HTML Raw Codes __The Regular Meeting of the Board of Lee County Commissioners was held this date with the following Commissioners present:
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BOOK - 2011R - B.O.C.C.------------------------------------
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OCTOBER 11, 2011
The
Regular Meeting
of the
Board of Lee County Commissioners
was held on this date with the
following Commissioners present:
John Manning, Vice Chairman
Ray Judah
Tammara Hall
CHAIRMAN FRANK B. MANN AND COMMISSIONER BRIAN BIGELOW WERE ABSENT FOR THE
ENTIRE MEETING.
The Vice Chairman called the meeting to order at 9:30 a.m. The Invocation was given by Pastor Matt
Boher of Emmanuel Baptist Church, followed by the Pledge of Allegiance.
PRESENTATIONS
WALK-ON ITEM NO.1 WAS HEARD OUT OF ORDER, SEE THAT ITEM FOR ACTION TAKEN
Commissioner Hall read and presented a Ceremonial Resolution proclaiming the week of October 10-16, 2011
as 4-H Week in Lee County. 4-H President Cayla Porter and Vice President Whitney Bogard, along with 4-H Youth
Development Agent Cathy Suggs accepted the Resolution, and expressed appreciation to the Board for this
recognition. (
#20110836-
Commissioner Hall)
Commissioner Judah read and presented a Ceremonial Resolution Proclaiming the week of October 16-22,
2011 as Friends of the Library Week in Lee County and urged its residents to recognize the importance by making a
commitment to their library for the good of the entire community. President of the Lee County Library Advisory
Board Byron Wallace, along with Sheldon Kaye and Karen Katz accepted the Resolution, and expressed appreciation
to the Board for this recognition. (
#20110828-
Commissioner Judah)
ANNOUNCEMENTS
Referring to the
Agenda Recap Sheet dated October 11, 2011,
the Vice Chairman announced that:
Consent Agenda Item 14A (Approval of Purchase Agreement for Parcel 193) should be pulled to allow
for further review and examination. The County Attorney’s office does not intend to re-schedule the item at this time.
Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried with Commissioners Mann
and Bigelow absent.
Consent Agenda Item 3A should be revised within the ACTION REQUESTED/PURPOSE:
Procurement Fort Myers Beach Fishing Pier – Correct the contract number from 5170 to 5710.
Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried with Commissioners Mann
and Bigelow absent.
Two Walk-On Items would be heard at the appropriate time in the agenda.
9:30 A.M. AGENDA ITEM
- Public Comment on Agenda Items
Consent (C) and Administrative (A)
C2A – Attorney
Charles Basinait
(handout)
C14B – Attorney
Charles Mann
with the Pavese Law Firm
The following are Consent Agenda items that each Board member wished to have discussed:
Commissioner Judah – 2A
Commissioner Hall – none
Commissioner Manning – 9A
CONSENT AGENDA
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1. COUNTY ADMINISTRATION
No requests received.
2. COMMUNITY DEVELOPMENT
A)
ACTION REQUESTED/PURPOSE:
Adopt Resolution authorizing the Director of the Department of Community Development
to execute the appropriate documents to grant four year extensions of Development Orders,
Zoning Master Concept Plans, and Concurrency Certificates that were issued between
January 2, 2006 and August 9, 2011.
(
#20110794-
COMMUNITY DEVELOPMENT)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Allow four year extensions of Development Orders, Zoning Master Concept Plans, and
Concurrency Certificates that were issued between January 2, 2006 and August 9, 2011.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
Community Development Director Mary Gibbs, at the request of Commissioner Judah, responded that staff is
agreeable to the requested extension by Attorney Charles Basinait on behalf of Premier/SOM Ft. Myers, LLC.
Commissioner Judah moved approval of the amended language contained in a letter provided by Public Speaker
Attorney Basinait, seconded by Commissioner Hall, called and carried with Commissioners Mann and Bigelow
absent.
