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APRIL 24, 2012
The
Regular Meeting
of the
Board of Lee County Commissioners
was held on this date with the
following Commissioners present:
John Manning, Chairman
A. Brian Bigelow, Vice-Chairman (arrived at 9:36 a.m.)
Ray Judah
Tammara Hall
Frank B. Mann
The Chairman called the meeting to order at 9:30 a.m. The Invocation was given by Pastor Wes Olds,
Grace United Methodist Church of Cape Coral, followed by the Pledge of Allegiance to the flag.
PRESENTATIONS
CHAIRMAN MANNING REQUESTED THAT CARRY-OVER ITEM NO 2 WOULD BE TAKEN AS THE FIRST
CEREMONIAL PRESENTATION. SEE THAT ITEM FOR ACTION TAKEN.
Commissioner Bigelow arrived immediately following the Presentation of Carry-over Item No. 2.
Commissioner Judah read and presented a Ceremonial Resolution celebrating April 25, 2012 as Fort
Myers Kiwanis Club 90
th
Anniversary, and honoring all the volunteers who dedicate their time, energy and resources
to help young children and to give to our community. Fort Myers Kiwanis President Nathan Shaw accepted the
Resolution, and thanked the Board. (
#20120352-
Commissioner Judah)
Commissioner Judah read and presented a Ceremonial Resolution recognizing Florida Gulf Coast
University (FGCU) Ice Hockey Club for their commitment to the sport of ice hockey, and also thanked the entire
student body, parents, team and coaches of Florida Gulf Coast University for bringing this American Collegiate
Hockey Association (ACHA) National Championship to Lee County. FGCU Hockey Coach Bob Brinkworth
accepted the Resolution and thanked the Board. (
#20120354-
Commissioner Judah)
Commissioner Hall read and presented a Ceremonial Resolution recognizing Lee County Parks and
Recreation Department staff and the Public Works Department staff for their achievements in the construction of the
new Crescent Beach Family Park, and extended grateful appreciation for the hard work and dedication shown towards
the community of Lee County. Lee County Parks and Recreation Director Barbara Manzo accepted the Resolution,
and thanked the Board. (
#20120357-
Commissioner Hall)
The Length of Service Awards for the 1st Quarter of 2012 were presented by Human Resources (HR)
Coordinator Stephanie Figueroa, assisted by HR Employee Relations Generalist Elaine Schultz. See the Agenda
back-up material for a listing of the employees recognized. (
#20120355-
Human Resources)
ANNOUNCEMENTS
Referring to the
Agenda Recap Sheet
dated April 24, 2012, the Chairman announced that:
Additional backup materials were received for Administrative Agenda Items 4(a) and 7(a).
The remaining two (2) Carry over items would be taken at the appropriate time.
9:30 A.M. AGENDA ITEM
- Public Comment on Agenda Items
Consent (C) and Administrative (A)
The Chairman called for public comment, and the following citizens came forward:
A14(a) & A14(b) – Bonita Springs resident
Roy Hyman
A4(a) – North Fort Myers resident
Steve Brodkin
A1(a) – National Swim Center Corporation representative
John Albion
C6(a) & C6(b) – Rotary Association representative
Stephanie Keyes
The following are the Consent Agenda items that each Board member wished to have discussed:
Commissioner Manning - None
Commissioner Bigelow – 6(a), 6(b), 8(a)
Commissioner Judah - None
Commissioner Hall - None
Commissioner Mann - None
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--------------------------
CONSENT AGENDA
1. COUNTY ADMINISTRATION
No requests received.
2. COMMUNITY DEVELOPMENT
No requests received.
3. CONSTRUCTION AND DESIGN
A)
ACTION REQUESTED/PURPOSE:
1) Approve Supplemental
Task Authorization No. 7,
Contract No. 5445, to JOHNSON
ENGINEERING, INC., under CN-10-08 MISCELLANEOUS PROFESSIONAL
SERVICES for the project known as Lee County Sports Complex Temporary Parking, in
the amount of $4,600.00.
