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Book – 2011R - B.O.C.C.-------------------------------------
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JANUARY 4, 2011
The
Regular Meeting
of the
was held on this date with the
following Commissioners present:
The Chairman called the meeting to order at 9:30. The Invocation was given by the Reverend Joseph
Gabriel, of the Full Gospel Assembly, followed by the Pledge of Allegiance to the Flag.
PRESENTATIONS
Commissioner Judah read and presented a
Ceremonial Resolution
contributions to a better quality of life for citizens of Lee County and her continued commitment to helping those in
need. Peyton and her father Michael Hornung accepted the Resolution, and Mr. Hornung expressed appreciation for
the Board’s recognition and emphasized his own pride for his daughter’s selfless actions.
(
#20101245-
Commissioner Judah)
ANNOUNCEMENTS
Referring to the
Agenda Revision Recap Sheet dated January 3, 2011,
the Chairman announced that:
There were no Walk-On or Carry-Over Agenda Items submitted for discussion.
9:30 A.M. AGENDA ITEM
- Public Comment on Agenda Items
Consent (C) and Administrative (A)
The Chairman called for public input and the following concerned citizens came forward:
C14(b) -
on behalf of the residents of Cascades at Estero
C3(a) and 16(d) –
The following are the Consent Agenda items that each Board member wished to have discussed:
Commissioner Mann – C13(a)
Commissioner Manning - None
Commissioner Judah – C16(f)
Commissioner Hall – C3(a)
Commissioner Bigelow – C1(a)
The items pulled were not heard in Consent agenda order.
CONSENT AGENDA
1. COUNTY ADMINISTRATION
A)
ACTION REQUESTED/PURPOSE:
Approve a Budget Amendment Resolution to allocate excess fund balance and
appropriate budget for operational and grant carryovers; also, approve transfers of funds
from reserves and interfund transfers, if necessary, to cover carryover needs.
(
#20101234-
COUNTY MANAGER)
FUNDING SOURCE:
Various based on fund balance adjustments and/or transfers from Reserves.
WHAT ACTION ACCOMPLISHES:
Adjusts budgeted fund balance to reflect preliminary actual balances for those funds for
which a budget carryover is requested, and also provides budget to meet the carryover
recommendations.
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MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
Assistant County Manager Pete Winton; Budget Services Manager David Harris, and County Manager Karen B.
Hawes participated in discussion and responded to Board questions regarding the year-end balancing process, and
quarterly financial update expected from the Clerk of the Circuit Court’s Office. Ms. Hawes and Mr. Winton advised
that budgetary information would be the subject of the second Management and Planning (M&P) meeting in January;
noted that the Clerk would provide a quarterly update; and clarified that the Clerk’s Finance Director Donna Harn was
a member of an Interdepartmental Performance Team would be in attendance. Commissioner Bigelow moved
approval, seconded by Commissioner Judah, called and carried.
RESOLUTION NO. 11-01-01
2. COMMUNITY DEVELOPMENT
A)
ACTION REQUESTED/PURPOSE:
Execute
grant award agreements
for $826,000.00 in 2008/09 – 2009/10 State Housing
Initiatives Partnership (SHIP) funds. (
#20101228-
COMMUNITY DEVELOPMENT)
FUNDING SOURCE:
SHIP Local Housing Assistance Funds.
WHAT ACTION ACCOMPLISHES:
Allows the County to enter into grant award agreements to increase the supply of
affordable housing and implement the Local Housing Assistance Plan.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved to approve, seconded by Commissioner Manning, called and carried.
3. CONSTRUCTION AND DESIGN
A)
ACTION REQUESTED/PURPOSE:
Concur with the ranking by the Competitive Negotiations Committee for CN-10-17 -
negotiations with the number-one ranked firm, in the following order:
1) AECOM;
3) Parsons Brickerhoff dba PB Americas;
(
#20101248-
CONSTRUCTION AND DESIGN)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
Transit Director Steve Myers, Construction and Design Department Manager Damon Grant responded to Board
questions regarding the local presence of the number one bidder AECOM; the grant funding utilized for the project;
the overall budgetary discussions; and the request to consider long term cost-savings of energy-efficient design, even
if a short-term over-run might occur. Commissioner Bigelow stated he would not support the item due to his
continuing discomfort with structure of the Selection Committee. Commissioner Hall moved to approve, seconded by
Commissioner Manning, called and carried with Commissioner Bigelow voting nay.