RESOLUTION NO. 11-10-01
3. CONSTRUCTION AND DESIGN
A)
ACTION REQUESTED/PURPOSE:
Approve addendum to the Construction Manager Agreement, for RFQ-11-02 Fort Myers
Beach Fishing Pier Restoration, with Fowler Construction and Development (a local
Contractor), Contract #5170,
#5710
, to include waiving of any formal process (if needed)
and authorize the use of the Direct Material Purchase Orders as provided for in the CM
agreement with Lee County, which allows the County to purchase directly from suppliers
of equipment and/or materials as a cost/time saving measure.
(
#20110807-
CONSTRUCTION AND DESIGN)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Allows the County to purchase directly from suppliers of equipment and/or materials as a
cost/time saving measure.
MANAGEMENT RECOMMENDATION:
Approve.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
Consent Agenda Item 3A should be revised within the ACTION REQUESTED/PURPOSE: Procurement Fort Myers
Beach Fishing Pier – Correct the contract number from 5170 to 5710. Commissioner Judah moved approval, seconded
by Commissioner Hall, called and carried with Commissioners Mann and Bigelow absent.
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried with Commissioners Mann
and Bigelow absent.
4. COUNTY COMMISSIONERS
No requests received.
5. COUNTY LANDS
No requests received.
6. HUMAN SERVICES
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A)
ACTION REQUESTED/PURPOSE:
1) Approve Program Substantial
Amendment to
the Lee County 2010 Annual Action Plan
for U.S. Department of Housing and Urban Development (HUD); and 2) Authorize Chair
to sign documents related to said Amendment. (
#20110746-
HUMAN SERVICES)
FUNDING SOURCE:
HUD Community Development Block Grant (CDBG).
WHAT ACTION ACCOMPLISHES:
Allows reallocation of funds to prioritized activities.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried with Commissioners Mann
and Bigelow absent.
B)
ACTION REQUESTED/PURPOSE:
1) Accept award of
Edward Byrne Memorial Justice Assistance Grant
funding from the
State of Florida, Department of Law Enforcement, Office of Criminal Justice Grants; 2)
Approve FY 2011-2012 budget resolution in the amount of $104,731; 3) Authorize Chair
to sign
sub-recipient provider contracts
once prepared and contract amendments if needed
in the future. (
#20110793-
HUMAN SERVICES)
FUNDING SOURCE:
State of Florida Department of Law Enforcement.
WHAT ACTION ACCOMPLISHES:
Board action is necessary to establish the budget for the awarded funds and sign the service
provider agreements.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried with Commissioners Mann
and Bigelow absent.
RESOLUTION NO. 11-10-02
7. INDEPENDENT
A)
ACTION REQUESTED/PURPOSE:
Concur with the selection of Consultants by the Competitive Negotiations Committee for
CN-11-16, Miscellaneous Land Surveying & Mapping Services, and authorize staff to
negotiate hourly rates and independent cost with the below listed twelve (12) firms for a
contract period of two (2) years:
AIM Engineering & Surveying Inc.
,
Banks Engineering Inc.,
Barraco and Associates, Inc.
,
Bean, Whitaker, Lutz & Kareh Inc.
,
Coastal Engineering Consultants Inc.
,
Cooner & Associates Inc.,
EF Gaines Surveying Services Inc.;
Hole Montes Inc.,
Johnson Engineering, Inc.
,
Metron Surveying and Mapping,
SEA Diversified Inc., and
TKW Consulting Engineers Inc.
Authorize Chair to execute the agreements upon final negotiations.
(
#20110791-
PROCUREMENT MANAGEMENT)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Provides the county with twelve (12) consultants to provide professional surveying and
mapping services which include but are not limited to: As-Built Surveys; Boundary
Surveys; Construction Layout Surveys; Control Surveys; Hydrographic Surveys; Mean
High Water Line Surveys’ Quantity Surveys; Record Surveys; Right-of-Way Surveys;
Specific or Special Purpose Surveys; and Topographic Surveys.
MANAGEMENT RECOMMENDATION:
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Approve.
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried with Commissioners Mann
and Bigelow absent.