2) Authorize Chair on behalf of the Board to execute the Supplemental Task
Authorization. (
#20120306-
CONSTRUCTION AND DESIGN)
FUNDING SOURCE:
Fund - Capital Improvement - Stadiums R&R Fund; Program - Capital Project; Project -
Twins Spring Training Facility Improvements.
WHAT ACTION ACCOMPLISHES:
Provides the County with Professional Services pertaining to design, permitting and
construction administration for Lee County Sports Complex Temporary Parking.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
4. COUNTY COMMISSIONERS
No requests received.
5. COUNTY LANDS
No requests received.
6. HUMAN SERVICES
A)
ACTION REQUESTED/PURPOSE:
Approve Program
Substantial Amendment to the Lee County 2011 Annual Action Plan
for
United States Department of Housing and Urban Development (HUD) Community
Development Block Grant (CDBG) and Emergency Solutions Grant (ESG) programs; and
(2) Authorize Board Chair to sign documents related to said Amendments; and (3) Approve
budget amendment resolution to add $53,227 of ESG funds to the General Fund.
(
#20120294-
HUMAN SERVICES)
FUNDING SOURCE:
United States Department of Housing and Urban Development Entitlement Grants.
WHAT ACTION ACCOMPLISHES:
Allows transfer/reallocation of CDBG funds to prioritized activities and the receipt of a
second allocation of ESG funding per HUD requirements.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
Following brief explanation by Human Services Director Ann Arnall, Commissioner Bigelow moved approval,
seconded by Commissioner Judah, called and carried.
RESOLUTION NO. 12-04-09
B)
ACTION REQUESTED/PURPOSE:
Approve
Amendment #4 to Contract #4986
with Home Ownership Resource Center of Lee
County, Inc., a nonprofit agency, to add $104,650 to the contract, increase the total number
of home purchasers from 60 to 83 (with companion increases in the number of units in
contract activities 2 through 5), and extend the contract from June 30, 2012 until
-----------------------------------------
----APPROVED MINUTES OF 042412R------------------------------------
--------------------------
September 30, 2012. This contract is funded through the Neighborhood Stabilization
Program (NSP) for the Homebuyer Readiness Program component. (
#20120295-
HUMAN
SERVICES)
FUNDING SOURCE:
Community Development Block Grant (CDBG) U.S. Department of Housing and Urban
Development/Neighborhood Stabilization Program (NSP) - Title III of Division B of the
Housing and Economic Recovery Act of 2008(HERA) and Dodd-Frank Wall Street
Reform and Consumer Protection Act.
WHAT ACTION ACCOMPLISHES:
Allows the Lee County Department of Human Services to execute Contract Amendment
#4 with the Home Ownership Resource Center of Lee County, Inc. so that the agency can
continue to facilitate the Homebuyer Readiness Program, a critical component and
requirement of Lee County's Neighborhood Stabilization Programs.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
Human Services Director Ann Arnall provided an overview and update on the Neighborhood Stabilization Program
(NSP). Commissioner Judah moved approval, seconded by Commissioner Hall. Brief Board discussion ensued with
Ms. Arnall responding to Board questions. The motion was called and carried, with Commissioner Bigelow voting
nay.
C)
ACTION REQUESTED/PURPOSE:
Approve and sign a contract modification between Lee County Board of County
Commissioners and
Florida's Department of Economic Opportunity
(formerly the
Department of Community Affairs) for Lee County to receive an additional $178,613 in
Community Services Block Grant (CSBG) funds. This grant requires a 2% cash match of
$3,573. Approve a budget resolution to add $178,613 of Community Services Block Grant
funds to the FY11-12 budget. (
#20120297-
HUMAN SERVICES)
FUNDING SOURCE:
Florida Department of Economic Opportunity and Lee County General Fund (required
match)
WHAT ACTION ACCOMPLISHES:
Increases the available program funds from $156,585 to $335,198. Allows the Lee County
Department of Human Services to dedicate additional funding for emergency rent and
utility assistance for approximately 200 households and rapid re-housing for 8 homeless
families and children. To qualify the household must have income levels below 125% of
the Federal Poverty Level.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
RESOLUTION NO. 12-04-10
7. INDEPENDENT
A)
ACTION REQUESTED/PURPOSE:
(1) Rescind approval to piggyback the State of Florida’s Proposal #4-973-120-W for
Procurement Card Service that was Board approved on 4/7/98.
