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Page 1

BOOK - 2011R - B.O.C.C.------------------------------------------------------------------------------------------------------------------ PAGE: 114


MARCH 8, 2011


The Regular Meeting of the Board of Lee County Commissioners was held on this date with the
following Commissioners present: 


John E. Manning, Vice Chairman
Ray Judah
A. Brian Bigelow


CHAIRMAN MANN AND COMMISSIONER HALL WERE ABSENT FOR THE ENTIRE MEETING DUE TO
COMMITMENTS OUTSIDE THE COUNTY. 


The Vice-Chairman called the meeting to order at 9:31 a.m. The Invocation was given by Pastor
Samantha Keller, of Cypress Lake Presbyterian Church, with special notation of the recent passing of a beloved Fort
Myers pioneering historian, Sara Nell Hendry Gran, followed by the Pledge of Allegiance. 


PRESENTATIONS


Commissioner Bigelow read and presented a Ceremonial Resolution recognizing the Southwest
Florida Chapter #297 and its many dedicated volunteers for its steadfast work on behalf and support of women in
construction, and does proudly proclaim the week of March 6-12, 2011 as Women in Construction Week and
encouraged citizens to congratulate the organization on its many accomplishments. The Resolution was accepted
by Nancy G. Martins, CIT of Shelter Bay Contracting L.L.C. Ms. Martins provided some background on the
organization and expressed her thanks on behalf of the organization for the recognition. 
(#20110173-Commissioner Bigelow) 


Commissioner Judah read and presented a Ceremonial Resolution designating March 2011 as Girl
Scout Anniversary Month and expressed the appreciation of our citizens to the Southwest Florida Council and the
Girl Scouts of the USA for their interest in, and dedication to, America’s youth. The Resolution was accepted by
a representative contingent of Girl Scouts and Girl Scout staff, with comments of appreciation by Sue Stewart, 
Chief Executive Officer of Girl Scouts of Gulf Coast Florida. (#20110174-Commissioner Judah) 


ANNOUNCEMENTS


The Vice Chairman announced that there were no changes or revisions to the agenda. 


9:30 A.M. AGENDA ITEM - Public Comment on Agenda Items
Consent (C) and Administrative (A) 


The Vice Chairman called for public input on agenda items; however, no one came forward. 


There were no Consent Agenda items pulled for discussion by individual Commissioners: 


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


No requests received. 
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BOOK - 2011R - B.O.C.C.------------------------------------------------------------------------------------------------------------------ PAGE: 115


6. HUMAN SERVICES


A) ACTION REQUESTED/PURPOSE: 
Award B-11-12 Human Services Sidewalks to the lowest responsive, responsible bidder
meeting all bid requirements, C.W. Roberts Contracting (a local vendor), in the base bid
not-to-exceed amount of $308,607.40 plus the Optional Item of Raised Intersections in the
not-to-exceed amount of $56,275.95 for a total not-to-exceed contract amount of
$364,883.35 with a project duration of 150 calendar days. Additionally, authorize Chair to
execute contract upon receipt. (#20110151-HUMAN SERVICES) 
FUNDING SOURCE: 
U.S. Housing and Urban Development (HUD) Community Development Block Grant
(CDBG).
WHAT ACTION ACCOMPLISHES: 
Provides a Contractor for the construction of sidewalks and related drainage in the
neighborhoods of Page Park, Palmona Park and Pine Manor. 
MANAGEMENT RECOMMENDATION: 
Approve. 


Commissioner Judah moved approval, seconded by Commissioner Bigelow, called and carried with Commissioners
Mann and Hall absent. 


B) ACTION REQUESTED/PURPOSE: 
Adopt a Resolution to delete Administrative Code 15-4; Lee County Local Residential
Anti-displacement and Relocation Assistance Plan. (#20110159-HUMAN SERVICES) 
FUNDING SOURCE: 
N/A
WHAT ACTION ACCOMPLISHES: 
Allows the Local Residential Anti-displacement and Relocation Assistance Plan (AC 15-4) 
to be deleted from the Lee County Administrative Code. 
MANAGEMENT RECOMMENDATION: 
Approve. 


