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BOOK - 2011R - B.O.C.C.-----------------------------------
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APRIL 26, 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 a.m., and requested a moment of silence for Joanne
Fowler, a great volunteer of the 20/20 Committee, who recently passed away. The Invocation was given by Reverend
PRESENTATIONS
Commissioner Hall read and presented a Ceremonial Resolution recognizing our Commission for
Accreditation of Parks and Recreation Agencies’ (CAPRA) visitation team, and thanked them for their dedication and
commitment to the field of Parks and Recreation. CAPRA representative Seve Ghose accepted the Resolution, and
thanked the Board. (
#20110319-
Commissioner Hall)
ANNOUNCEMENTS
Referring to the
Agenda Recap Sheet
dated April 26, 2011, the Chairman announced that:
Walk-on Item No. 1 would be heard at the appropriate time.
The County Attorney would give a briefing on the Proposed Aggregate Mining Legislation.
9:30 A.M. AGENDA ITEM
- Public Comment on Agenda Items
Consent (C) and Administrative (A)
No one from the general public came forward to offer comments.
THERE WERE NO REQUESTS FOR CONSENT AGENDA ITEMS TO BE PULLED FOR DISCUSSION BY THE
INDIVIDUAL COMMISSIONERS.
CONSENT AGENDA
1. COUNTY ADMINISTRATION
A)
ACTION REQUESTED/PURPOSE:
Approve the
Application for State Revenue Sharing Fiscal Year 2011-2012,
and authorize
Chair to sign the application. (
#20110308-
COUNTY MANAGER)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Each unit of government is required by the State to file an application in order to be
considered for any funds to be distributed under the Revenue Sharing Act. Allocates State
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Approve
transfer
from reserves of $400,000.00 to Principal for the Capital Revenue Bonds,
Series 1997A (Fund 23665). (
#20110311-
COUNTY MANAGER)
FUNDING SOURCE:
Fund 23665 Reserves, Cap Ref S97A Debt Service.
WHAT ACTION ACCOMPLISHES:
Establishes sufficient budget to make principal payment paid October 1, 2010 (FY10-11).
MANAGEMENT RECOMMENDATION:
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BOOK - 2011R - B.O.C.C.-----------------------------------
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Approve.
Commissioner Judah moved approval,
seconded by
Commissioner Manning,
called and carried
.
2. COMMUNITY DEVELOPMENT
A)
ACTION REQUESTED/PURPOSE:
1) Adopt by Resolution the proposed
Local Housing Assistance Plan
2) Authorize the County Manager or designee to make minor revisions that may be
required for final state approval. (
#20110294-
COMMUNITY DEVELOPMENT)
FUNDING SOURCE:
No funds required.
WHAT ACTION ACCOMPLISHES:
While currently there is no future funding proposed for the SHIP program, the proposed
plan is required to expend the remaining SHIP funds plus interest.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NO. 11-04-32
3. CONSTRUCTION AND DESIGN
No requests received.
4. COUNTY COMMISSIONERS
No requests received.
5. COUNTY LANDS
A)
ACTION REQUESTED/PURPOSE:
A) Approve
Purchase Agreement
for acquisition of Parcel 223, a 320 square-foot (SF) Fee
Simple interest, and Parcel 223-PE, a 320 square-foot (SF)
Slope Easement
interest,
collectively located at 16 Homestead Road, Lehigh Acres, for the Homestead Road
Widening Project No. 5063 in the total amount of $2,100.00.
B) Authorize the Chairman on behalf of the Board to execute the Purchase Agreement;
C) Authorize the payment of necessary costs and fees to close.
complete this transaction. (
#20110306-
COUNTY LANDS)
FUNDING SOURCE:
Fund: Road Impact Fees - Central District; Program: Capital Projects Project: Homestead
Road Widening Project.
WHAT ACTION ACCOMPLISHES:
Acquires the necessary property from Parcel 223 for the widening project.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
6. HUMAN SERVICES
No requests received.
7. INDEPENDENT
No requests received.