B)
ACTION REQUESTED/PURPOSE:
Approve purchase of Maintenance, Repair and Operations (MRO) Products, when it is in
the best interest of the County, under Project No. EX-110494 from Grainger using State of
Florida Contract No. 450-00-11-ACS procured in accord with FS s. 287.057 and effective
through February 28, 2004, or as extended; Rescind the award of Project No. EX-060631
approved under Blue sheet 20061020 for purchase of Tools, Hand Held and Hand Held
Power Tools under state contract 445-001-07-01 approved on August 26, 2006.
(
#20110790-
PROCUREMENT MANAGEMENT)
FUNDING SOURCE:
Various, depending on the County department or division requiring commodities available
from Grainger. Purchases will be made based upon available budgeted funds for the
specific department. Any purchase above $100,000 will be formally presented to the
Board for approval.
WHAT ACTION ACCOMPLISHES:
Provides an option for the purchase of necessary MRO Products with a minimum of 13%
discount from a vender offering a wide variety of quality choices.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried with Commissioners Mann
and Bigelow absent.
8. NATURAL RESOURCES/ SOLID WASTE
No requests received.
9. PARKS AND RECREATION
A)
ACTION REQUESTED/PURPOSE:
Approve the Utility Infrastructure Conveyance and Service
Agreement (
CSA) between Lee
County and Florida Governmental Utility Authority (FGUA) pertaining to the grant of a
utility easement necessary to provide potable water and waste water facilities and service
to Admiral Lehigh Trailhead park. Authorize Chair to execute
all documents
necessary to
complete the transaction, once the facilities have been constructed and are ready for
turnover to FGUA in accordance with the Conveyance Agreement.
(
#20110800-
PARKS AND RECREATION)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Allows the FGUA to provide water utility services including a backflow preventer for the
benefit of Admiral Lehigh Trailhead Park.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried with Commissioner
Manning abstaining (
Form 8-B on file in the Minutes Office)
and Commissioners Mann and Bigelow absent.
B)
ACTION REQUESTED/PURPOSE:
Approve and execute
Amendment I Grant Award Agreement
between Florida
Communities Trust (FCT), a non-regulatory agency within the State of Florida Department
of Community Affairs, and Lee County for San Carlos Bay - Bunche Beach Preserve.
(
#20110810-
PARKS AND RECREATION)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Incorporates the parcel acquired in 2006 into the San Carlos Bay - Bunche Beach Preserve
Florida Communities Trust project area, satisfying grant requirements.
MANAGEMENT RECOMMENDATION:
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Approve.
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried with Commissioners Mann
and Bigelow absent.
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, and authorize Chair to execute, a Purchase Agreement for acquisition of Parcel
193, a 10,075 square foot fee simple interest, located at 1231 Burnt Store Road N., Cape
Coral, FL, from property owner Karen Pitzner, for the Burnt Store Road Widening Project
No. 4088 in the amount of $37,500.00; authorize payment of $7,095.00 for attorney fees,
$450.00 for expert costs, and necessary costs to close of $500.00. Also, authorize County
Lands and County Attorney's Office staff to execute and accept all documentation
necessary to complete this transaction. (
#20110775-
COUNTY ATTORNEY)
FUNDING SOURCE:
Fund: Transportation Capital Improvement Surplus Capital Cape Coral; Program: Capital
Projects; Project: Burnt Store Road 4-lane/78-Van Buren.
WHAT ACTION ACCOMPLISHES:
Acquires Parcel 193 for the widening project.
MANAGEMENT RECOMMENDATION:
Approve.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
Consent Agenda Item 14A (Approval of Purchase Agreement for Parcel 193) should be pulled to allow for further
review and examination. The County Attorney’s office does not intend to re-schedule the item at this time.
Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried with Commissioners Mann
and Bigelow absent.
B)
ACTION REQUESTED/PURPOSE:
Adopt Resolutions extending the commencement, phase, build out and expiration dates for
the Miromar Lakes DRI, Gateway DRI, Alico Interchange Park DRI, and Gulf Coast Town
Center DRI by four years. (
#20110812-
COUNTY ATTORNEY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Extends the commencement, phase, build out and expiration dates in accordance with
Chapter 2011-139, Laws of Florida (HB 7207) adopted June 2, 2011.
