UTILITIES
No requests received.
14. COUNTY ATTORNEY
A)
ACTION REQUESTED/PURPOSE:
Association,
case no. 07CA-13264,
set for jury trial the week of August 9, 2011, to acquire
a drainage and maintenance easement, for $198,750.00, plus attorneys fees of $23,281.50
(exclusive of court costs and expert witness fees) with approval to install sign in existing
sign easement as set forth in attached mediation settlement agreement.
(
#20110627-
COUNTY ATTORNEY)
FUNDING SOURCE:
Fund: Impact Fees, Program: Capital Improvement Project, Project: Summerlin Road
Widening.
WHAT ACTION ACCOMPLISHES:
Settles the action and removes the case from the August 2011, trial docket.
MANAGEMENT RECOMMENDATION:
Approve.
Assistant County Attorney John Turner provided the dynamics involved in the mediated settlement with explanation
of the County’s options. After brief comments by Commissioner Judah, Commissioner Manning moved approval,
seconded by Commissioner Judah, called and carried.
15. HEARING EXAMINER
No requests received.
16. CONSTITUTIONAL OFFICERS
No requests received.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
No requests received.
9:30 A.M. AGENDA ITEM –
Public Hearing
1. ACTION REQUESTED/PURPOSE:
Adopt and certify by Resolution the Special Assessment Rolls for 32 MSBU's for collection by the
#20110633-
PUBLIC RESOURCES)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Allows staff to utilize the annual tax bill for the collection of special assessments.
MANAGEMENT RECOMMENDATION:
Approve.
Assistant County Attorney Jed Schneck approved as to legal form and sufficiency, the Affidavit of Publication
regarding this item, and entered it into the record. The Chairman called for public comment; however, no one came
forward. Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NO. 11-08-38
2. ACTION REQUESTED/PURPOSE:
Conduct Public Hearing for the Board of County Commissioners to adopt and certify by
Resolution, the Residential and Commercial Mandatory Solid Waste Collection and Disposal
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Annual Special Assessment Roll, Disposal Facilities Special Assessment Roll, and MSTU Tax
(
#20110635-
SOLID WASTE)
FUNDING SOURCE:
No funds required.
WHAT ACTION ACCOMPLISHES:
provide for the uniform method of collection for non-ad valorem special assessments by the Tax
Collector.
MANAGEMENT RECOMMENDATION:
Adopt and certify by Resolution, the Residential and Commercial Solid Waste Annual Special
Assessment Rolls and MSTU Tax Roll for fiscal year 2011-2012.
Assistant County Attorney Jed Schneck approved as to legal form and sufficiency, the Affidavit of Publication
regarding this item, and entered it into the record. The Chairman called for public comment; however, no one came
forward. Commissioner Judah moved approval, seconded by Commissioner Manning. Following Board comments,
Solid Waste Department Fiscal Manager Tracy Cerchie submitted the FY 2012 Solid Waste Assessment Roll for
today’s public hearing (on file in the Minutes Office). The motion was called and carried.
RESOLUTION NO. 11-08-39
WALK-ON ITEM NO. 1
1. ACTION REQUESTED/PURPOSE:
No. 08CA-6983, as to interest of Lamar Companies, to enter into the attached
Sign Location Lease
to allow Lamar to relocate sign as set forth in attached Sign Location Lease.
(
#20110676-
COUNTY ATTORNEY)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Settles the interest as to Lamar Companies.
MANAGEMENT RECOMMENDATION:
Approve.
REASON FOR WALK ON:
of weeks where the Lamar sign currently resides. Our Sign Location Lease approval will allow
Lamar to remove the sign as quickly as possible on the present site so that work can proceed on
the project.
Commissioner Manning moved approval, seconded by Commissioner Hall. Commissioner Judah expressed his
reasons for non-support of the Sign Location Lease. At the request of the Chairman, Assistant County Attorney
Melody Bowers briefly reviewed the settlement noting that the fee portion had already been settled. Following
comments from the Board, the motion was called and carried, with Commissioner Judah dissenting.
COMMISSIONER ITEMS
TDC AND ECONOMIC DEVELOPMENT NEW SPACE – Commissioner Hall welcomed the Tourist
initiating the E-Comments program to start on August 30, 2011.
Estates, thanked Utilities Director Doug Meurer and his team for their efforts, and asked for an update at a
Management & Planning Meeting to discuss the issue of access to Waterway Estates. The Board agreed.
Commissioner Judah extended congratulations to Attorney Schneck and wished him well in his new career in the
private sector.
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BEACH RENOURISHMENT – Commissioner Judah commented that what had been re-nourished was
fabulous but slow, asked Administration to keep the Board posted, and noted that the project needed to be completed
by Thanksgiving.
TRANSPORTATION CONCURRENCY – Commissioner Judah noted the State Legislature and the
Governor supported removal of the State Growth Management Act, no longer requiring counties to implement
transportation concurrency, leaving to up to the individual counties. He requested a letter be sent to Hendry County
and other adjacent counties requesting retention of transportation concurrency. He further asked that the Chair and
Commissioner Bigelow represent the Board on the Local Planning Council. The Board concurred to take this issue up
at a Management & Planning meeting.
SOLAR WATER HEATER PROGRAM – Commissioner Judah reminded the Board of proposals
received in May to implement a Solar Water Heater Program. Commissioner Manning left the meeting briefly.
Chairman Mann suggested this be brought to the next Management & Planning meeting.
TDC FUNDS AND BOARD’S DIRECTION – Commissioner Judah questioned the change in the
Board’s direction for a legal opinion from the County Attorney on the use of TDC funds for Attorney Fumero’s
contract, and expressed concern with the change of direction. Commissioner Hall suggested the need for better
communication.
COMMISSIONER BIGELOW’S COMMENTS – After commenting on the above Commissioners
items, Commissioner Bigelow asked if the Clerk of Courts would handle the Fort Myers Beach’ request for an
oversight review of their Public Library District. Deputy County Attorney Andrea Fraser indicated the Clerk did not
have the resources at this time and suggested requesting the Auditor General to conduct the review. During Board
discussion, Assistant County Attorney Dawn Perry-Lehnert and Attorney Fraser responded to Board inquiries on the
oversight review issue. Following further discussion, Commissioner Manning moved approval to direct Staff to
prepare a Blue Sheet to consider recommending to either the Clerk or the Auditor General, under 189, whether to
move forward, seconded by Commissioner Hall, called and carried.
REDISTRICTING PROPOSAL – Chairman Mann informed the Board of a phone call from the School
District regarding the three (3) redistricting proposals for public input; and noted that No. 1 was their first choice, and
No. 3 was a fall-back. The Public Hearing is scheduled for Tuesday, September 13, 2011 at 5:05 p.m.
COMMITTEE APPOINTMENTS
There were no Committee Appointments from individual Commissioners.
COUNTY MANAGER ITEMS
week’s Board meeting; the Board agreed. She also noted the existing Administrative Code which provides direction
to the Board’s contract employees and offered to add clarifying language. The Board requested a copy of the existing
Code as written.
COUNTY ATTORNEY ITEMS
Public Presentation of Matters by Citizens
Alva resident
meeting and with the proposal of moving water during dry season to supplement
property was down 15%, while taxes are up, and requested the Board’s
consideration on this matter.
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The Chairman adjourned the meeting at 11:09 a.m.
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