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BOOK - 2011R - B.O.C.C.-----------------------------------
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JANUARY 25, 2011
The
Regular Meeting
of the
was held on this date with the
following Commissioners present:
PRESENTATIONS
The Length of Service Awards were presented for the First Quarter FY2010-11. See the Agenda back-
up material for a listing of the employees recognized. (
#201410039-
HUMAN RESOURCES)
ANNOUNCEMENTS
Referring to the Agenda
Recap Sheet
dated January 25, 2011, the Chairman announced there were no
changes to the agenda.
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 citizen came forward:
The following are the Consent Agenda items that each Board member wished to have discussed:
Commissioner Mann – 12(a), 13(a)
Commissioner Manning - None
Commissioner Hall - None
Commissioner Judah – 8(b)
Commissioner Bigelow - None
CONSENT AGENDA
1. COUNTY ADMINISTRATION
A)
ACTION REQUESTED/PURPOSE:
Approve
three Budget Transfers
and one Budget Amendment Resolution to reallocate
funding into the appropriate funds for the Red Sox Stadium project 202499.
(
#20110023-
COUNTY MANAGER)
FUNDING SOURCE:
Funds - Tourist Dev Tax Revenue Bonds 2010A, B, & C Construction and Capital
Stadium.
WHAT ACTION ACCOMPLISHES:
This blue sheet will provide budget in the appropriate fund to process the final payment on
the original $75,000,000.00 loan for the Red Sox Stadium and for the site work. This
action will not increase or decrease the project budget.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NO. 11-01-33
2. COMMUNITY DEVELOPMENT
No requests received.
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BOOK - 2011R - B.O.C.C.-----------------------------------
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3. CONSTRUCTION AND DESIGN
No requests received.
4. COUNTY COMMISSIONERS
No requests received.
5. COUNTY LANDS
A)
ACTION REQUESTED/PURPOSE:
Authorize the Division of County Lands to make a binding offer to property owner, Crown
No. 7313. Pursuant to the Purchase Agreement; authorize payment of costs to close in the
approximate amount of $600.00, and the Division of County Lands to handle all
documentation necessary to complete transaction. (
#20110019-
COUNTY LANDS)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Authorizes binding offer to property owner.
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:
Approve budget amendment and expenditure in the amount of $40,233.00 representing
unanticipated revenues for Derelict Vessel Removal in Estero Bay paid by HLH Real
Estate Properties, LLC and Ocean Harbor Yacht Club in compliance with permit
conditions. (
#20110022-
NATURAL RESOURCES)
FUNDING SOURCE:
Derelict Vessel Removal.
WHAT ACTION ACCOMPLISHES:
Provides additional funding for abandoned/derelict vessel removal in Estero Bay through a
donation from HLH Properties and Ocean Harbor Yacht Club.
MANAGEMENT RECOMMENDATION:
Staff recommends approval.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NO. 11-01-34
B)
ACTION REQUESTED/PURPOSE:
bidder meeting all bid requirements,
Florida Dredge & Dock LLC,
(a non-local
Contractor), for the base bid amount of $3,533,486.80, with a project completion time of
150 calendar days. Also, approve Budget amendment resolution in the amount of
$860,224.00 for unanticipated revenues from WCIND ($750,000.00) and the Town of Fort
Board upon receipt. (
#20110028-
NATURAL RESOURCES)
FUNDING SOURCE:
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BOOK - 2011R - B.O.C.C.-----------------------------------
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Funds) and Cap Imp-Tourist Dev Beach Project; Program: Marine Services Major
WHAT ACTION ACCOMPLISHES:
The beach restoration project consists of the replacement of a maximum volume of
315,000 cy of fill on north Estero Island in reach A. The project on north Estero Island
extends from approximately DNR monument R-174+300N to approximately R-181+600N,
a distance of about 1.2 miles. This project includes the construction of a terminal groin on
the north tip of Estero Island, 300 feet north of R-175. The terminal groin is 240 feet long
at the crest by 48 feet wide at the base, and perpendicular to the shoreline. Modifications
to the design position may be needed due to current conditions of the beach.
One borrow area has been identified for use in the project. Borrow Area I is located 16
miles west of Estero Island and will be used for north Estero Island.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
At Commissioner Judah’s request, Natural Resources Marine Operations Manager Steve Boutelle provided an update
on the project time frame and work schedules; and indicated the anticipated start date of construction as March 15,
2011. Following brief Board comments and acknowledgement of the hard work of Mr. Boutelle and the district
Commissioner, Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NO. 11-01-35
C)
ACTION REQUESTED/PURPOSE:
responsible bidder meeting all bid requirements,
local Contractor), utilizing the 3% Local Bidder Preference Ordinance #08-26 (for a total
lump sum contract amount of $1,423,000.00), with a project completion time of 150
calendar days. Also, authorize Chair to execute contract on behalf of the Board upon
receipt. (
#20110029-
SOLID WASTE)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Provide all labor, materials, and equipment to construct, test, and prepare for operation
surface facilities for an existing deep injection well including pumps, controls, a surface
impoundment and ancillary piping and appurtenances in accordance with the specifications
and the contract documents.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
Commissioner Manning briefly left the chambers during the above discussion.