4. COUNTY COMMISSIONERS
No requests received.
5. COUNTY LANDS
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A)
ACTION REQUESTED/PURPOSE:
Approve, and authorize the Chair to execute,
five (5) Revocable Temporary Licenses
to
Plant Wellfield Expansion Project No. 7602 and respective
Easement instruments
upon
completion of the electric facilities. Also, authorize the Division of County Lands to
handle all documentation necessary to complete the transactions.
(
#20101210-
COUNTY LANDS)
FUNDING SOURCE:
Water Treatment Plant Wellfield Expansion 7602.
WHAT ACTION ACCOMPLISHES:
County Water Treatment Plant Expansion Project well sites.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved to approve, seconded by Commissioner Manning, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Approve
Easement Purchase Agreement
for the acquisition of Parcel 119-AE (±3,232),
the Alico Road/Briarcliff Stormwater Drainage Canal Project No. 4030, in the amount of
$6,000.00. Pursuant to the Agreement, authorize costs to close in the approximate amount
of $1,000.00; and the Division of County Lands to handle all documentation necessary to
complete the transaction. (
#20101225-
COUNTY LANDS)
FUNDING SOURCE:
Road.
WHAT ACTION ACCOMPLISHES:
Acquisition of property necessary for the Alico Road-Briarcliff Stormwater Drainage
Canal Project No. 4030, without the necessity of an eminent domain action.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved to approve, seconded by Commissioner Manning, called and carried.
6. HUMAN SERVICES
No requests received.
7. INDEPENDENT
A)
ACTION REQUESTED/PURPOSE:
Authorize the Director of Domestic Animal Services (LCDAS) to execute all documents to
participate in the Edison Festival 2011 Mutt Strutt and any future events offered by the
fundraising initiatives. (
#20101194-
ANIMAL SERVICES)
FUNDING SOURCE:
No funds required.
WHAT ACTION ACCOMPLISHES:
raise community awareness for programs and services offered by the agency, including but
not limited to, low-cost spay/neuter, Pet Pantry, etc. Participation in Edison festival events
also raises donations to support the Animal Care Trust Fund to provide veterinary care for
sick and injured animals for indigent owners and LCDAS shelter pets.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved to approve, seconded by Commissioner Manning, called and carried.
8. NATURAL RESOURCES/ SOLID WASTE
A)
ACTION REQUESTED/PURPOSE:
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Accept donation
(LCSO), and authorize Chair to execute title. (
#20101206-
NATURAL RESOURCES)
FUNDING SOURCE:
Donation - N/A.
WHAT ACTION ACCOMPLISHES:
Approves donation of vessel, motor, and trailer to the Division of Natural Resources.
Allows unused vessel to be put back into service.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved to approve, seconded by Commissioner Manning, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Approve
transfer
from Manatee Conservation Fund Reserves, in the amount of $13,200.00,
to Other Contracted Services in the Manatee Conservation Fund Account, to provide law
zones. (
#20101224-
NATURAL RESOURCES)
FUNDING SOURCE:
Fund – Manatee Conservation Fund; Program – Manatee Conservation; Project – N/A.
WHAT ACTION ACCOMPLISHES:
Provides additional on the water law enforcement during the time period manatees seek out
MANAGEMENT RECOMMENDATION:
Staff recommends approval.
Commissioner Hall moved to approve, seconded by Commissioner Manning, called and carried.
C)
ACTION REQUESTED/PURPOSE:
Approve
Amendment No. 1
cost share as not to exceed $133,227.00. All other terms and conditions are unchanged.
(
#20101231-
NATURAL RESOURCES)
FUNDING SOURCE:
SFWMD Grant Projects.
WHAT ACTION ACCOMPLISHES:
Provides adjustment to cost share allowing for contract close-out.