8. NATURAL RESOURCES/ SOLID WASTE
A)
ACTION REQUESTED/PURPOSE:
responsible bidder meeting all bid requirements,
(a local vendor),
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BOOK - 2011R - B.O.C.C.-----------------------------------
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for a not-to-exceed amount of $487,985.00 with a project duration of 150 calendar days.
(
#20110293-
NATURAL RESOURCES)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
new control structures. Additional improvements include the re-grading of four existing
spoil pile islands to create littoral shelves by the removal of exotic and nuisance species;
removal of spoil material and the planting of native wetland vegetation.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Driver position. (
#20110315-
SOLID WASTE)
FUNDING SOURCE:
Solid Waste System Ops - Disposal Facilities. No additional funds required.
WHAT ACTION ACCOMPLISHES:
Provides the Division with a full-time employee position required to transport solid waste,
recyclables, biosolids, and ash.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
9. PARKS AND RECREATION
No requests received.
10. PUBLIC SAFETY
No requests received.
11. PUBLIC WORKS ADMINISTRATION
No requests received.
12. TRANSPORTATION
A)
ACTION REQUESTED/PURPOSE:
1) Approve
Addendum to the Construction Manager Agreement
under project RFQ-10-03
contractor), in the Guaranteed Maximum Price (GMP) of $7,351,000.00 (includes CM Fee
of $405,341.00 or 6.5%) utilizing 90% local contractors, with a fourteen (14) month
completion time.
3) Approve
budget transfer
Midpoint Surplus Reserves and Project #205039 VES.
4) Approve FY 2010/11 - 2014/15 CIP accordingly. (
#20110273-
TRANSPORTATION)
FUNDING SOURCE:
Reconstruction.
WHAT ACTION ACCOMPLISHES:
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
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BOOK - 2011R - B.O.C.C.-----------------------------------
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B)
ACTION REQUESTED/PURPOSE:
(a) Approve Project # PB110246, the utilization (piggyback) of Osceola County's Bid #
AR-11-1950-DW, which has gone through their competitive bidding process, for the
annual purchase for DOT of sign sheeting materials.
(b) Approve the purchase of these materials from 3M Company for the unit prices as listed
on the attached Tabulation Sheet.
(c) Approve the annual expenditure of approximately $150,000.00 for the acquisition of
sign sheeting materials under this Bid.
(d) Approve the piggybacking and use of this Bid for its full term which is through March
6, 2014. (
#20110287-
TRANSPORTATION)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Allows the Transportation Department (Sign Shop) to purchase sign sheeting material in a
cost-effective, efficient, and timely manner.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
13. UTILITIES
A)
ACTION REQUESTED/PURPOSE:
Developer Contributed Asset: Approve final acceptance, by Resolution, as a donation of a
water main and force main relocation to Miromar Outlet Mall Corkscrew Road Access
Improvements. This asset project is located at the northwest corner of Corkscrew Road
#20110289-
UTILITIES)
FUNDING SOURCE:
No funds required.
WHAT ACTION ACCOMPLISHES:
Provides adequate utility infrastructure to support the recent addition of turn lanes and
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NO. 11-04-33
B)
ACTION REQUESTED/PURPOSE:
Developer Contributed Asset: Approve construction of a water and gravity main extension
service to this proposed medical facility. This asset project is located on the south side of
#20110290-
UTILITIES)
FUNDING SOURCE:
No funds required.
WHAT ACTION ACCOMPLISHES:
Provides adequate utility infrastructure to support development of the subject property, and
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
C)
ACTION REQUESTED/PURPOSE:
Budget Transfer
(BS 20110299/19749, KAM/SDG): Approve CIP Budget Transfer in the
amount of $50,000.00 from the Corkscrew Road & I-75 Interchange Project to the
Summerlin Road Water System Improvements Project, and amend the FY '10/11 CIP
Budget accordingly. (
#20110299-
UTILITIES)
FUNDING SOURCE:
Water System Improvements.
WHAT ACTION ACCOMPLISHES:
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BOOK - 2011R - B.O.C.C.-----------------------------------
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Provides funds to complete bidding and engineering construction services for the
Summerlin Road Water System Improvements Project, Phase IIB.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
14. COUNTY ATTORNEY
No requests received.