Commissioner Judah moved approval, seconded by Commissioner Bigelow, called and carried with Commissioners
Mann and Hall absent. 
RESOLUTION NO. 11-03-13


7. INDEPENDENT


A) ACTION REQUESTED/PURPOSE: 
Approve Project # PB110174, the utilization (piggyback) of the Western States Contract
Alliance’s (WSCA) agreement, which has gone through their competitive negotiation
process, for the purchase by ITG of extended warranty coverage for the County’s Dell
servers and related hardware. Also, approve the purchase of these warranties from Dell, 
and the expenditure of $184,857.30 for the acquisition. (Note: This purchase price
represents a negotiated savings of $12,323.83 over the published WSCA contract pricing
of $197,181.13).  (#20110150-INFORMATION TECHNOLOGY GROUP) 
FUNDING SOURCE: 
ITG Data – Equipment Maintenance. 
WHAT ACTION ACCOMPLISHES: 
This action will allow ITG to extend the manufacturer warranty of existing County
hardware to 2015 for most devices and delays the need for hardware refresh. 
MANAGEMENT RECOMMENDATION: 
Approve. 


Commissioner Judah moved approval, seconded by Commissioner Bigelow, called and carried with Commissioners
Mann and Hall absent. 


B) ACTION REQUESTED/PURPOSE: 
Approve Project # EX110175, the utilization of Florida State Contract No. 250-000-09-1, 
for the purchase for ITG of Cisco SmartNet support and maintenance for the term through
9/30/11. Also, approve the purchase of this support and maintenance from Presidio
Networked Solutions, Inc., and the expenditure of $252,263.19 for the acquisition. (Note: 
This purchase price represents a negotiated savings of $59,172.85 over the published State
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Page 3

BOOK - 2011R - B.O.C.C.------------------------------------------------------------------------------------------------------------------ PAGE: 116


Contract pricing of $311,436.04.) Finally, authorize ITG and Procurement to negotiate the
pricing for, and expend the necessary funds to acquire, this maintenance in future years
using the Florida State Contract or other acceptable contract vehicle in effect at that time as
a baseline for negotiations. (#20110157-INFORMATION TECHNOLOGY GROUP) 
FUNDING SOURCE: 
ITG Data – Equipment Maintenance. 
WHAT ACTION ACCOMPLISHES: 
This action will allow for the maintenance agreement renewal for 252 Cisco network
elements, including hardware and software. The maintenance allows for replacement in
the event of failure. Additionally, this will allow all of the maintenance on the equipment
to be coterminous on 9/30/11. 
MANAGEMENT RECOMMENDATION: 
Approve. 


Commissioner Judah moved approval, seconded by Commissioner Bigelow, called and carried with Commissioners
Mann and Hall absent. 


8. NATURAL RESOURCES/ SOLID WASTE


A) ACTION REQUESTED/PURPOSE: 
Approve budget amendment resolution, in the amount of $178,000.00, for unanticipated
revenues from the City of Bonita Springs, and approve transfer in the amount of
$150,000.00 from Capital Improvement TDC Beach Projects Reserves to provide
necessary funding for Bonita Beach Nourishment Project. (#20110149-NATURAL
RESOURCES) 
FUNDING SOURCE: 
Fund - General Fund (City of Bonita Springs Reimbursement) and Capital Improvement
TDC Beach Projects; Program - Marine Services Major Maintenance Projects - Bonita
Beach Nourishment Project. 
WHAT ACTION ACCOMPLISHES: 
Provides funding for design and permitting of Bonita Beach Nourishment Project. 
MANAGEMENT RECOMMENDATION: 
Approve. 


Commissioner Judah moved approval, seconded by Commissioner Bigelow, called and carried with Commissioners
Mann and Hall absent. 
RESOLUTION NO. 11-03-14


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


A) ACTION REQUESTED/PURPOSE: 
Developer Contributed Asset: Approve final acceptance, by Resolution and recording of
one (1) utility easement, as a donation of one potable water service, one fire hydrant and a
force main connection, to provide potable water service, fire protection and sanitary sewer
service to Templo Cristiano La Estrella, a recently-constructed place of worship. This
asset project is located along the west side of Ortiz Avenue, approximately ¼ mile north of
Luckett Road. (#20110141-UTILITIES) 
FUNDING SOURCE: 
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BOOK - 2011R - B.O.C.C.------------------------------------------------------------------------------------------------------------------ PAGE: 117


N/A
WHAT ACTION ACCOMPLISHES: 
Provides adequate utility infrastructure to support development of the subject property, and
complies with the Lee County Utilities Design Manual. 
MANAGEMENT RECOMMENDATION: 
Approve. 