MANAGEMENT RECOMMENDATION:
Staff recommends approval.
Commissioner Hall moved to approve, seconded by Commissioner Manning, called and carried.
D)
ACTION REQUESTED/PURPOSE:
Approve award for the required Excess Liability insurance policy (for the Waste-to-Energy
Facility) to Public Risk Insurance Agency in the not-to-exceed amount of $155,000.00 or
award such insurance policy to another underwriter meeting all required conditions and
financial capacity for a lesser premium amount if the County receives such quoted
proposal in a timely manner and such policy is deemed to be in the best interest of the
County. (
#20101232-
SOLID WASTE)
FUNDING SOURCE:
Fund: Solid Waste System Operations; Program: SW Disposal Facilities; Project:
Insurance and Bonds.
WHAT ACTION ACCOMPLISHES:
County and FPL.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved to approve, seconded by Commissioner Manning, called and carried.
E)
ACTION REQUESTED/PURPOSE:
Water Management District Agreement, Caloosahatchee River Basin Algal Turf Scrubber,
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be utilized for implementation of other innovative nutrient removing technologies for
#20101239-
NATURAL RESOURCES)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Utilize programmed District funding for alternative projects.
MANAGEMENT RECOMMENDATION:
Staff recommends approval.
Commissioner Hall moved to approve, seconded by Commissioner Manning, called and carried.
9. PARKS AND RECREATION
A)
ACTION REQUESTED/PURPOSE:
Direct Planning staff to initiate re-zonings for eight County preserves (Persimmon Ridge
#20101212-
PARKS AND RECREATION)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
better reflect the uses of these preserves.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved to approve, seconded by Commissioner Manning, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Affirm
Memorandum of Agreement (MOA)
Flatwoods, a Conservation 2020 preserve. (
#20101227-
PARKS AND RECREATION)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved to approve, seconded by Commissioner Manning, called and carried.
C)
ACTION REQUESTED/PURPOSE:
Approve and execute a
License Agreement,
Senior Citizen's Center, Inc., for the use of a county-owned building for the Lehigh Senior
Center, for a contract period of January 1, 2011 through December 31, 2016.
(
#20101230-
PARKS AND RECREATION)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved to approve, seconded by Commissioner Manning, called and carried.
10. PUBLIC SAFETY
A)
ACTION REQUESTED/PURPOSE:
Authorize Chair to execute an
Acceptance Letter,
and also execute an
Agreement
with the
Division of Emergency Management for Homeland Security funding in the amount of
the General Fund for FY10-11 in the amount of $9,000.00; and approve expenditures in a
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like amount. (
#20101229-
PUBLIC SAFETY)
FUNDING SOURCE:
General Fund/Public Safety Grant.
WHAT ACTION ACCOMPLISHES:
MANAGEMENT RECOMMENDATION:
Approval.
Commissioner Hall moved to approve, seconded by Commissioner Manning, called and carried.
11. PUBLIC WORKS ADMINISTRATION
A)
ACTION REQUESTED/PURPOSE:
Authorize the Chairman to sign a
(SFWMD)
the first release of wetland mitigation credits generated by the project.
(
#20101211-
PUBLIC WORKS ADMINISTRATION)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Approval of the letter complies with the intent of SFWMD permit conditions for the
Section 33 Regional Mitigation Site, and allows for the first release of wetland mitigation
credits generated by the project.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved to approve, seconded by Commissioner Manning, called and carried.
12. TRANSPORTATION
A)
ACTION REQUESTED/PURPOSE:
Approve a Resolution authorizing the Chair to execute the attached
Post-Project
Maintenance Agreement
(#20101208-
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
line. Authorizes the Chair to execute the Resolution and Agreement.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved to approve, seconded by Commissioner Manning, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Approve the utilization of piggybacking from the State of Florida's Agreement with
rate outlined in Schedule C. This contract shall be in effect until June 30, 2015.
(
#20101221-
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
EXPRESS credit card.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved to approve, seconded by Commissioner Manning, called and carried.