(2) Approve Project # PB120195, to allow utilization (piggyback) of Hillsborough
County’s RFP No. S-0001-09(JSW), which has gone through their competitive bidding
process, for Purchasing Card Program Services through Bank of America.
(3) Approve the piggybacking and use of the Hillsborough County RFP for its full term,
which is through August 16, 2014, along with any renewal periods obtained by
Hillsborough County from the awarded vendor (Bank of America).
(4) Authorize the Board Chairman on behalf of the BOCC to execute and sign the attached
“Linking Authorization Contract”
as well as all other documents required to effectuate the
piggybacking approval. (
#20120286-
PROCUREMENT MANAGEMENT)
FUNDING SOURCE:
None Required.
WHAT ACTION ACCOMPLISHES:
Allows the County an opportunity to substantially increase the monetary rebate (see
Background) on its annual credit card spending; thus increasing a source of revenue.
MANAGEMENT RECOMMENDATION:
Approve.
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----APPROVED MINUTES OF 042412R------------------------------------
--------------------------
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Approve Professional Services Agreement for project CN-12-01 LEE TRAN
PASSENGER AMENITIES AND BUS ROUTE INFRASTRUCTURE
IMPROVEMENTS, to
Atkins North America, Inc.
A Supplemental Task Authorization
shall be issued per location, with an initial contract period of two (2) years, with three (3)
one-year renewal options. (
#20120283-
TRANSIT)
FUNDING SOURCE:
Funds - Capital Improvement Fund and Transit Capital Grant Fund; Program - Capital
Improvement Program; Project - Transit Passenger Amenities.
WHAT ACTION ACCOMPLISHES:
Provides a Consultant for bus shelter site design and bus route infrastructure improvement
design to meet ADA Compliancy, traffic lane modifications and/or drainage
improvements, route terminus points, concrete pads, benches, and shelters within the right-
of-way or easement for buses to unload and pick up passengers. The work shall include
performing engineering analysis, survey, site distance evaluation, checking adequate
stopping distance, drainage conveyance; verification of availability of easements prior to
design and survey, and meeting state and federal guidelines along with the preliminary and
final design, assistance in obtaining permits and preparation of documents, engineer
signing, sealing and certification of bus stop locations and route infrastructure
improvements.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
C)
ACTION REQUESTED/PURPOSE:
Approve acceptance and expenditure authority for the following monetary donations: $100
from Luree Nelson, $50 from Sara Jones-Amrein, $100 from Betty Board, $50 from
Norma J. Gilbert/Linda L. Cromwell/David P. Gilbert, $25 from Seanne Heffernan, and
$25 from John and Gloria Fassett–all in memory of John S. Teschner, Sr. for Lakes
Regional Library. Authorize acceptance of 15,000 pencils from the Miami Dolphins for
the summer reading program valued at $2,400. Authorize acceptance of two direct pay to
vendor donations from the Friends of the South County Regional Library: a floor
microphone stand from the Friends of the South County Library valued at $41 and a $250
bookcase for Friends book sales. Adopt a budget amendment resolution totaling $350.
(
#20120307-
LIBRARY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Authorizes acceptance of monetary and non-monetary donations and expenditure of funds
pursuant to donors’ requests. Appropriates budget accordingly.