MANAGEMENT RECOMMENDATION:
Adopt Resolutions approving Development Order Amendments for each DRI.
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried with Commissioners Mann
and Bigelow absent.
RESOLUTION NOS.
11-10-03
(Gulf Coast Town Center),
11-10-04
(Alico Interchange Park DRI),
11-10-05
(Miromar Lakes DRI), and
11-10-06
(Gateway DRI)
15. HEARING EXAMINER
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No requests received.
16. CONSTITUTIONAL OFFICERS
A)
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.
Tax Deed Number
2010-001466
2010-002884
2011-000275
2011-000275
Payee
Wells Fargo Bank, NA
Flamingo Holiday Homes, Inc.
Sylvia Phillips
Donald Phillips
Amount
$972.21
$856.49
$252.01
$252.02
(
#20110824-
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.
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried with Commissioners Mann
and Bigelow absent.
B)
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.
Tax Deed Number
2007-000143
2010-002806
Payee
US Asset Recovery
John C. Swearingen
Amount
$4,799.45
$95.70
(
#20110825-
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 Hall moved approval, seconded by Commissioner Judah, called and carried with Commissioners Mann
and Bigelow absent.
C)
ACTION REQUESTED/PURPOSE:
Approve
disbursements.
The check and wire registers may be viewed on the Clerk's
Website at WWW.LEECLERK.ORG by accessing the BOCC Minutes and Documents
link. (
#20110826-
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 Judah, called and carried with Commissioners Mann
and Bigelow absent.
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D)
ACTION REQUESTED/PURPOSE:
Approve the Minutes for the following meetings of the Board of County Commissioners
held during the week of September 26 through September 30, 2011:
September 27, 2011 (Regular) September 28, 2011 (Comp Plan).
(
#20110827-
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 approval, seconded by Commissioner Judah, called and carried with Commissioners Mann
and Bigelow absent.
E)
ACTION REQUESTED/PURPOSE:
Authorize Chair to accept $87,939.00 in funding from the FY 11
Edward Byrne Memorial
Justice Assistance Grant program.
(
#20110818-
SHERIFF)
FUNDING SOURCE:
Florida Department of Law Enforcement Office Justice Grants via the U.S. Department of
Justice.
WHAT ACTION ACCOMPLISHES:
A portion of the Edward Byrne Memorial Justice Assistance Grant award will be used to
fund a Lee County Sheriff’s Office detective position for its Pharmaceutical Diversion
Unit, and purchase laptop computers for the Lee County Port Authority Police and Sanibel
Police Department.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried with Commissioners Mann
and Bigelow absent.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
No requests received.
ADMINISTRATIVE AGENDA
1. COUNTY ADMINISTRATION
A)
ACTION REQUESTED/PURPOSE:
Approve mediated settlement agreement in the Workers' Compensation case of Buffo,
William v. Lee County, Case No. 10-019152EDS in the amount of $129,810.28 inclusive
of attorney's fees and costs. (
#20110786-
COUNTY MANAGER)
FUNDING SOURCE:
Self-Insurance Loss Fund.
WHAT ACTION ACCOMPLISHES:
Resolves this case prior to trial limiting the County’s exposure.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried with Commissioners Mann
and Bigelow absent.
2. COMMUNITY DEVELOPMENT
No requests received.
3. CONSTRUCTION AND DESIGN
No requests received.
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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
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.
THE 9:30 A.M. AGENDA ITEM WAS HEARD AT THIS TIME. SEE THAT ITEM FOR ACTION TAKEN.
HEARD OUT OF ORDER DURING CEREMONIAL PRESENTATIONS
WALK-ON ITEM NO. 1
Commissioner Hall read and presented a Ceremonial Resolution proclaiming the week of October 10-16, 2011 as 4-H
Week in Lee County. 4-H President Cayla Porter and Vice President Whitney Bogard, along with 4-H Youth
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Development Agent, Cathy Suggs accepted the Resolution and expressed appreciation to the Board for this
recognition. (
#20110836-
Commissioner Hall)
WALK-ON ITEM NO. 2
ACTION REQUESTED/PURPOSE:
Approve and execute
Grant Agreement CM211,
between the
Florida Department of Environmental Protection/National Oceanic and Atmospheric Administration
(FDEP/NOAA) and Lee County, for Caloosahatchee Creeks Preserve Restoration. Authorize county
staff to complete and execute the various documents required under the grant agreement. Approve
budget amendment in the amount of $50,000 and amend the FY 11/12 Capital Improvement
Environmentally Sensitive Land Management budget accordingly.