13. UTILITIES
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A)
ACTION REQUESTED/PURPOSE:
CFM Payments: Per the Interlocal Agreement, approve monthly payments up to the annual
South and Central Plants. Also, authorize payment in the amount of $239,740.05 for the
flat fee amortization of the debt-funded CIP projects. (
#20101218-
UTILITIES)
FUNDING SOURCE:
Project – Other Contracted Services.
WHAT ACTION ACCOMPLISHES:
payment of $239,740.05 for the flat fee amortization for the debt-funded CIP projects such
as the reuse facility improvements at the South Wastewater Treatment Plant, construction
of a backup deep injection well at both the South and Central Wastewater Treatment
Plants, and odor control upgrade at the South Wastewater Treatment Plant.
MANAGEMENT RECOMMENDATION:
Approval.
PULLED FOR DISCUSSION
Following clarification from Assistant County Manager Doug Meurer that the $7,500,000.00 figure was an annual
expense, not monthly; Commissioner Judah moved approval, seconded for discussion by Commissioner Manning.
Mr. Meurer confirmed continued participation in a Regional Utilities group; and estimated a target completion date of
March for the County’s Utility Master Plan. The motion was then called and carried.
B)
ACTION REQUESTED/PURPOSE:
Approve, and authorize the Chair to execute, a
funding program agreement
with the South
(
#20101220-
UTILITIES)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Provides the terms and conditions to be met by the end of August 2011 to receive
$200,000.00 in grant money from the SFWMD for developing an Alternative Water
Supply.
MANAGEMENT RECOMMENDATION:
Approval.
Commissioner Hall moved to approve, seconded by Commissioner Manning, called and carried.
14. COUNTY ATTORNEY
A)
ACTION REQUESTED/PURPOSE:
Approve and authorize execution and recording of an
Agreement between Verandah
control purposes. (
#20101197-
COUNTY ATTORNEY)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
An Agreement for the County’s exercise of jurisdictional control over private roadways
must be approved and executed by the Board pursuant to Florida Statutes.
MANAGEMENT RECOMMENDATION:
Approve Agreement.
Commissioner Hall moved to approve, seconded by Commissioner Manning, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Approve and authorize execution and recording of an
Agreement between Cascades at
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for traffic control purposes. (
#20101213-
COUNTY ATTORNEY)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
An Agreement for the County’s exercise of jurisdictional control over private roadways
must be approved and executed by the Board pursuant to Florida Statutes.
MANAGEMENT RECOMMENDATION:
Approve Agreement.
Commissioner Hall moved to approve, seconded by Commissioner Manning, called and carried.
C)
ACTION REQUESTED/PURPOSE:
Adopt a Resolution extending the build-out date for the
Merchants Crossing DRI
for two
years from October 28, 2012 to October 28, 2014. (
#20101226-
COUNTY ATTORNEY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Extends the build-out date from October 28, 2012 to October 28, 2014 in accord with
Florida Statutes and Senate Bill 1752 adopted May 28, 2010.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved to approve, seconded by Commissioner Manning, called and carried.
D)
ACTION REQUESTED/PURPOSE:
Amend the
Grant Agreement with the Sierra Club,
executed by the Board of County
Commissioners on December 5, 2006. Also, approve the request for
transfer of funds
for
the remaining $100,000.00 grant. (
#20101233-
COUNTY ATTORNEY)
FUNDING SOURCE:
General Fund/Non-Departmental.
WHAT ACTION ACCOMPLISHES:
Provides the Sierra Club with partial financial assistance in the continued prosecution of
MANAGEMENT RECOMMENDATION:
Execute the Amended Grant Agreement. (The proposed Amended Grant Agreement, with
the amendments highlighted, as attached in the backup material to this item.)
Commissioner Hall moved to approve, seconded by Commissioner Manning, called and carried.
15. HEARING EXAMINER
16. CONSTITUTIONAL OFFICERS
A)
ACTION REQUESTED/PURPOSE:
Approve disbursement of excess funds resulting from the sale of tax deed certificates to a
claimant(s) verified and certified under Florida Statutes 197.582, as follows:
Tax Deed Number
Payee
Amount
2009006062
2009006643
Michael Sowle
Inc., c/o Becker & Poliakoff, P.A.
