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The
Regular Meeting
of the
Board of
Lee County Commissioners
was held on this date with the
following Commissioners present:
John Manning, Vice Chairman
Tammara Hallcx
The Chairman called the meeting to order at 9:30 a.m. The Invocation was given by
Pastor Devin
Marlowe,
Judah Christian Center, followed by the Pledge of Allegiance to the Flag.
Referring to the
Agenda Recap Sheet
dated September 6, 2011, the Chairman announced that:
Consent Agenda Item 7(b) should be deferred indefinitely to allow further review. Commissioner Hall
moved approval, seconded by Commissioner Manning, called and carried.
Consent Agenda Item 7(a) should be moved to the Administrative Agenda to allow further discussion.
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried.
There were no Walk-on and Carry over items submitted.
9:30 A.M. AGENDA ITEM
- Public Comment on Agenda Items
Consent (C) and Administrative (A)
Appeals 1 – Florida Spectrum Environmental Services, Inc. representative
The following are the Consent Agenda items that each Board member wished to have discussed:
Commissioner Mann - None
Commissioner Manning - None
Commissioner Judah – 7(e)
Commissioner Hall - None
Commissioner Bigelow - None
A)
ACTION REQUESTED/PURPOSE:
Increase SHIP (State Housing Initiatives Partnership) contract
C-5461
Builder’s Care Inc. by $10,000.00 ($242,000.00 to $252,000.00) and extend it from
September 30, 2011 to October 31, 2011. (
#20110688-
COMMUNITY DEVELOPMENT)
FUNDING SOURCE:
SHIP Local Housing Assistance Funds – existing budget.
WHAT ACTION ACCOMPLISHES:
Provides additional funds and time for the rehabilitation of owner occupied units.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried.
3. CONSTRUCTION AND DESIGN
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A)
ACTION REQUESTED/PURPOSE:
A) Accept donation of
Perpetual Easement
of +/- 27,595 square feet, from George M.
Iwanow, III, and Christy-
Lee Lack, over a portion of STRAP No. 19-43-25-00-
00001.1220, for
Poling Lane Drainage Project No. 8556 in
North Fort Myers.
B) Authorize the payment of costs and fees to close in the approximate amount of $500.00.
C)
Authorize County Lands Staff to execute and accept all documentation necessary to
complete this transaction. (
#20110671-
COUNTY LANDS)
FUNDING SOURCE:
Fund: Capital Improvement Fund; Program:
Water Resource Capital Projects; Project:
WHAT ACTION ACCOMPLISHES:
Acquires a permanent right of ingress and egress for the restoration and maintenance of
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried.
B)
ACTION REQUESTED/PURPOSE:
(1) Declare as surplus property, County owned land identified as a remnant strip
(approximately 10 feet x 85 feet) in Section 6, Township 45 South, Range 25 East.
(2)
Authorize conveyance of property to the
City of Fort Myers for public right-of-way and
drainage purposes
(3)
Authorize County Lands staff to handle and accept
all documentation necessary
to
complete the transaction. (
#20110692-
COUNTY LANDS)
FUNDING SOURCE:
Funds are not required for this transaction.
WHAT ACTION ACCOMPLISHES:
Declares property surplus and provides
City of Fort Myers with property to facilitate a
frontage road connection from Metro Parkway to Colonial Boulevard in the Southeast
quadrant of this intersection.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried.
RESOLUTION NO. 11-09-01
A)
ACTION REQUESTED/PURPOSE:
Approve and sign a
contract agreement
between the
Lee County Board of County
Commissioners and the State of
Florida,
Department of Community Affairs (DCA) for
Lee
County to receive $157,028.69 in Weatherization Assistance Program/Low Income Home
Energy Assistance Program (WAP/LIHEAP) funds. Approve a budget resolution to add
$157,029 of WAP/LIHEAP funds to the FY 10/11 budget.
(
#20110699-
HUMAN SERVICES)
FUNDING SOURCE:
State of
Florida,
Department of Community Affairs.
WHAT ACTION ACCOMPLISHES:
Allows the
Department of Human Services (DHS) to accept $157,028.69 in grant funds for
the weatherization of homes in
Lee County.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried.