Commissioner Judah moved approval, seconded by Commissioner Bigelow, called and carried with Commissioners
Mann and Hall absent. 
RESOLUTION NO. 11-03-15


14. COUNTY ATTORNEY


No requests received. 


15. HEARING EXAMINER


No requests received. 


16. CONSTITUTIONAL OFFICERS


A) ACTION REQUESTED/PURPOSE: 
Authorize Lee County Sheriff's Office (LCSO) to submit and, if awarded, accept funding
from the U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), National
Institute of Justice (NIJ), to enhance the Lee County Sheriff's Office Major Crimes &
Homicide Unit in sustaining a Cold Case Review Team that will include the State
Attorney's Office, Florida Department of Law Enforcement, District 21 Medical
Examiner's Office and DNA Laboratories International. This review team will identify, 
review, and investigate violent crime cold cases that have the potential to be solved
through DNA analysis. (#20110152-SHERIFF) 
FUNDING SOURCE: 
U.S. Department of Justice (DOJ), Office of Justice Programs (OJP), National Institute of
Justice (NIJ).
WHAT ACTION ACCOMPLISHES: 
Authorize Lee County Sheriff’s Office (LCSO) to submit application and, if awarded, 
receive funds. The “Solving Cold Cases with DNA” grant will provide LCSO with
$261,850.00 for overtime, travel, training and consultant fees for DNA Labs International. 
MANAGEMENT RECOMMENDATION: 
Approve. 


Commissioner Judah moved approval, seconded by Commissioner Bigelow, called and carried with Commissioners
Mann and Hall absent. 


B) ACTION REQUESTED/PURPOSE: 
Approve disbursements. The check and wire registers may be viewed on the Clerk's
Website at WWW.LEECLERK.ORG by accessing the BoCC Minutes and Documents
link. (#20110169-FINANCE) 
FUNDING SOURCE: 
N/A
WHAT ACTION ACCOMPLISHES: 
Florida Statute Chapter 136.06 (1) requires that all County disbursements be recorded in
the Minutes of the Board. 
MANAGEMENT RECOMMENDATION: 
Compliance with the requirements of FS 136.06 (1).


Commissioner Judah moved approval, seconded by Commissioner Bigelow, called and carried with Commissioners
Mann and Hall absent. 


C) ACTION REQUESTED/PURPOSE: 
Approve the Minutes for the following meetings of the Board of County Commissioners
held during the week of February 21 through February 25, 2011: 


February 22, 2011 (Regular) 


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BOOK - 2011R - B.O.C.C.------------------------------------------------------------------------------------------------------------------ PAGE: 118


(#20110170-MINUTES) 
FUNDING SOURCE: 
N/A
WHAT ACTION ACCOMPLISHES: 
Approval of the Board Minutes, pursuant to Florida Statute 286.011. 
MANAGEMENT RECOMMENDATION: 
Approve. 


Commissioner Judah moved approval, seconded by Commissioner Bigelow, called and carried with Commissioners
Mann and Hall absent. 


D) ACTION REQUESTED/PURPOSE: 
Approve disbursement of excess funds resulting from the sale of tax deed certificates to
claimants verified and certified under Florida Statutes 197.582 as follows: 


Tax Deed No.  Payee
2003000619 Palm Research Group LLC
2007001405 Swearingen & Associates Inc 
POA for John Minor
Swearingen & Associates Inc 
POA for Gladys Henry
Swearingen & Associates Inc 
POA for Daryle Haywood
Swearingen & Associates Inc 
POA for Willie Floyd Haywood
Swearingen & Associates Inc 
Pamela Haywood
Swearingen & Associates Inc 
POA for Bruce Haywood Jr. 
2009004506 Patricia O'Reilly
2009004526 Patricia O'Reilly
2009006423 Global Discoveries Ltd LLC
2010000601 Equity Trust Company Custodian
FBO Steven Keith French IRA# 44742 


Amount
$8,203.19
$2,216.54


$2,216.54


$554.14


$554.14


$554.14


$554.13


$373.06
$477.03
$21,620.31
$1,346.85 


(#20110171-DELINQUENT TAX) 
FUNDING SOURCE: 
Proceeds from a tax deed sale in excess of the taxes and/or liens owed are being held by
the Board for disbursement in accordance with Florida Statutes, Chapter 197. 
WHAT ACTION ACCOMPLISHES: 
Provides for disbursement of excess tax deed proceeds to an appropriate claimant in
compliance with statutory rules and requirements. 
MANAGEMENT RECOMMENDATION: 
Approve. 