15. HEARING EXAMINER
No requests received.
16. CONSTITUTIONAL OFFICERS
A)
ACTION REQUESTED/PURPOSE:
Approve
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. (
#20110320-
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 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 April 11 through April 15, 2011:
April 11, 2011 (Management & Planning Overflow) April 12, 2011 (Regular)
(
#20110321-
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 Manning, called and carried.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
No requests received.
ADMINISTRATIVE AGENDA
1. COUNTY ADMINISTRATION
A)
ACTION REQUESTED/PURPOSE:
Approve pre-litigation settlement agreement in the liability case of Tarver, Leroy et al. v.
(
#20110297-
COUNTY MANAGER)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Resolves this case prior to trial, limiting the County’s exposure.
MANAGEMENT RECOMMENDATION:
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BOOK - 2011R - B.O.C.C.-----------------------------------
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Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
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.
6. HUMAN SERVICES
No requests received.
7. INDEPENDENT
No requests received.
8. NATURAL RESOURCES/ SOLID WASTE
No requests received.
9. PARKS AND RECREATION
No requests received.
10. PUBLIC SAFETY
No requests received.
11. PUBLIC WORKS ADMINISTRATION
No requests received.
12. TRANSPORTATION
No requests received.
13. UTILITIES
No requests received.
14. COUNTY ATTORNEY
A)
ACTION REQUESTED/PURPOSE:
Approve the Amended Resolution of Necessity to provide for the modification of the legal
description for Parcel 116-AE, Alico Road/Briarcliff Stormwater Drainage Canal Project
No. 4030 (Stormwater Drainage Facility Maintenance).
(
#20110310-
COUNTY ATTORNEY)
FUNDING SOURCE:
No funds are required.
WHAT ACTION ACCOMPLISHES:
Allows the County to proceed with condemnation and clear title, so the parcel can be
acquired for the Alico Road/Briarcliff Stormwater Drainage Canal Project No. 4030.
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MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NO. 11-04-34
15. HEARING EXAMINER
No requests received.
16. CONSTITUTIONAL OFFICERS
A)
ACTION REQUESTED/PURPOSE:
Present for information purposes interim reporting on selected financial activity and
provide an update on the economic changes in today's market (see background
information). (
#20110322-
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
Court Facilities Funds Collected.
MANAGEMENT RECOMMENDATION:
The purpose of this report is to convey to you the financial status of selected significant
and expenditures as of the stated dates, and the market value of investments managed by
the Clerk’s Office on behalf of the Board.
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
No requests received.
9:30 A.M. AGENDA ITEM – Public Hearing
1. ACTION REQUESTED/PURPOSE:
Conduct a Public Hearing to adopt a Resolution on Petition to Vacate VAC2011-00003,
t
o vacate a twelve-foot (12’) wide Public Utility
Easements, centered along the common lot line between Lots 33 and 34, Boca Grande
less and except the east six feet (6’) thereof. (
#20110237-
COMMUNITY
DEVELOPMENT)
FUNDING SOURCE:
No funding required.
WHAT ACTION ACCOMPLISHES:
Extinguishes the utility easement to remove a title encumbrance for a single family
residence inadvertently constructed across the easement centered on two combined lots in
1984. The vacation of this easement will not alter existing drainage and utility
conditions, and the easement is not necessary to accommodate any future drainage and
utility requirements.
MANAGEMENT RECOMMENDATION:
Approve.
Affidavit of Publication
for
the 9:30 a.m. Agenda Item No. 1; and briefly reviewed this request. The Chairman called for public comment;
however, no one came forward. Commissioner Manning moved approval, seconded by Commissioner Judah, called
and carried.
RESOLUTION NO. 11-04-35
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WALK-ON ITEM NO. 1
8. NATURAL RESOURCES/SOLID WASTE
1. ACTION REQUESTED/PURPOSE:
Reschedule the Public Hearing (PH) related to the consideration of amendments to
County Ordinance 08-10 (flow control of recycling materials), currently scheduled for
May 10, 2011 at 5:00 PM, to May 24, 2011 at 5:00 PM. (
#20110340-
SOLID WASTE)
FUNDING SOURCE:
Not applicable.