RESOLUTION NO. 11-09-02
7. INDEPENDENT
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A)
ACTION REQUESTED/PURPOSE:
Approve award of RFP-11-07, Group Health Insurance Program for
Lee County, to the
proposer whose proposal was evaluated by the Evaluation Committee as being in the best
interest of
Lee County,
Aetna, with an initial contract period of twelve (12) months
commencing January 1, 2012. The contract may be renegotiated and renewed each year
for up to an additional four (4) years upon mutually satisfactory conditions.
(#20110656-HUMAN RESOURCES)
FUNDING SOURCE:
Funding will come from employer and employee premiums in the health plan accounts.
WHAT ACTION ACCOMPLISHES:
Establishes a competitive, fair market price for employee’s healthcare coverage (including
pharmacy). Aetna’s plan includes a nationwide network of physicians, hospitals and
facilities. Acceptance of this proposal will result in a savings of approximately $2.5
million.
MANAGEMENT RECOMMENDATION:
Approve.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
Consent Agenda Item 7(a) should be moved to the Administrative Agenda to allow further discussion. Commissioner
Manning moved approval, seconded by Commissioner Hall, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Adopt Resolution approving and authorizing certain proposed amendments to the
Lee
County Administrative Codes allowed by
Lee County Ordinance No. 97-23.
(
#20110277-
PUBLIC RESOURCES)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Lee County Ordinance No. 97-23 allows and provides for amendments to the
Lee County
Administrative Codes to be made by Resolution of the BoCC and bring
Lee County
Administrative Codes current.
MANAGEMENT RECOMMENDATION:
Approve.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
Consent Agenda Item 7(b) should be deferred indefinitely to allow further review. Commissioner Hall moved
approval, seconded by Commissioner Manning, called and carried.
C)
ACTION REQUESTED/PURPOSE:
Approve a budget resolution to add $25,000.00 of grant funds for FY 10-11.
(
#20110690-
ANIMAL SERVICES)
FUNDING SOURCE:
Florida Animal Friend Fund Grant.
WHAT ACTION ACCOMPLISHES:
Request board approve a budget amendment resolution to accept $25,000 in funding from
Florida Animal Friend Fund grant for
Lee County low-income public assistance Pet
Sterilization Program to reduce pet overpopulation and euthanasia statistics.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried.
RESOLUTION NO. 11-09-03
D)
ACTION REQUESTED/PURPOSE:
(A) Approve award of Formal Quotation # Q-110237, Janitorial Services for the
Constitutional Complex, to the low quoter meeting specifications, U.S.S.I. (a local
vendor), for the annual grand total price of $123,509.76.
(B) The initial term of the contract is for one year. Also request authority to renew this
contract for four additional one-year renewal periods, at the same terms and conditions, if
in the best interest of
Lee County; and to negotiate lower pricing if possible or exercise
annual increases based on the Consumer Price Index upon mutual agreement of both
parties.
(C) Additionally approve other miscellaneous charges as given on the tabulation sheet
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(attachment # 2). Funding will come from the individual department or division's budget
who will be responsible for monitoring their individual expenditures.
(
#20110693-
FACILITIES MANAGEMENT)
FUNDING SOURCE:
Facilities Maintenance-Facilities Maintenance-General Fund-Janitorial Services-
Constitutional Complex.
WHAT ACTION ACCOMPLISHES:
Allows Facilities Management to provide cost effective janitorial services for the
Constitutional Complex covered by this quote.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried.
E)
ACTION REQUESTED/PURPOSE:
Approve acceptance of and expenditure authority for the following specific donations in
the total amount of $2,596.00 as follows: $1,000.00 from the Rosemann Family
Foundation for Lakes Regional Library for materials; $100.00 from Friends of Lakes
Regional Library to purchase books in memory of
Donald Dory ($50.00) and Valerie
Griffin ($50.00); $100.00 in total from Kathleen and Guy Grantier, Diana and
Steve Pease,
Voni and
Bob Walker, and
Deb Owen in memory of
Dottie Kendrick for the purchase of
books dealing with crafts (knitting, crocheting or beading work) for
South County
Regional Library; and $1,396.00 from Friends of Library Processing for one additional
library employee to attend the
Polaris User's Group Conference (relating to the county
library system's integrated software) and cover additional travel expenses for three
additional library staff members whose travel was previously approved by the Board on
June 21, 2011, to attend the conference. Adopt a budget amendment resolution in the
amount of $2,596.00 to recognize the donations and accordingly authorize expenditures.
