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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
The Chairman called the meeting to order at 9:30 a.m. and requested a moment of silence for the
victims of Tucson,
Arizona, and a former
Lee County Commissioner
Chris Stafford who passed away recently. The
Invocation was given by
Pastor David Deaton, Life Church, followed by the Pledge of Allegiance to the Flag.
Commissioner Manning read and presented a Ceremonial Resolution resolving that the Board, on
behalf of the citizens of
Lee County, support and encourage the Sanibel-Captiva Conservation Foundation’s (SCCF)
efforts to acquire and preserve the Bailey Family Homestead. SCCF Executive Director
Erick Lindblad accepted the
Resolution, and thanked the Board. (
#20101262-
Commissioner Manning)
Referring to the Agenda
Recap Sheet
dated January 11, 2011, the Chairman announced that:
One (1) Walk on 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 comment, and the following citizens came forward to speak on Walk-
on Item 1:
Vines Community representative
Vines Community representative
Osprey Cove representative
Ike Eikelberner
The Reserve at Estero representative
Belle Lago Community representative
Steve Yormak
The Reserve at Estero representative
Belle Lago Community representative
Belle Lago Community representative
Christopher Pilavis
Belle Lago Community representative
Ron Kapsos
Belle Lago Community representative
Angie Estberg
The following are the Consent Agenda items that each Board member wished to have discussed:
Commissioner Mann - None
Commissioner Manning - None
Commissioner Hall – 7(a)
Commissioner Judah – 6(a), 10(a)
Commissioner Bigelow – 7(a), 10(a)
A)
ACTION REQUESTED/PURPOSE:
Approve the list of Public Official Faithful Performance Bonds contained in the backup
material to this item.
(
#20101235-
COUNTY MANAGER)
FUNDING SOURCE:
N/A
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WHAT ACTION ACCOMPLISHES:
Assures compliance with the provisions of F.S. 137.05 and
Lee County Ordinance No. 00-
25; copies contained in the backup material to this item.
MANAGEMENT RECOMMENDATION:
Approval.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Approve, and authorize the Chair to execute, an Agreement between the
Lee County Board
of County Commissioners and
Bishop Verot Catholic High School
to enhance the Driver's
Education Program, and authorize release of $7,104.95 from the funds collected through
Lee County Ordinance #02-28 Dori Slosberg Driver Safety Education Act.
(
#20101246-
BUDGET SERVICES)
FUNDING SOURCE:
Fund: Driver’s Education Trust; Program: Driver’s Ed Fee-
Lee P; Project: Grants and Aids
To Local Governments.
WHAT ACTION ACCOMPLISHES:
Provides approval for the release of funds collected for use of the Driver’s Education
Program for the Bishop Verot Catholic High School by increasing the amount of time
offered to students and the purchase of products (Personal Breath Tester and Blood
Alcohol Concentration Wheel).
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
3. CONSTRUCTION AND DESIGN
A)
ACTION REQUESTED/PURPOSE:
Approve the acceptance of a private $5,000.00 cash donation to the
Department of Human
Services. (
#20101251-
FUNDING SOURCE:
Individual donor that requires anonymity.
WHAT ACTION ACCOMPLISHES:
Provides $5,000.00 to the Department allowing the Family Self Sufficiency Program to
meet unique needs of homeless families with children.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
Commissioner Judah moved the item, seconded by Commissioner Manning. At the request of Commissioner Hall,
Human Services Director Ann Arnall agreed to furnish an update or overview of the Coalition data to the non-profit
database. Following Commissioner Judah’s comments of appreciation to the anonymous donor for the generous
donation, the motion was called and carried.
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A)
ACTION REQUESTED/PURPOSE:
Concur with the ranking of Consultants by the Competitive Negotiations Committee for
CN-11-01 MSBU Master Contract, in the following order of ranking, and authorize staff to
negotiate hourly rates and independent cost with the number one ranked firm:
(1) David
Douglas & Associates;
(2) Barraco & Associates; (3)
Banks Engineering Inc. and (4) Bean
Whitaker Lutz & Kareh, for a contract period of two (2) years with a one (1) year renewal.