MANAGEMENT RECOMMENDATION:
Approval.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
RESOLUTION NO. 12-04-11
8. NATURAL RESOURCES/SOLID WASTE
A)
ACTION REQUESTED/PURPOSE:
A) Award RFP-12-04 DISASTER RECOVERY SERVICES FOR LEE COUNTY, to the
proposers whose proposals were evaluated by the Evaluation Committee as being in the
best interest of Lee County:
DRC Emergency Services, LLC; Byrd Brothers Emergency
Services, LLC;
and
Crowder Gulf Joint Venture, Inc.
for the fees stipulated in the
proposals received in response to RFP12-04, with an initial contract period of five (5)
years and the option of one (1) one (1) year renewal period.
B) Authorize Chair on behalf of the Board to execute the Agreement for Management
upon receipt. (
#20120285-
SOLID WASTE)
FUNDING SOURCE:
Fund: Solid Waste; Programs: Disposal Facilities.
WHAT ACTION ACCOMPLISHES:
The purpose of this proposal is to establish those firms that will provide disaster recovery
services as may be required through at 2017.
MANAGEMENT RECOMMENDATION:
-----------------------------------------
----APPROVED MINUTES OF 042412R------------------------------------
--------------------------
Approve.
PULLED FOR DISCUSSION
Commissioner Bigelow expressed his longstanding disagreement with the structure of the selection/evaluation
committee process; however, he noted some positive changes. Commissioner Judah moved approval, seconded by
Commissioner Hall, called and carried with Commissioner Bigelow voting nay.
B)
ACTION REQUESTED/PURPOSE:
Approve an additional Environmental Technician position for the Solid Waste Division for
its Household Chemical Waste (HCW) Disposal Facility. (
#20120314-
SOLID WASTE)
FUNDING SOURCE:
Solid Waste System Ops - Disposal Facilities.
WHAT ACTION ACCOMPLISHES:
Provides an additional technician to conduct the HCW program.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
9. PARKS AND RECREATION
No requests received.
10. PUBLIC SAFETY
A)
ACTION REQUESTED/PURPOSE:
Authorize Chair to Sign and Approve an Agreement between Lee County and
Diocese of
Venice (Our Lady of the Miraculous Medal Catholic Church,
12175 Stringfellow Road,
Bokeelia, FL 33992) for temporary use of their property (parking lot) for the distribution of
life sustaining commodities (water, ice, and ready to eat meals). The term is for a period of
five (5) years with the option for the Parties to mutually renew same for an additional five
(5) years. (
#20120304-
PUBLICSAFETY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Authorizes Lee County temporary use of Our Lady of Miraculous Medal Catholic Church
parking lot for emergency relief and recovery efforts.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
11. PUBLIC WORKS ADMINISTRATION
No requests received.
12. TRANSPORTATION
A)
ACTION REQUESTED/PURPOSE:
1) Award B-12-09 COUNTY-WIDE RESURFACING ROADWAY IMPROVEMENTS to
the lowest responsive, responsible bidder meeting all bid requirements,
C.W. Roberts
Contracting, Inc., (a local contractor)
in the not-to-exceed amount of $1,262,860.00, with a
project completion time of 180 calendar days.
2) Authorize Chair to execute agreement on behalf of the Board upon receipt.
3) In the event that the awarded contractor is unable to fully comply with the requirements
of the solicitation, request the Procurement Director be given authority to act on behalf of
the Board in the event of non-compliance so that the Procurement Director can proceed to
the next qualified contractor(s). (
#20120293-
TRANSPORTATION)
FUNDING SOURCE:
Fund – Transportation Capital Improvement; Program – Major Maintenance; Project –
Road Resurfacing / Rebuild.
WHAT ACTION ACCOMPLISHES:
Provides a Contractor for the resurfacing and/or rebuilding of 105 roadways at various
locations within Lee County.
MANAGEMENT RECOMMENDATION:
Approve.
-----------------------------------------
----APPROVED MINUTES OF 042412R------------------------------------
--------------------------
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
13. UTILITIES
No requests received.