(
#20110695-
LIBRARY)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Authorizes acceptance and expenditure of funds pursuant to donors’ requests.
MANAGEMENT RECOMMENDATION:
Approval.
PULLED FOR DISCUSSION
Commissioner Judah moved approval, seconded by Commissioner Manning. After Commissioner Judah thanked the
donors for their contributions, the motion was called and carried.
RESOLUTION NO. 11-09-04
8. NATURAL RESOURCES/ SOLID WASTE
A)
ACTION REQUESTED/PURPOSE:
Approve, and authorize Chair to execute, a
Subgrant Agreement for
Florida Urban Search
and Rescue Task Force 6
in the amount of $201,542 (all equipment to be donated to the
Urban Search and Rescue Team).
No County Match required. Approve Budget
Amendment Resolution in the amount of $201,542 and approve the expenditure in like
amount. (
#20110682-
PUBLIC SAFETY)
FUNDING SOURCE:
General Fund/Public Safety Grant.
WHAT ACTION ACCOMPLISHES:
Provides financial support to
Florida Urban Search and Rescue Task Force 6 to meet
objectives contained in the State’s Domestic Security Strategy.
MANAGEMENT RECOMMENDATION:
Staff recommends approval.
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Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried.
11. PUBLIC WORKS ADMINISTRATION
A)
ACTION REQUESTED/PURPOSE:
Uncollectible Account Balances (BS 20110673/20173, CBA/SDG): Approval to remove
account balances for FY2011 for the customer accounts that are considered uncollectible
for
Lee County Utilities System in the amount of $214,409.93 (less than 1% of annual
water and sewer revenues). Accounts become uncollectible for various reasons. The three
most common reasons are:
Customers do not pay their final bill (after security deposits were applied and the
collection agency has attempted to obtain payment).
Legal action such as bankruptcy.
Sewer only customers that do not pay their monthly sewer utility bills.
(
#20110673-
UTILITIES)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Adjusts accounts receivable balance to reflect anticipated collections.
MANAGEMENT RECOMMENDATION:
Approval.
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried.
A)
ACTION REQUESTED/PURPOSE:
Request authorization to advertise for and conduct a Public Hearing on Tuesday,
September 27, 2011, at 9:30 a.m. in the Chambers to consider the adoption and execution
of the proposed ordinance, repealing and replacing in its entirety
Lee County Ordinance
No. 08-28, Relating to the County's Investment Policy for Trust Funds for Other Post-
Employment Benefits (OPEB). (
#20110681-
COUNTY ATTORNEY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Sets the Public Hearing Date of Tuesday, September 27, 2011, at 9:30 a.m., in order for the
Board to formally adopt the proposed ordinance at a Public Hearing.
MANAGEMENT RECOMMENDATION:
Approve authorization to advertise for and conduct a Public Hearing on Tuesday,
September 27, 2011, at 9:30 a.m.
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried.
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 22 through August 26, 2011:
August 23, 2011 (Regular)
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(
#20110702-
MINUTES)
FUNDING SOURCE:
Not Applicable.
WHAT ACTION ACCOMPLISHES:
Approval of the Board Minutes, pursuant to Florida Statute 286.011.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Hall, 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. (
#20110703-
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 Manning moved approval, seconded by Commissioner Hall, called and carried.
C)
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.
2009-002998
2009-005337
2010-001464
2010-001499
2010-002413
2010-002906
2010-003109
2010-003143
Claimants
Swearingen & Associates, Inc.
POA for Shirley Gasvoda Trustee
Swearingen & Associates, Inc.
Swearingen & Associates, Inc.
POA for
Eugene Roland Hardesty
Jupiter Assest Recovery, LLC
Jennifer Collaton
Swearingen & Associates, Inc.