$36,226.88
$4,697.18
(
#20101222-
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:
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Provides for disbursement of excess tax deed proceeds to an appropriate claimant(s) in
compliance with statutory rules and requirements.
MANAGEMENT RECOMMENDATION:
Approve disbursement to identified claimant(s).
Commissioner Hall moved to approve, seconded by Commissioner Manning, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Approve the Minutes for the following meetings of the Board of County Commissioners
held during the week of December 6 through December 10, 2010:
December 6, 2010 (Zoning),
December 6, 2010 (Management & Planning),
December 7, 2010 (Regular).
(
#20101223-
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 to approve, seconded by Commissioner Manning, called and carried.
C)
ACTION REQUESTED/PURPOSE:
Approve the Minutes for the following meetings of the Board of County Commissioners
held during the week of December 13 through December 17, 2010:
December 14, 2010 (Regular).
(
#20101242-
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 to approve, seconded by Commissioner Manning, called and carried.
D)
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. (
#20101243-
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 to approve, seconded by Commissioner Manning, called and carried.
E)
ACTION REQUESTED/PURPOSE:
Consider the adoption of a Resolution approving and authorizing the creation of,
Administrative Code AC-3-X, Disposition of Records held by the Clerk of Circuit Court
on behalf of the Board of County Commissioners (Board). (
#20101244
- FINANCE)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Allows the Clerk of Circuit Court to dispose of records based upon the guidelines set by
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MANAGEMENT RECOMMENDATION:
Adopt the Resolution and the Administrative Code.
Commissioner Hall moved to approve, seconded by Commissioner Manning, called and carried.
RESOLUTION 11-01-05
F)
ACTION REQUESTED/PURPOSE:
Present for informational purposes interim reporting on selected financial activity and
provide an update on the economic changes in today's market (see background
information). (
#20101249-
FINANCE)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
County Board of County Commissioners. Included in this report in compliance with
Chapter 218.415, Florida Statutes, Local Investment Policies, is the stated and fair market
Ordinance 02-28 activity for the Driver’s Education Safety Trust Fund.
MANAGEMENT RECOMMENDATION:
The purpose of this report is to convey to the Board the financial status of selected
revenues and expenditures as of the stated dates, and the market value of investments
managed by the Clerk’s Office on behalf of the Board.
PULLED FOR DISCUSSION
Commissioner Judah stated he had pulled this item out of courtesy to Mr. Hyman. Board discussion ensued with
County Manager Karen B. Hawes and Assistant County Manager Pete Winton responding to the Board’s request to
include Clerk of Circuit Court Charlie Green in the upcoming Management & Planning (M&P) Meeting reserved for
budget discussion. The Board’s intent was clarified as a request for Mr. Green to attend, with no alternate
representation, to provide an in-depth understanding of the Clerk’s Investment Reports and correlation with the
current budget sessions. Commissioner Judah moved approval, seconded for discussion by Commissioner Hall. Final
comments included a request to Administration that all Constitutionals participate in the budget meetings and be
encouraged to follow the County’s lead. The motion was then called and carried.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
ADMINISTRATIVE AGENDA
1. COUNTY ADMINISTRATION
2. COMMUNITY DEVELOPMENT
3. CONSTRUCTION AND DESIGN
4. COUNTY COMMISSIONERS
5. COUNTY LANDS
6. HUMAN SERVICES
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7. INDEPENDENT
8. NATURAL RESOURCES/ SOLID WASTE
A)
ACTION REQUESTED/PURPOSE:
Approve, and authorize the Chair to sign, an
Agreement with the Naples International
Airport
(Airport) establishing conditions and responsibilities such that the Airport will
(WTE). (
#20101238-
SOLID WASTE)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Provides a cooperative agreement for the delivery, processing, and disposal of certain
of Agriculture.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded for discussion by Commissioner Manning. Following a brief
explanation and response to Board questions on details of the activity from Solid Waste Division Director Lindsey J.