14. COUNTY ATTORNEY
A)
ACTION REQUESTED/PURPOSE:
Approve and execute an Access License Agreement between FPL Fibernet and Lee
County allowing the installation and maintenance of cable-optic fiber across and within the
Lee County Sports Complex
property. (
#20120324-
COUNTY ATTORNEY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Allows FPL Fibernet to install and maintain fiber-optic cable across and within County
property in order to serve the County’s cellular communications tower located within the
Sports Complex.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Approve and execute an Access License Agreement between FPL Fibernet and Lee
County allowing the installation and maintenance of cable-optic fiber across and within the
Florida Gulf Coast University (FGCU)
cellular tower site area. (
#20120326-
COUNTY
ATTORNEY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Allows FPL Fibernet to install and maintain fiber-optic cable in order to serve the
County’s cellular communications tower located on and within the FGCU property that is
subject to the Interlocal Agreement between the County and the University.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
C)
ACTION REQUESTED/PURPOSE:
Approve and execute an Access License Agreement between FPL Fibernet and Lee
County allowing the installation and maintenance of cable-optic fiber across and within
Lakes Regional Park.
(
#20120327-
COUNTY ATTORNEY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Allows FPL Fibernet to install and maintain fiber-optic cable across and within Lakes
Regional Park in order to serve the cellular communications tower located within Lakes
Park.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
15. HEARING EXAMINER
No requests received.
16. CONSTITUTIONAL OFFICERS
A)
ACTION REQUESTED/PURPOSE:
Authorize Lee County Sheriff’s Office (LCSO) to submit an application, and if
awarded, receive funds on behalf of Lee County from Operation Stonegarden in the
amount of $752,407.44. (
#20120322-
SHERIFF)
FUNDING SOURCE:
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----APPROVED MINUTES OF 042412R------------------------------------
--------------------------
The U.S. Department of Homeland Security.
WHAT ACTION ACCOMPLISHES:
Authorize Lee County Sheriff’s Office (LCSO) to submit application, and if awarded,
receive funds on behalf of Lee County from the U.S. Department of Homeland Security
for Operation Stonegarden. Funding is intended to enhance cooperation and
coordination among local, tribal, territorial, state and federal law enforcement agencies
in a joint mission to secure the U.S. borders along routes of ingress from international
borders.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
B)
ACTION REQUESTED/PURPOSE:
The Lee County Sheriff’s Office requests BoCC approval to submit, and if awarded, accept
the $99,488 in funding through the Bureau of Justice Assistance FY12 Edward Byrne
Memorial Justice Assistance Grant (JAG) Program. (
#20120325-
SHERIFF)
FUNDING SOURCE:
Bureau of Justice Assistance
WHAT ACTION ACCOMPLISHES:
Applicants are limited to local units of government. Approval of request will authorize the
LCSO to apply for funding to purchase equipment for disaster recovery at LCSO
headquarters to ensure that critical data is not lost or compromised.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
C)
ACTION REQUESTED/PURPOSE:
Approve disbursement of excess funds resulting from the sale of tax deeds to the claimants
verified and certified under Florida Statutes 197.582.
Tax Deed
Number
2010-000705
2011-000270
2010-002499
2010-001741
2010-001616
2010-001438
2010-001438
2010-001438
2010-001438
2010-001438
2010-001438
2010-000719
2010-000709
2010-000592
2010-000493
2009-005909
2009-000357
2009-000352
2008-003487
2004-003632
2009-005653
2010-000599
2010-000688
2011-000271
2010-001494
2010-000803
Payee
Lehigh 34 LLC
Derek Runion
Hector and Lurline Gilzene
Jasmatt, Inc.
Icylin Thomas
Gerald T. Payne
Jerome Payne
Virginia Charlene Centeno
Lisa O’Malley
Margaret Lynn Bowers
Christopher S. Payne
Lehigh 34 LLC
Lehigh 34 LLC
David Parsons
Felix Llamido
Cape Coral Housing Development Corporation
Home Servicing, LLC
Shirley Lucas
JP Morgan Chase Bank, N.A.
Estate of Robert Thomas
AMP Holdings LLC
B Audrey LaRocca
Premier American Bank, N.A.