Donna Desha
Dingle-Chatman
Healthy Choice Ministries
Homes and Land Brokers, Inc.
$1,122.59
$1,948.40
$1,595.26
$2,088.99
$2,668.05
$6,891.84
$454.41
$559.00
(
#20110704-
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 disbursements in accord 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 disbursement to identified claimants.
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
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3. CONSTRUCTION AND DESIGN
A)
ACTION REQUESTED/PURPOSE:
Approve award of RFP-11-07,
Group Health Insurance Program
proposer whose proposal was evaluated by the Evaluation Committee as being in the best
interest of
Lee County,
Aetna, with an initial contract period of twelve (12) months
commencing January 1, 2012. The contract may be renegotiated and renewed each year
for up to an additional four (4) years upon mutually satisfactory conditions. (
#20110656-
HUMAN RESOURCES)
FUNDING SOURCE:
Funding will come from employer and employee premiums in the health plan accounts.
WHAT ACTION ACCOMPLISHES:
Establishes a competitive, fair market price for employee’s healthcare coverage (including
pharmacy). Aetna’s plan includes a nationwide network of physicians, hospitals and
facilities. Acceptance of this proposal will result in a savings of approximately $2.5
million.
MANAGEMENT RECOMMENDATION:
Approve.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
Consent Agenda Item 7(a) should be moved to the Administrative Agenda to allow further discussion. Commissioner
Manning moved approval, seconded by Commissioner Hall, called and carried.
Human Resources Manager
Christine Brady and Willis of
Florida, Inc,
Vice President Jim Powell, a Consultant for
Lee County, provided an overview of the proposed medical and dental health plan noting 2.5 million in savings with
no significant changes to the current plan. Following response to Board questions by
Ms. Brady and
Mr. Powell,
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried with Commissioner
Bigelow dissenting.
8. NATURAL RESOURCES/ SOLID WASTE
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11. PUBLIC WORKS ADMINISTRATION
A)
ACTION REQUESTED/PURPOSE:
Award B-11-27 Three Oaks Parkway Landscape & Irrigation Project from Corkscrew
Road to Alico Road to the lowest responsive, responsible bidder meeting all bid
requirements,
Juniper Landscaping, Inc.
(a local vendor), in the not-to-exceed amount
of $623,764.29.
Request the Board approve waiving of the formal process (if needed) and authorize the use
of Direct Materials Purchase Order, which allows the County to purchase directly from
suppliers of equipment and/or materials as a cost/time saving measure.
Authorize Chair to execute contract on behalf of the Board upon receipt.
(
#20110672-
TRANSPORTATION)
FUNDING SOURCE:
Fund – Capital Improvement;
Program – Capital Projects; Project – Three Oaks Widening.
WHAT ACTION ACCOMPLISHES:
Provides a vendor for the installation of plant material and underground irrigation system,
including maintenance of traffic, soil, sod (repairs), pump station, electrical, directional
boring and landscape and irrigation maintenance on Three Oaks Parkway from Corkscrew
Road to Alico Road.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
16. CONSTITUTIONAL OFFICERS
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
1. ACTION REQUESTED/PURPOSE:
Appeal/Proposal Protest Agenda - only proposers may participate in this discussion. Any other
public input will be received during the 9:30 a.m. "Public Comment" on consent and
administrative items.
A.) Conduct informal hearing regarding Protest Petition; Grant or deny the Protest Petition; and, if
appropriate award of RFP-11-03 Analytical Laboratory Services.
B.)
Authorize Chair to execute any awarded
contract
on behalf of the Board upon receipt.
(
#20110683-
NATURAL RESOURCES)
FUNDING SOURCE:
Fund–General Revenue
Fund; Program–Environmental Lab; Project-N/A.
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WHAT ACTION ACCOMPLISHES:
Provides
Lee County with analytical laboratory service providers at an estimated annual cost of
$150,000.00 with an initial 12 month contract and the ability to renegotiate and renew the contract
annually for up to 4 additional years.
MANAGEMENT RECOMMENDATION:
Approve.