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:
Authorize staff to terminate CN-02-31 Burnt Store Road-Veterans Parkway-Colonial
Boulevard Corridor Study and CN-08-11 Colonial Expressway Initiative Owner's
Engineering Representative. Also, approve a
transfer
from reserves in the amount of
$676,995.00 to provide a budget to return unspent loan funds to the Florida Department of
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BOOK - 2011R - B.O.C.C.-----------------------------------
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Transportation from the Colonial Express Lanes initiative.
(
#20110021-
TRANSPORTATION)
FUNDING SOURCE:
No funds required.
WHAT ACTION ACCOMPLISHES:
Directs staff to cancel all contracts and close the Colonial Express Lanes Project as well as
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
At the request of Commissioner Mann, Department of Transportation Deputy Director Paul W. Wingard further
reviewed the background of this item. Following individual Board member comments regarding: other infrastructure
options, the funding source to repay FDOT, and the possible premature abandonment of the Study; Commissioners
Mann and Bigelow requested a breakout of dollars spent on the various studies. Commissioner Manning moved
approval, seconded by Commissioner Hall, called and carried with Commissioner Judah dissenting.
13. UTILITIES
A)
ACTION REQUESTED/PURPOSE:
Developer Contributed Asset: Approve construction of a water main extension and one (1)
asset project is located along the east side of Ortiz Avenue, approximately 1/2 mile south
of S.R. 82. (
#20101241-
UTILITIES)
FUNDING SOURCE:
No funds required.
WHAT ACTION ACCOMPLISHES:
Provides adequate utility infrastructure to support development of the new Emergency
MANAGEMENT RECOMMENDATION:
Approval.
PULLED FOR DISCUSSION
Commissioner Mann indicated that the Lee County Emergency Operations Center had enjoyed the majority support of
the Board for sometime, but not his. Commissioner Judah moved the item, seconded by Commissioner Manning,
called and carried.
B)
ACTION REQUESTED/PURPOSE:
Developer Contributed Asset: Approve final acceptance, by Resolution and recording of
one (1) utility easement,
as a donation of one potable water service, one 8-inch diameter
fire line and one sewer service, to provide potable water service, fire protection and
sanitary sewer service to Collins Vision, a recently constructed medical building. This
and International Center Boulevard. (
#20110009-
UTILITIES)
FUNDING SOURCE:
No funds required.
WHAT ACTION ACCOMPLISHES:
Provides adequate utility infrastructure to support development of the subject property, and
MANAGEMENT RECOMMENDATION:
Approval.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NO. 11-01-36
C)
ACTION REQUESTED/PURPOSE:
Award B-10-21, Corkscrew Water Treatment Plant Alum/Lime Sludge Removal, for the
Karle Enviro-Organic Recycling, Inc.
(a local contractor), at the below listed prices.
Lagoon #1: $236,400.00
Lagoon #2: $236,400.00
Lagoon #3: $197,000.00
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BOOK - 2011R - B.O.C.C.-----------------------------------
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Also, approve the term of this contract for a period of one (1) year with four (4) one-year
renewable terms for a total of Five (5) years; and authorize the Chair to execute the
contract on behalf of the Board upon receipt. (
#20110010-
UTILITIES)
FUNDING SOURCE:
Project: Trash, Garbage & Sludge Removal.
WHAT ACTION ACCOMPLISHES:
Approves Contractor services for the removal of Alum/Sludge from three (3) sludge
lagoons and incorporation with excavated mining material for industrial clean fill use in
accordance with all Federal, State and County rules and regulations.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
D)
ACTION REQUESTED/PURPOSE:
Wells Interlocal (BS 20110017/18432, SIV/SDG): Authorize Chair, on behalf of the
Board, to approve the
Interlocal Agreement between Estero Fire Rescue District
County for Access and Use of Water Wells. (
#20110017-
UTILITIES)
FUNDING SOURCE:
No funds required.
WHAT ACTION ACCOMPLISHES:
emergencies, for the purpose of using raw water for firefighting purposes, which serves a
public purpose and enhances public safety.
MANAGEMENT RECOMMENDATION:
Approval.
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. (
#20110040-
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 January 10 through January 14, 2011:
January 10, 2011 (Zoning) January 10, 2011 (Management & Planning),
January 11, 2011 (Regular) January 12, 2011 (Joint with ECWCD).
(
#20110041-
MINUTES)
FUNDING SOURCE:
N/A
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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.
C)
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). (
#20110042-
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, and Chapter
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 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
No requests received.
2. COMMUNITY DEVELOPMENT
No requests received.