WHAT ACTION ACCOMPLISHES:
Reschedules a Public Hearing agenda item.
MANAGEMENT RECOMMENDATION:
Approve.
REASON FOR WALK ON:
Four Commissioners will need to leave the May 10 PH by 5:30 PM. Rescheduling this
agenda item will allow more time for discussion.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
COMMISSIONER ITEMS
– Commissioner Judah moved that the Board send a
letter or a Resolution to the appropriate House and the Senate to oppose the two bills with regards to Growth
Management, seconded by Commissioner Hall. Following brief Board discussion, with Chairman Mann requesting
Commissioner Judah confer with Assistant County Manager Holly Schwartz and bring the draft letter back to the
Board at this evening’s meeting, the motion was called and carried.
LATER IN THE EVEING IMMEDIATELY FOLLOWING THE 5:00 PM HEARING:
Chairman Mann noted that in this morning’s Board meeting, it was Board consensus that the letter requested by
Commissioner Judah opposing the two (2) Bills be brought back with specificity to this afternoon’s meeting. Since
there was no objection from the Board on the revised letter, the Chairman stated that the letter will be sent.
LEESAR GROUNDBREAKING – Commissioner Hall reported on the groundbreaking of LeeSar on
COMMISSIONER JUDAH COMMENDED – Chairman Mann informed he had received a note from
Town of Fort Myers Beach Mayor Larry Kiker commending and thanking Commissioner Judah for meeting with the
citizens of Fort Myers Beach. Commissioner Judah also thanked Parks & Recreation Director Barbara Manzo for her
assistance.
COMMITTEE APPOINTMENTS
PARTNERING FOR
RESULTS COMMITTEE.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and
carried.
Commissioner Hall moved to appoint John Tierman to the
PARTNERING FOR RESULTS
COMMITTEE;
appoint Michael Ekblad to the
LAND DEVELOPMENT CODE,
seconded by Commissioner
Manning, called and carried.
Commissioner Manning moved to reappoint Sally Tapager to the
PARKS AND RECREATION
ADVISORY COMMITTEE,
seconded by Commissioner Hall, called and carried.
COUNTY MANAGER ITEMS
COUNTY ATTORNEY ITEMS
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letter
drafted for the Board’s review would be
sent to various Committees on the Environmental Bill that provided for a pre-emption. Commissioner Judah moved
approval, seconded by Commissioner Manning. Board discussion ensued with Chairman Mann informing that upon
notice of this issues, he called and talked to the Lee County Legislative delegation on the subject. The motion was
called and carried.
The Chairman recessed the meeting until 5:00 p.m. The Chairman called the meeting back to order at 5:00 p.m. with
all Commissioners present with the exception of Commissioners Manning and Bigelow.
5:00 P.M. AGENDA ITEM -
Public Hearing
1. ACTION REQUESTED/PURPOSE:
CIP Assessment (BS 20110295/19745, TH/SDG): Conduct a Public Hearing on April 26, 2011 at
its membership. (
#20110295-
UTILITIES)
FUNDING SOURCE:
No funds required.
WHAT ACTION ACCOMPLISHES:
Provides required Board approval for GIWA to assess each member a monthly installment for 5
years to finance the relocation of GIWA’s water and sewer mains at the three bridges on Boca
Grande Causeway when the new bridges are constructed.
MANAGEMENT RECOMMENDATION:
Approval.
Affidavit of Publication
for
the 5:00 p.m. Agenda Item No. 1; and briefly reviewed this request. The Chairman called for public comment;
however, no one came forward. Commissioner Hall moved approval, seconded by Commissioner Judah, called and
carried with Commissioners Manning and Bigelow absent.
RESOLUTION NO. 11-04-36
5:05 P.M. AGENDA ITEM -
Public Presentation of Matters by Citizens
Chris Schaab
expressed concern with the health of the beaches and
waterways on FMB.
The Chairman adjourned the meeting at 5:05 p.m.
__________________________
_____________________________
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