Jasmatt, Inc
Micman Investment, LLC
Janice Kay Ryals POA for Michael Lee McLeod
Amount
$542.91
$423.22
$356.32
$168.28
$25.17
$1,269.54
$1,269.54
$317.39
$317.39
$317.39
$317.39
$1,143.15
$1,049.58
$12,443.79
$24,580.79
$21,242.69
$9,107.92
$15,861.23
$32,825.40
$7,177.38
$4,885.41
$755.11
$476.04
$961.01
$1,034.75
$29,036.35
(
#20120345-
DELINQUENT TAX)
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----APPROVED MINUTES OF 042412R------------------------------------
--------------------------
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 Mann, called and carried.
D)
ACTION REQUESTED/PURPOSE:
Approve the Minutes for the following meetings of the Board of County Commissioners
held during the week of April 9 thru April 13, 2012.
April 10, 2012 (Regular).
(
#20120346-
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 Mann, called and carried.
E)
ACTION REQUESTED/PURPOSE:
Request Board approves
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. (
#20120347-
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 Mann, called and carried.
F)
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). (
#20120349-
FINANCE)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
To provide interim reporting on selected funds, revenues, and expenditures of the Lee
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
value of the investments managed by the Clerk’s Office, the Lee County Ordinance 02-28
activity for the Driver’s Education Safety Trust Fund, and Chapter 318.18(13)(a), Florida
Statues and Lee County Ordinance 04-09 activity for the State Court Facilities Funds
Collected.
MANAGEMENT RECOMMENDATION:
The purpose of this report is to convey to you the financial status of selected significant
funds of the Lee County Board of County Commissioners, the status of specific 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.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
No requests received.
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----APPROVED MINUTES OF 042412R------------------------------------
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ADMINISTRATIVE AGENDA
1. COUNTY ADMINISTRATION
A)
ACTION REQUESTED/PURPOSE:
Decline Edge Group Holdings’ proposal dated February 27, 2012 ("Adaptive Re-Use of
the City of Palms Park Stadium"), proposing to convert City of Palms Park into an aquatic,
sports and entertainment center. (
#20120348-
COUNTY MANAGER)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Allows staff to concentrate limited resources on determining the feasibility of attracting
one or more baseball related tenants to City of Palms Park.
MANAGEMENT RECOMMENDATION:
Decline Edge Group Holdings’ proposal.
At the request of Commissioner Judah, Economic Development Director Jim Moore provided further clarification of
the item. Following brief Board discussion, Commissioner Mann moved approval to decline, seconded by
Commissioner Hall for discussion. The motion was called and carried, with Commissioners Judah and Bigelow
voting nay.
2. COMMUNITY DEVELOPMENT
No requests received.
3. CONSTRUCTION AND DESIGN
No requests received.
4. COUNTY COMMISSIONERS
A)
ACTION REQUESTED/PURPOSE:
Approve amendments to the Board of County Commissioners/County Manager
Relationship, Administrative Code 1-9.
(#20120316-
COMMISSIONER MANNING)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Defines the working relationship between the Board of County Commissioners and the
County Manager.
MANAGEMENT RECOMMENDATION:
Approve.
Chairman Manning provided an overview of the requested amendment to Administrative Code 1-9. Lengthy Board
discussion ensued with the Chairman recommending deferral of this item for a week. After County Attorney Michael
Hunt pointed out that he could not be present, the consensus was to defer the request for three (3) weeks.
Commissioner Mann moved approval, seconded by Commissioner Hall, called and carried with Commissioners Judah
and Bigelow voting nay.
5. COUNTY LANDS
No requests received.
6. HUMAN SERVICES
No requests received.