Commissioner Judah moved approval, seconded by Commissioner Bigelow, called and carried with Commissioners
Mann and Hall absent. 


E) ACTION REQUESTED/PURPOSE: 
Approve the write-off of tax, interest, and penalties for eighty-seven (87) specific
outstanding Tourist Development Tax (TDT) account balances. The total amounts of these
accounts are $9,190.36: Tax $8,626.52, Interest $163.84 and Penalties $400.00. Sixty-
seven (67) of these accounts have tax balances less than $100.00. 
(#20110172-INTERNAL AUDIT) 
FUNDING SOURCE: 
N/A
WHAT ACTION ACCOMPLISHES: 
Cost Savings and Operational Efficiency: This action eliminates the costs of managing
and maintaining records, and continued collection efforts for these accounts, in addition, it
provides for additional available time and effort to manage accounts deemed collectable. 
MANAGEMENT RECOMMENDATION: 
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Page 6

BOOK - 2011R - B.O.C.C.------------------------------------------------------------------------------------------------------------------ PAGE: 119


The requested motion has the approval of: 
Tamara Pigott 
Executive Director 
Lee County Visitor & Convention Bureau 


Donna G. Harn, Director
Finance & Records Department
Lee County Clerk of Court 


Commissioner Judah moved approval, seconded by Commissioner Bigelow, called and carried with Commissioners
Mann and Hall absent. 


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: 
Close out the expired Florida Homebuyer Opportunity Program (FLHOP) and roll
remaining funds of $183,490.00 into State Housing Initiatives Partnership (SHIP) funds. 
Also, approve two (2) Budget Amendments to close out Fund #13839, the Florida
Homebuyer Opportunity Program (FLHOP), and transfer $183,490.00 to Fund #13801
(SHIP) to fund the SHIP Program, and $62,942.00 from SHIP reserves for accumulated
interest. (#20110144-COMMUNITY DEVELOPMENT) 
FUNDING SOURCE: 
N/A
WHAT ACTION ACCOMPLISHES: 
Transfers remaining FLHOP cash balance to the SHIP Program and creates budget for
future SHIP expenditures. 
MANAGEMENT RECOMMENDATION: 
Approve. 


Commissioner Judah moved approval, seconded by Commissioner Bigelow, called and carried with Commissioners
Mann and Hall absent. 
RESOLUTION NOS. 11-03-16 and 11-03-17


3. CONSTRUCTION AND DESIGN


No requests received. 


4. COUNTY COMMISSIONERS


No requests received. 


5. COUNTY LANDS


No requests received. 


6. HUMAN SERVICES


No requests received. 


7. INDEPENDENT


No requests received. 


8. NATURAL RESOURCES/ SOLID WASTE


No requests received. 


9. PARKS AND RECREATION
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BOOK - 2011R - B.O.C.C.------------------------------------------------------------------------------------------------------------------ PAGE: 120


No requests received. 


10. PUBLIC SAFETY


No requests received. 


11. PUBLIC WORKS ADMINISTRATION


No requests received. 


12. TRANSPORTATION


No requests received. 


13. UTILITIES


No requests received. 


14. COUNTY ATTORNEY


No requests received. 


15. HEARING EXAMINER


No requests received. 


16. CONSTITUTIONAL OFFICERS


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: 
Conduct the second public hearing. Adopt an Ordinance amending Lee County Land
Development Code (LDC). (#20110161-COUNTY ATTORNEY) 
FUNDING SOURCE: 
N/A
WHAT ACTION ACCOMPLISHES: 
Satisfies the Board policy to hold two public hearings to amend the LDC. If adopted, the
Ordinance will adopt amendments to the Land Development Code. 
MANAGEMENT RECOMMENDATION: 
Approve. 