(
#20110833-
PARKS AND RECREATION)
FUNDING SOURCE:
Fund - Capital Improvement-Environmentally Sensitive Land Management;
Program - Parks and Recreation Operations; Project - FDEP - Conservation 20/20-Caloosahatchee
Creeks Preserve.
WHAT ACTION ACCOMPLISHES:
Provides funding for a portion of Caloosahatchee Creeks
Preserve restoration.
MANAGEMENT RECOMMENDATION:
Approve.
REASON FOR WALK ON:
This is a grant related blue sheet. We were awarded $50,000 in a letter
dated 09/27/11 from FDEP/NOAA for restoration work at Caloosahatchee Creeks Preserve. They are
requesting that the signed agreements are returned to them for their execution within a two week period
of time. Without walking this agenda item on to the 10/11/11 meeting, we would be unable to meet the
required turnaround time.
Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried with Commissioners Mann
and Bigelow absent.
RESOLUTION NO. 11-10-07
HEARD OUT OF ORDER – PRIOR TO WALK-ON ITEM 1
9:30 A.M. AGENDA ITEM –
Public Hearing
1. ACTION REQUESTED/PURPOSE:
Conduct a public hearing to adopt an ordinance amending the Taxicab & Livery Regulatory
Ordinance 11-07. (
#20110797-
PUBLIC RESOURCES)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Amends specific language necessary for Lee County Government to be assigned an "ORI"
by the FBI, in order to request background checks of Taxicab & Livery applicants.
MANAGEMENT RECOMMENDATION:
Approve.
Assistant County Attorney Scott Coovert approved, as to legal form and sufficiency, the
Affidavit of Publication
for
the 9:30 a.m. Agenda Item No. 1; and briefly reviewed the request. The Vice Chairman called for public comment;
however, no one came forward. Commissioner Judah moved approval, seconded by Commissioner Hall, called and
carried, with Commissioners Mann and Bigelow absent. The Ordinance adopted by the Board and filed was
LEE
COUNTY ORDINANCE NO. 11-25 ENTITLED:
AN ORDINANCE AMENDING AND RESTATING LEE COUNTY ORDINANCE
NO. 11-07 KNOWN AS THE LEE COUNTY TAXICAB AND LIVERY
ORDINANCE; PROVIDING FOR TITLE, PURPOSE AND AUTHORITY;
PROVIDING FOR DEFINITIONS; PROHIBITING UNLICENSED VEHICLES FOR
HIRE; PROVIDING FOR CERTIFICATE APPLICATION AND DRIVER
IDENTIFICATION CARD, RENEWAL, AND REVOCATION; REQUIRING
DISPLAY OF STICKER; PROVIDING FOR TRANSFERABILITY OF
CERTIFICATE; PROVIDING FOR MINIMUM INSURANCE REQUIREMENTS
AND PENALTIES; PROVIDING FOR AREAS OF ENFORCEMENT AND MEANS
OF ENFORCEMENT; PROVIDING FOR SEVERABILITY, CONFLICTS OF LAW,
INCLUSION IN CODE, CODIFICATION AND SCRIVENER’S ERRORS, AND AN
EFFECTIVE DATE.
2. ACTION REQUESTED/PURPOSE:
Conduct a public hearing to adopt by Resolution the proposed redistricting of the Lee County
Commission Districts in response to the year 2010 Census population data.
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(
#20110803-
COMMUNITY DEVELOPMENT)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Complies with Florida Constitutional requirement that the Commissioners divide the
county into districts of contiguous territory as nearly equal in population as possible after
each decennial census. Establishes the revised configuration of the County Commission
Districts.
MANAGEMENT RECOMMENDATION:
Approve.