Assistant County Attorney
Dawn Perry-Lehnert reviewed the item, described the procedural process for this protest,
and noted that the Board would need to determine whether or not Test America’s failure to substantially respond to
the two questions and criteria required by the Request for Proposal rendered the Proposal non-responsive. The
Chairman called on the Protestor, Florida Spectrum Environmental Services, Inc. representative
Gerry Wolff who
restated his protest. Commissioner Manning moved to uphold the Dispute Committee’s recommendation to award the
contract to Southern Analytical Laboratories as the primary contractor, and Florida Spectrum Environmental Services,
Inc., as the secondary contractor, seconded by Commissioner Hall, called and carried.
ORDINANCE CLARIFICATION – Commissioner Hall asked that the County Attorney look at the
County’s ordinances to address pari-mutuel and non-pari-mutuel gambling, and noted that the
Naples Fort Myers
Kennel Club and the
City of Bonita Springs were requesting assistance with this issue.
REMEMBERING 9/11 VICTIMS – Commissioner Hall offered prayers and thoughts to families of the
9/11 victims.
23 MOBILE HOMES COMMUNITIES – At the request of Commissioner Manning,
Assistant County
Attorney Scott Coovert noted that he was not aware of the status of the collection process, and informed that the issue
would be addressed at the next Management & Planning Meeting. Commissioner Manning asked that he receive an
update today.
I-75 INTERCHANGE MITIGATION – Commissioner Judah informed that the Florida Department of
Transportation (FDOT) has taken over the interchange mitigation, and moved to request FDOT to recognize that if
there is mitigation for the I-75 Interchange at the Airport, that mitigation should occur in
Lee County, specifically
Estero Bay Watershed. He further requested a
notice be sent to Port Authority Executive Director
Bob Ball
stating
that the mitigation cost should be directed to the acquisition of Edison Farms property, seconded by Commissioner
Manning, called and carried.
RETENTION OF TRANSPORTATION CONCURRENCY – Commissioner Judah noted that in the
last State Legislature session, it was decided to strip from the State Growth Management Act the requirement for
transportation concurrency, stated that the impact would fall on the shoulders of existing tax payers, and suggested
that
Lee County challenge the State Legislature to retain Transportation Concurrency. It was noted that this issue was
scheduled for a Management and Planning meeting next Monday.
LOST GROVE MINE – Commissioner Judah noted that Staff has been requested be present at the
Collier County Environmental Advisory Council meeting scheduled for tomorrow to comment on the concerns of
Lee
County, and inform them of
Lee County’s stand of no truck traffic on Corkscrew Road.
CLARIFICATION OF CONSENT AGENDA 14-A – Commissioner Bigelow requested that staff meet
with him to provide more information about the proposed ordinance on Other Post Employment Benefits (OPEB).
Assistant County Manager
Pete Winton replied and agreed to meet with Commissioner Bigelow.
Commissioner Judah moved to reappoint William Prysi to the
LAND DEVELOPMENT CODE
ADVISORY COMMITTEE,
seconded by Commissioner Manning, called and carried.
At the request of County Manager
Karen Hawes, Natural Resources Director Roland Ottolini provided
an update on the status of phosphate mining. Brief discussion ensued with
Assistant County Attorney Susan
Henderson and
Mr. Ottolini responding to Board questions.
County Attorney
Michael Hunt announced that the Executive Session for Tex Development is
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scheduled for September 19, 2011 at 1:30 p.m. in the Chambers, with a Closed Session immediately following in the
Chief
Assistant County Attorney
Donna Marie Collins announced that the Final PUD Hearing is
scheduled this afternoon at 4:30 p.m. in the downtown Library before the
City Council. Administration and County
Attorney’s Staff are expected to be in attendance.
Public Presentation of Matters by Citizens
Ron Pure
expressed concern over the
Lee County employee health insurance
policy. Human Resources Director
Christine Brady offered to review the policy with
County Club Estates of Lehigh Acres representative
Bob Moreno inquired whether the code
enforcement issue regarding chickens had been resolved.
Reverend Alston
spoke on various needs, such as live stock, maintenance of roads, and beach
nourishment.
The Chairman adjourned the meeting at 10:47 a.m.
__________________________
_____________________________
Chairman,
Lee County Commission
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