Assistant County Attorney Michael D. Jacob approved, as to legal form and sufficiency, the Affidavit of Publication
for this item, and briefly described the request and process. The Vice Chairman called for public comment; however, 
no one came forward. Commissioner Judah moved approval, seconded by Commissioner Bigelow, called and carried
with Commissioners Mann and Hall absent. The Ordinance adopted by the Board and filed was LEE COUNTY
ORDINANCE NO. 11-01, ENTITLED:


AN ORDINANCE AMENDING LEE COUNTY LAND DEVELOPMENT CODE, 
CHAPTERS 26, 30, 32, 33, AND 34. SPECIFICALLY AMENDING CHAPTER 26
(MARINE FACILITIES, STRUCTURES AND EQUIPMENT) PROVISIONS FOR
DOCKING FACILITIES AND BOAT RAMPS (§26-71) TO PERMIT A DOCK ON
LOTS THAT DO NOT MEET MINIMUM LOT SIZE AND DIMENSIONS FOR A
PRINCIPAL USE IF THE LOT WAS CREATED PRIOR TO SEPTEMBER 27, 1993, 
CONTAINS SUBMERGED LANDS, AND IS LOCATED ON ISLANDS WITHOUT
VEHICULAR ACCESS TO THE MAINLAND; CHAPTER 30 (SIGNS) TO REMOVE
REDUNDANT PROVISIONS THAT ARE ALSO CURRENTLY LOCATED IN
CHAPTER 33-PURPOSE, (§30-400) AND PROHIBITED SIGNS (§30-404);
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Page 8

BOOK - 2011R - B.O.C.C.------------------------------------------------------------------------------------------------------------------ PAGE: 121


CHAPTER 32 (COMPACT COMMUNITIES) PROVISION FOR REDEMPTION OF
TDR CREDITS (§32-309); CHAPTER 33 (PLANNING COMMUNITY
REGULATIONS) PROVISIONS FOR DEVIATIONS AND VARIANCES (§33-57) 
AND PROHIBITED SIGNS (§33-383) TO CLARIFY THAT PROHIBITED SIGNS
MAY BE PERMITTED THROUGH THE VARIANCE PROCESS; AND CHAPTER 34
(ZONING) PROVISIONS FOR DEFINITIONS (§34-941); DEVELOPMENT
REGULATIONS (§34-1173); AND NON-CONFORMING PARKING LOTS ON
GASPARILLA ISLAND (§34-3225); AND PROVIDING FOR AN EFFECTIVE DATE. 


COMMISSIONER ITEMS


UNIVERSITY OF FLORIDA - GATORS CHAMPIONSHIP - Commissioner Bigelow mentioned a
recent SEC basketball championship win by the Florida State Gators. 


US ARMY CORPS OF ENGINEERS - Commissioner Judah requested and received Board consensus
directing staff to draft a letter of appreciation to Colonel Al Pantano, Commander of the Jacksonville District U.S. 
Army Corps of Engineers, for his efforts in controlling low level water releases and again overruling the South Florida
Water Management District regarding constant minimum flows to protect our estuaries. 


COMMITTEE APPOINTMENTS


Commissioner Bigelow moved to appoint Marti Daltry to the WATERWAYS COMMITTEE
ADVISORY BOARD, and to appoint Anu Lacis to the AIRPORT SPECIAL MANAGEMENT COMMITTEE, 
seconded by Commissioner Judah, called and carried with Commissioners Mann and Hall absent. 


Commissioner Manning requested a motion to re-appoint Sharon Jenkins-Owen to the
AFFORDABLE HOUSING COMMITTEE (Resolution No. 11-03-18. Commissioner Judah moved approval, 
seconded by Commissioner Bigelow, called and carried with Commissioners Mann and Hall absent. 


COUNTY MANAGER ITEMS


Deputy County Manager Bill Hammond had no items for discussion. 


COUNTY ATTORNEY ITEMS


Interim County Attorney Andrea Fraser had no items for discussion. 


9:30 A.M. AGENDA ITEM –Public Presentation of Matters by Citizens


The Vice Chairman called for public comment; however, no one came forward. 


The Vice Chairman adjourned the meeting at 9:49 a.m. 


ATTEST: 
CHARLIE GREEN, CLERK


__________________________
Deputy Clerk 
________________________________________
Chairman, Lee County Commission


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