Chief Assistant County Attorney Donna Marie Collins approved, as to legal form and sufficiency, the
Affidavit of
Publication
for the 9:30 a.m. Agenda Item No. 2; and briefly reviewed the request and process. At the request of the
Vice Chairman, Community Development Principal Planner Rick Burris provided opening comments. The Vice
Chairman called for public comment, and the following individuals came forward:
In support of Alternative 6:
Estero Council of Community Leaders representative
Don Eslick
Belle Lago representative
Jane McNew
Belle Lago representative
David Witker
Belle Lago representative
Kathy Kaminski
In support of Deferment and/or Alternative 7:
Lee County NAACP Chapter 5110 representative
Steve Sherman
Lee County NAACP President
James Muwakkil
Democratic Party of Lee County representative and Lehigh Acres resident
Joan Patterson
Democratic Party of Lee County Chair
Sandra McClinton
Dunbar Community representative
Johnny W. Streets, Jr.
Past President of the Lee County Branch of the NAACP
Carletha Griffin
Commissioner Judah recommended deferment to a date certain in November, as there was time for further
consideration, and Commissioner Hall agreed after further discussion and a stated preference for a full board.
Commissioner Hall moved approval to defer this matter to 9:30 a.m. on October 25. Commissioner Judah requested
input by Mr. Burris on his time constraints, and the motion maker amended the date to November 1, 2011, seconded
by Commissioner Judah, called and carried with Commissioners Mann and Bigelow absent.
COMMISSIONER ITEMS
SUSTAINABILITY – Commissioner Hall recognized Tessa LeSage on receiving the Trailblazer award
from the Urban Land Institute; and receipt of the Impact Award to the collaborative Bicycle and Pedestrian Initiative.
Interim Transportation Director Dave Loveland also recognized the outstanding work of Andy Getch in both of these
efforts as well. Commissioner Judah added his congratulations to a great staff.
LEE TRAN LinC ROUTE - Commissioner Judah recognized Steve Myers and Carmen Monroy on a
successful start-up of a new transportation service connecting Lee and Collier Counties between Merchants Crossing
in North Fort Myers along U.S. 41 to Bonita Beach Road.
SURPLUS LANDS UPDATE – Commissioner Judah confirmed with the County Manager that an
update would be provided at the next Board meeting of October 18.
COMMITTEE APPOINTMENTS
Commissioner Hall moved to appoint Donald Mayne to the
BICYCLE/PEDESTRIAN
COMMITTEE,
Dana Pierce to the
HISPANIC AFFAIRS ADVISORY COMMITTEE
(
RESOLUTION NO. 11-
10-08)
,
and Randy Mercer to the
CONSERVATION LAND ACQUISITION STEWARDSHIP COMMITTEE.
The motion was seconded by Commissioner Judah, called and carried, with Commissioners Mann and Bigelow
absent.
COUNTY MANAGER ITEMS
Assistant County Manager Pete Winton referenced a Memorandum provided the Board requesting
approval to adjust millage rates in accordance with valuation changes on certain Lee County Streetlighting Districts.
Commissioner Judah moved approval of the request, seconded by Commissioner Hall, called and carried with
Commissioners Mann and Bigelow absent.
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COUNTY ATTORNEY ITEMS
County Attorney Michael D. Hunt provided a
summary
of a previous request by the Board for an
analysis of any potential basis for a challenge of the Community Planning Act by the County. Mr. Hunt responded to
Board questions. There was Board consensus that Vice Chairman Manning would raise the issue during an October
20 Select Growth Management Committee conference call and report back to the Board.
County Attorney Michael D. Hunt noticed receipt of a Request for Relief on behalf of the owners of the
project known as the Mullock Creek Marina based on a zoning case. Chief Assistant County Attorney Donna Marie
Collins provided clarification that this was intended to be a reminder only.
forward.
The Vice Chairman called for Public Presentation of Matters by Citizens; however, no one came
The Vice Chairman adjourned the meeting at 10:37 am
ATTEST:
CHARLIE GREEN, CLERK
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Deputy Clerk
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Chairman, Lee County Commission
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