(
#20101259-
PUBLIC RESOURCES)
FUNDING SOURCE:
Program-SA Dist MSTBU Restricted & Other Professional Services; Fund-General Fund;
Project-MSBU Annual Contract.
WHAT ACTION ACCOMPLISHES:
Provides
Lee County with a consultant that will provide any and all consulting services for
MSBU (Municipal Service Benefit Unit) Master Contract.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
Responding to Commissioner Hall’s inquiry on the MSBU contract, Public Resources Director
Libby Walker
confirmed the process and budget. After noting his longstanding criticisms with the make-up of the Selection
Committees, Commissioner Bigelow noted that this particular Selection Committee was absent of any possible undue
influence, but had concern with the short list and renewal process. Board discussion ensued with Commissioner Judah
commenting on the effectiveness of the selection process over the years and moved approval of the item, seconded by
Commissioner Manning. Commissioner Hall offered an amendment to the motion for a contract period of one (1)
year and then brought back to the Board. Following brief discussion on the amendment, the maker and seconder
agreed. The motion was called and carried with Commissioner Bigelow dissenting.
8. NATURAL RESOURCES/ SOLID WASTE
A)
ACTION REQUESTED/PURPOSE:
Accept the donation in the amount of $2,500.00 from The George &
Mary Jo Sanders
Foundation for
Lee County Emergency Medical Services. Approve Budget Amendment
Resolution in the amount of $2,500.00; and also approve bonuses for two medics per the
attached letter. (
#20101257-
PUBLIC SAFETY)
FUNDING SOURCE:
Fund-General Fund-Donation.
WHAT ACTION ACCOMPLISHES:
Allows donation to be accepted by the Department.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
Commissioner Judah moved the item, seconded by Commissioner Manning. Responding to Commissioner Bigelow’s
suggestion of having a ceremonial presentation to the recipients of the award, Public Safety Director
John Wilson
pointed out that awards are done during the Emergency Medical Services Week. After Commissioner Judah thanked
The George &
Mary Jo Sanders Foundation for their donation to the Emergency Medical Services, the motion was
called and carried.
RESOLUTION NO. 11-01-21
11. PUBLIC WORKS ADMINISTRATION
A)
ACTION REQUESTED/PURPOSE:
Approve
Change Order No. 4 to Contract No. 4206,
under CN-07-13 CEI Services for
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various
Lee County roads - College Parkway Intersection in conjunction with Summerlin
Six Laning and Cypress Lake Drive to Boy Scout Drive, to T.Y. Lin International, in the
not-to-exceed amount of $387,351.00. Also, authorize Chair to execute Change Order on
behalf of the Board. (
#20101240-
TRANSPORTATION)
FUNDING SOURCE:
Fund -
Transportation Capital Improvement; Program - Capital Projects; Project -
Summerlin Road - Boy Scout to Cypress Lake.
WHAT ACTION ACCOMPLISHES:
Provides continuing CEI (
Construction Engineering Inspection) Services for the College
Parkway/Summerlin Road
Six Laning intersection and Cypress Lake Drive to Boy Scout
Drive.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Accept for county maintenance,
10,500± linear feet of
Bonita Beach Road, Sections 4 & 5,
from
Bonita Grande Drive (STA. 67+50) to Radio Tower Road (STA 172+50). This is the
eastern boundary of Palmira Country Club. This portion of
Bonita Beach Road was
recently widened to four lanes by the Palmira Developer pursuant to Development Order
DOS2007-00139 and in accord with the requirements of Administrative Code 11-7.
(
#20101254-
TRANSPORTATION)
FUNDING SOURCE:
No funds required for this action.