Sampson, the motion was called and carried.
9. PARKS AND RECREATION
10. PUBLIC SAFETY
11. PUBLIC WORKS ADMINISTRATION
13. UTILITIES
14. COUNTY ATTORNEY
A)
ACTION REQUESTED/PURPOSE:
Approve the Resolution of Necessity for the acquisition and condemnation of Fee Simple
Interest in Parcels 101, 102, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 123, and
(
#20101209-
COUNTY ATTORNEY)
FUNDING SOURCE:
Capital Project; Project – Burnt Store 4 Lane/78-Van Buren.
WHAT ACTION ACCOMPLISHES:
Allows the County to proceed with condemnation, if necessary, so fee interest rights to
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
RESOLUTION NOS. 11-01-06 through 11-01-19.
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B)
ACTION REQUESTED/PURPOSE:
Store Road Project. (
#20101214-
COUNTY ATTORNEY)
FUNDING SOURCE:
Fund: Toll surplus, land; Program: Capital Improvement Project; Project: Burnt Store
Road Widening
WHAT ACTION ACCOMPLISHES:
Settles all claims including attorney and appraiser fees.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
C)
ACTION REQUESTED/PURPOSE:
Store Road Project. (
#20101215-
COUNTY ATTORNEY)
FUNDING SOURCE:
Fund: Toll surplus, land; Program: Capital Improvement Project; Project: Burnt Store
Road Widening
WHAT ACTION ACCOMPLISHES:
Settles all claims including attorney and appraiser fees.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
D)
ACTION REQUESTED/PURPOSE:
Store Road Project. (
#20101216-
COUNTY ATTORNEY)
FUNDING SOURCE:
Fund: Toll surplus, land; Program: Capital Improvement Project; Project: Burnt Store
Road Widening
WHAT ACTION ACCOMPLISHES:
Settles all claims including attorney and appraiser fees.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
E)
ACTION REQUESTED/PURPOSE:
Upon the making and adoption of certain findings by the Board, approve and direct County
staff to reimburse Commissioner Franklin (Frank) Mann $6,374.21 in eligible legal fees
Probable Cause. (
#20101237-
COUNTY ATTORNEY)
FUNDING SOURCE:
General Fund Non-departmental.
WHAT ACTION ACCOMPLISHES:
MANAGEMENT RECOMMENDATION:
BoCC to provide direction.
Commissioner Judah moved approval, seconded for discussion by Commissioner Manning. At the request of
Commissioner Mann, Interim County Attorney Andrea Fraser provided an explanation of the governing laws and
Statutes, and noted that Commissioner Mann was required by law to vote on this matter. The motion was called
and carried.
15. HEARING EXAMINER
16. CONSTITUTIONAL OFFICERS
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17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
COMMISSIONER ITEMS
PROFESSIONAL PHOTOGRAPHERS DISPLAY – Commissioner Hall invited all to stop by her
office to enjoy the photography on display from members of the Professional Photographers of Southwest Florida, a
not-for-profit organization dedicated to providing quality education to their members. Commissioner Hall thanked
representative and contributing artist Carrie Smith for providing the display; and noted it would be available for
viewing until February 11.
MEDIA RECOGNITION – After wishing all present a Safe and Happy New Year, Commissioner Hall
expressed appreciation to the
for their recognition of significant contributions and special efforts of several
file in the Minutes Office), Commissioner Manning moved to approve that a
letter be sent from the Chair
to the
appropriate Florida Department of Environmental Protection (FDEP) District principals, seconded for discussion by
Commissioner Hall. Board dialog ensued with a status update from Natural Resources Director Roland Ottolini,
including direction to Administration and staff that a monthly update would be provided in order to maintain focus on
the project and assure forward movement. The Board discussion also resulted in a decision that an additional issue
should be added to the points raised in Commissioner Manning’s memorandum, with the inclusion of strong language
challenging the State’s current position that a return be built along the western shore as a separation of state and city
waters, exactly opposite their previous position and a hindrance to providing the required protection to Matlacha Pass.