3. CONSTRUCTION AND DESIGN
No requests received.
4. COUNTY COMMISSIONERS
No requests received.
5. COUNTY LANDS
A)
ACTION REQUESTED/PURPOSE:
Approve
Purchase Agreement
for acquisition of a +/-14.29 acre parcel located at 14121-
Stadium/Twins Complex, from Suriyah, LLC, in the amount of $4,810,000.00; authorize
payment of costs to close in the approximate amount of $50,000.00, and the Division of
County Lands to handle all documentation necessary to complete transaction. Also,
approve interest bearing loan from the Capital Improvement Fund (30100) to the Stadium
Surplus Debt Fund (17401) in the amount of $5,000,000.00 for the purchase of the Twins
Stadium Land Purchase project and approve two (2) budget resolutions to fund the land
purchase. (
#20110024-
COUNTY LANDS)
FUNDING SOURCE:
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Twins Stadium Land Purchase.
WHAT ACTION ACCOMPLISHES:
Acquires property that is adjacent to the Hammond Stadium/Twins Complex for expansion
opportunities.
MANAGEMENT RECOMMENDATION:
Approve.
Assistant County Manager Pete Winton reviewed the item, County Lands Project Manager Robert Clemens explained
the appraisal process, and County Sports Development Director Jeff Mielke provided the history and the benefits
derived from spring training. After Board deliberation, Commissioner Judah moved approval, seconded by
Commissioner Manning. Following explanation from Commissioner Hall on the county’s acquisition process and
Commissioners Judah and Manning’s comments on the opportunity for the county’s future expansion of the Twins’
spring training home, the motion was called and carried with Commissioners Mann and Bigelow dissenting.
RESOLUTION NOS.
11-01-37
AND
11-01-38
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.
No requests received.
13. UTILITIES
No requests received.
14. COUNTY ATTORNEY
No requests received.
15. HEARING EXAMINER
No requests received.
16. CONSTITUTIONAL OFFICERS
No requests received.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
No requests received.
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COMMISSIONER ITEMS
RE-ROUTING OF ALICO TO CORKSCREW ROAD – After noting that the Metropolitan Planning
Organization (MPO) had removed 951 from Corkscrew Road to the County line from their list, Commissioner Hall
requested Board concurrence for Staff to conduct an internal review of the possibility to go around Grandazza instead
of through Grandazza. Commissioner Judah pointed out concerns and challenges; however, he had no problem with
having an internal review by staff.
DISSOLVING THE EXPRESSWAY AUTHORITY – Commissioner Hall requested the Board to give
her authority on behalf of the Board for the
dissolution of the Expressway Authority
(letter on file in the Minutes
Office). Commissioner Hall so moved, seconded by Commissioner Manning, called and carried.
NORTH CAPTIVA CONCERNS – Commissioner Hall expressed concern over the tremendous beach
erosion in North Captiva during heavy storms. She requested that Staff provide an analysis on how to protect the
island. Commissioner Manning, as the district Commissioner, noted that he had been approached on the idea of a
Municipal Service Taxing Unit for access roadways.
SEPTIC TANK LEGISLATION – Commissioner Mann indicated receipt of a
letter
(copy on file in the
Minutes Office) drafted by Assistant County Manager Holly Schwartz regarding possible removal of the Septic Tank
Legislation. He noted that the letter would suggest that the Legislature allow the Counties to individually determine
whether or not to adopt local policy. Commissioner Manning so moved, seconded by Commissioner Hall.
Commissioner Judah suggested the addition of a sentence that Lee County does not as a County support the repeal.
Ms. Schwartz requested the addition of a sentence requested by Mr. Himschoot – “Also support the concept for
Inventory, Evaluate and Report to aid in establishing a uniform program that will provide meaningful information on
the existing infrastructure”. There was Board consensus.
HOMELESS CONTINUUM OF CARE GRANT – Commissioner Mann thanked Human Services
Director Ann Arnall for her work on a grant application, and receipt of a Grant in the amount of $2.1 million Housing
and Urban Development (HUD) funding for the Homeless Continuum of Care.
COMMITTEE APPOINTMENTS
BICYCLE/PEDESTRIAN
COMMITTEE,
AIRPORT SPECIAL MANAGEMENT COMMITTEE,
and Warren J.
Wright (
RESOLUTION NO. 11-01-39)
to the
COUNTY MANAGER ITEMS
are on line.
and noted that after looking at everyone’s schedules, February 5, 2011 was chosen.
COUNTY ATTORNEY ITEMS
9:30 A.M. PUBLIC HEARING
-
Public Presentation of Matters by Citizens
Pine Island resident Dave Lukasuck addressed his concern on the boat lift leak for water flowing freely
In regards to the County’s search for a County Attorney, he indicated that the
candidate should have litigation experience.
The Chairman adjourned the meeting at 11:27 a.m.
__________________________
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