WHAT ACTION ACCOMPLISHES:
Documents the Board’s formal acceptance for maintenance, 10,500± linear feet of Bonita
Beach Road, Sections 4 & 5, from
Bonita Grande Drive (STA. 67+50) to Radio Tower
Road (STA 172+50); acknowledges the compliance with AC 11-7, including submittal of
deeds for the road right-of-way and drainage easements, record drawings and surveys,
engineer’s letter of substantial compliance, certificate of compliance, engineer’s
documentation of final construction costs and a two year maintenance surety bond;
provides formal notice to the public that the
Department of Transportation is responsible
for maintenance of the road, drainage and related facilities.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
A)
ACTION REQUESTED/PURPOSE:
Approve award of formal quotation Q-110014 Annual Purchase of Anti-Scalent for
Lee
County Utilities (LCU), and to
Nalco Company at the price of $1.25 per pound. Also,
approve Annual expenditure of approximately $105,000.00. The initial term of this quote
is for one-year with requested authority to negotiate lower prices if possible and renew this
quote for four (4) additional one-year periods. Further, approve award of option A
delivery in bulk at the prices on the tabulation sheet contained in the backup to this item,
and approve vendor’s modification on lead time that was deemed minor.
(
#20101253-
UTILITIES)
FUNDING SOURCE:
Fund –
Lee County Utilities Operations; Program – Water Treatment Plants; Project –
Chemicals, Insecticides & Fertilizers.
WHAT ACTION ACCOMPLISHES:
This action will allow LCU to purchase anti-scalent on an as needed basis, in a cost
effective, efficient, and timely manner from a reliable source to maintain its Reverse
Osmosis (RO) Water Treatment Plants throughout
Lee County.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
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16. CONSTITUTIONAL OFFICERS
A)
ACTION REQUESTED/PURPOSE:
Approve
disbursements.
The check and wire registers can now be viewed on the Clerk's
Website at WWW.LEECLERK.ORG by accessing the BoCC Minutes and Documents
link. (
#20101264-
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 Manning, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Approve disbursement of excess funds resulting from the sale of tax deed certificates to a
claimant verified and certified under Florida Statutes 197.582 as follows:
Tax Deed No. Payee
Amount
2010-000500
Presidential Mortgage Inc. c/o
John Penson, Esq. P.A. $ 30,070.66
(
#20101263-
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 claimant.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
THERE WERE NO ITEMS SUBMITTED FOR THE ADMINISTRATIVE AGENDA.
9:30 A.M. AGENDA ITEM –
Public Hearing
1. ACTION REQUESTED/PURPOSE:
Conduct a Public Hearing to adopt a Resolution on a Petition to Vacate VAC 2009-00015,
submitted by
Department of Transportation Deputy Director Paul W. Wingard for
Lee County
Department of Transportation, to vacate, abandon, close and discontinue the public’s interest in
the right-of-way or portion of a right-of-way of
Delaware Road, Lehigh Acres;
Florida.
(
#20101205-
COMMUNITY DEVELOPMENT)
FUNDING SOURCE:
No funding required.
WHAT ACTION ACCOMPLISHES:
Extinguishes a portion of the platted roadway right-of-way for
Delaware Road. The right-of-way
to be vacated has never been developed and is not needed to facilitate any future roadway
improvements as access from
Delaware Street to
Lee Boulevard, meeting intersection separation
requirements, is being provided via Archdale Street.
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MANAGEMENT RECOMMENDATION:
Approve.
Assistant County Attorney
Michael Jacob approved as to legal form and sufficiency, the
Affidavit of Publication
for
the 9:30 a.m. Agenda Item No. 1, and briefly reviewed this request. Commissioner Manning moved approval,
seconded by Commissioner Hall. The Chairman called for public input; however, no one came forward. The motion
was called and carried.
RESOLUTION NO. 11-01-22
1. ACTION REQUESTED/PURPOSE:
Approve attached resolution and send to the
United States Postal Service supporting changing the
“preferred last-line” name designation for the communities of The Vines,
Belle Largo, Osprey
Cove, and The Reserve of Estero, from “Fort Myers,
Florida, 33967” to “Estero Bay,
Florida,
33967” for addressing purposes. (
#20110020-
COUNTY MANAGER)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Fulfills request of four south
Lee County communities.
MANAGEMENT RECOMMENDATION:
Board policy decision.
REASON FOR WALK ON:
Board directed on January 4, 2011.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NO. 11-01-23
EVERGLADES COALITION CONFERENCE – Commissioner Hall indicated that last week she and
Commissioner Judah attended the Everglades Coalition Conference, and congratulated Commissioner Judah on
receiving the prestigious
James D. Webb Award for his outstanding contribution to the Everglades. Commissioner
Hall briefly reviewed the highlights of the conference.