The maker and seconder agreed to incorporate the additional language; it was further decided that Commissioner
Manning and Mr. Ottolini would coordinate the technicalities of the language, with reviews by both Commissioner
Judah for content and a final review by Interim County Attorney Andrea Fraser prior to the letter being forwarded for
signature. With concurrence from all parties, the motion was then called and carried including the additional
language.
COE IMPACT STUDY – Commissioner Judah reported that he had been notified that the County
needed to submit input to the Army Corps of Engineers (COE) area-wide Environmental Impact Statement (EIS)
Study regarding phosphate mining’s impact to local receiving waters no later than January 23. The ensuing
discussion, with input from Natural Resources Director Roland Ottolini, focused on producing an all-inclusive list of
county concerns and issues for Board approval at the next regular meeting. Mr. Ottolini advised that proposals had
already been requested from consultants familiar with the issues, and reminded the Board that the County had
responded to COE with notification of their intent to participate. Additional dialog resulted in direction that Mr.
Ottolini contact the appropriate COE parties to solidify the exact nature and due date of the request; whether the
County’s previous response had satisfied the request; and follow up as required with the consultants regarding turn-
around times.
edition of the
News-Press
from a recent visitor reporting a distressing experience, Commissioner Mann requested that
Transportation Division Deputy Director Paul Wingard investigate and handle the situation to the customer’s
satisfaction.
HOMEOWNER’S REQUEST FOR RESOLUTION – Commissioner Mann advised that several
Homeowner groups had requested Board support through the adoption of a Resolution that they could present to the
United States Post Office in support of their request to change their mailing address from “Fort Myers, Florida” to
“Estero Bay, Florida”. Commissioner Manning moved approval of preparing a draft Resolution, seconded by
Commissioner Hall for discussion. Following brief comments by Commissioner Hall and County Manager Karen B.
Hawes, the motion was clarified that Administration would bring a Resolution back on a Bluesheet at the next
meeting. The motion was then called and carried.
COMMITTEE APPOINTMENTS
Book – 2011R - B.O.C.C.-------------------------------------
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14
COMMITTEE;
SIDEWALK UNIT COMMITTEE,
seconded by Commissioner Manning, called and carried.
COMMUNITY
ACTION AGENCY/NEIGHBORHOOD DISTRICT COMMITTEE;
CONSERVATION LAND ACQUISITION AND STEWARDSHIP COMMITTEE,
seconded by Commissioner
Hall, called and carried.
HARLEM
HEIGHTS STREETLIGHTING UNIT COMMITTEE,
seconded by Commissioner Manning, called and carried.
BICYCLE/PEDESTRIAN
ADVISORY COMMITTEE;
COMMITTEE;
to appoint Wayne Daltry to the
LAND DEVELOPMENT CODE ADVISORY BOARD;
to
COMMUNITY SUSTAINABILITY ADVISORY
COMMITTEE;
EXECUTIVE REGULATORY OVERSIGHT COMMITTEE;
and
BOARD
, seconded by Commissioner Mann, called and carried.
SHORES STREETLIGHTING UNIT
Szymanski to the
LEHIGH ACRES STREETLIGHTING UNIT
. Commissioner Hall so moved, seconded by
Commissioner Manning, called and carried.
COUNTY MANAGER ITEMS
COUNTY ATTORNEY ITEMS
Referencing her
Memorandum to the Board dated January 3, 2011,
(copy on file in the Minutes Office)
Interim County Attorney Andrea Fraser reiterated that the Tex Development Executive Session was to be held on
Wednesday, January 26, 2011, at 10:00; beginning in Chambers and re-convening in the East Room. Attorney Fraser
explained that Gregory T. Stewart, Esq., of Nabors, Giblin & Nickerson, had been retained as counsel. Extended
discussion ensued with input from Attorney Fraser as required. Dialog was closed with a Board request to include as
attendees to the session specified personnel from the Division of County Lands and the Department of Transportation.
Attorney Fraser stated she would respond to the Board’s request after she verified whether statutory limitations
existed to preclude their request.
The Chairman adjourned the meeting at 10:55 a.m.
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APPROVED MINUTES OF 010411R
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