CONSERVATION RESTORATION EFFORT – Commissioner Judah reported that the Secretary of
the Interior
Ken Salazar announced the proposed establishment of a 150,000 acre conservation area which will bring
into partnership the agriculture industry and conservation restoration efforts. He further noted a 50,000 acre
established national wildlife refuge near Disney World’s Wilderness Park, the remaining lands would be established
through best management practices to alleviate nutrient loading in the Kissimmee River and Lake Okeechobee
removing phosphates and nutrients. Referencing the Modified Water Deliveries (MWD) project, Commissioner Judah
noted that the Corps of Engineers announced the addition of a 5 ½ mile bridge to the one (1) mile bridge under
construction on Tamiami Trail.
REDIRECT OF ALGAE FUNDS – Commissioner Judah expressed satisfaction with the Board’s
agreement at last week’s meeting to re-direct funds from the algae scrubber project to other innovative nutrient
removing technologies for impaired water bodies in
Lee County.
FINANCIAL STATUS OF BABCOCK RANCH PRESERVE – Commissioner Judah requested a
briefing of the financial status and the revenue stream, or the lack thereof; and hoped to receive an update from the
committee or a representative from the State on other options to be considered in enhancing eco-tourism to bring in
more revenues to help manage Babcock Ranch Preserve.
ENERGY SAVINGS – Commissioner Judah requested Facilities Management Director
Rich Beck
provide an update of the millions in energy costs savings. The Board decided to schedule the update at the next
Management and Planning meeting to be held on February 7, 2011.
MINIMUM FLOW TO THE CALOOSAHATCHEE RIVER – At the request of Commissioner Hall,
Commissioner Judah indicated that the Corps of Engineers have taken the position of cutting 100% of water flow to
Caloosahatchee River, while allowing water to flow in other utilities and agricultural areas in the east and central part
of the State. He noted a conference call scheduled for today with the scientists to point out the inequity of the District;
and hoped the District would listen to the science and provide some minimum flow to the Caloosahatchee River.
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COUNTY ATTORNEY POSITION INTERVIEWS – At the request of Commissioner Bigelow
regarding the County Attorney position interviews, County Manager
Karen Hawes indicated no date has yet been set.
ERICK LINDBLAD – RETIREMENT FROM
BABCOCK LAND MANAGEMENT BOARD –
Commissioner Mann stated that
Erick Lindblad recommended the appointment of
Liz Donley, of the Regional
Planning Council (RPC), as his replacement. Commissioner Judah moved approval, seconded by Commissioner Hall,
called and carried.
AGREEMENT AND APPOINTMENT OF
ANDREA R. FRASER – Chairman Mann distributed the
Agreement and Terms of Appointment for
Andrea R. Fraser as Interim
Lee County Attorney
(copy on file in the
Minutes Office), and stated that in his conversation with
Ms. Fraser she agreed to the terms of the Agreement.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
Commissioner Manning moved to appoint
Edward Elms to the
EAGLE TECHNICAL ADVISORY
COMMITTEE,
seconded by Commissioner Hall, called and carried.
Commissioner Bigelow moved to reappoint
Richard Sapp,
Lee R. Coleman,
Seymour Roche and
COMMUNITY ACTION AGENCY,
seconded by Commissioner Hall, called and carried.
Chairman Mann requested a motion to appoint Theodore Yeatts, Jr. to the
COASTAL ADVISORY
COUNCIL.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
County Manager
Karen Hawes had no items to be discussed.
Interim County Attorney Andrea
Fraser had no items to be discussed.
2. Public Presentation of Matters by Citizens
The Chairman called for public comment, and the following concerned citizens came forward:
Lehigh Acres residents
and
expressed concern over a nuisance complaint
regarding a neighbor’s
German Sheppard and the lack of action by Animal
Services; and requested an investigation of the department
The Chairman adjourned the meeting at 10:52 a.m.
__________________________
________________________________
Chairman,
Lee County Commission
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