7. INDEPENDENT
A)
ACTION REQUESTED/PURPOSE:
Approve Waiver of the formal quotation procedure and accept informal Quotation No.:
IT120239 to allow Facilities Services to purchase Replacement chiller Coils for the Ortiz
Avenue Detention Center from DebonAir Mechanical Inc (a local vendor) at grand total
cost of $121,362.00. (
#20120308-
FACILITIES SERVICES)
FUNDING SOURCE:
Fund-General Fund, Program-Capital and Major Maintenance, Project-Sheriff Building
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----APPROVED MINUTES OF 042412R------------------------------------
--------------------------
Improvements.
WHAT ACTION ACCOMPLISHES:
Grants permission to proceed based upon the lowest responsive informal quote obtained by
Facilities Services; and allows Facilities Services to replace the existing deteriorated coils
that in all likelihood will not make it through another summer season.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried.
B)
ACTION REQUESTED/PURPOSE:
(A) Approve Waiver # W-120229 to waive the formal quoting procedure for the purchase
of HVAC parts and supplies, by Facilities Services and other County
departments/Divisions i.e. Utilities, Parks) responsible for HVAC maintenance, installation
and repair, to allow purchase of HVAC parts and supplies best suited to the job from the
closest vendor with the lowest price.
(B) Request approval of total annual expenditures with a “Not to Exceed” amount of
$500,000. (
#20120309-
PROCUREMENT MANAGEMENT)
FUNDING SOURCE:
Multiple.
WHAT ACTION ACCOMPLISHES:
Allows Facilities Services and various other departments to purchase HVAC parts and
supplies in timely and efficient manner to maintain critical comfort levels in County
buildings.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Hall. Following response from Facilities
Management Director Rich Beck to Commissioner Bigelow’s inquiries, the motion was called and carried with
Commissioner Bigelow voting nay.
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 appeal to the Florida Second District Court of Appeals in the case of Lee County
v. Colico, LLC, et al., Case No. 05CA-4770. (
#20120282-
COUNTY ATTORNEY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Authorizes appeal.
MANAGEMENT RECOMMENDATION:
Approve.
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Commissioner Judah moved approval for discussion. Assistant County Attorney Jack Peterson provided a summary
and update of the case. County Attorney Michael Hunt responded to Commissioner Bigelow’s questions.
Commissioner Mann seconded the motion. Following brief Board discussion, the motion was called and carried.
B)
ACTION REQUESTED/PURPOSE:
Authorize funding in the amount of $75,000 to defend LPH, LLC and Buckingham
Village, LLC v. Lee County, Case No. 07-CA-3142 consolidated with Case No. 08-CA-
12823 which resulted from the Boards zoning decisions and adoption of the
Comprehensive Plan Amendment related to the Buckingham Planning Community.
Approve
budget transfer
from Unincorporated MSTU reserves in the amount of $75,000 to
cover the estimated costs of expert witness fees. (
#20120328-
COUNTY ATTORNEY)
FUNDING SOURCE:
Fund: Unincorporated MSTU; Program; Non-departmental; Project: LPH/Buckingham
Village
WHAT ACTION ACCOMPLISHES:
Provides funding for defense of the case.
MANAGEMENT RECOMMENDATION:
Authorize the funds requested for trial experts.
Assistant County Attorney Susan Henderson provided the history of the case. Commissioner Judah moved approval,
seconded by Commissioner Hall, called and carried.
15. HEARING EXAMINER
No requests received.
16. CONSTITUTIONAL OFFICERS
No requests received.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
No requests received.
9:30 A.M. AGENDA ITEMS –
Public Hearing
1. ACTION REQUESTED/PURPOSE:
Conduct a Public Hearing to adopt a Resolution on a Petition to Vacate portions of the
unimproved right-of-way for East Jamestown Circle as shown on the plat of subdivision
for Colonial Acres, Unit Two located in North Fort Myers, Florida. (Case No. VAC2010-
00016). (
#20101063-
COMMUNITY DEVELOPMENT)
FUNDING SOURCE:
No funding required.
WHAT ACTION ACCOMPLISHES:
Extinguishes the public interest in a portion of the right-of-way for East Jamestown Circle
to facilitate further development of adjacent parcels under unified control. The road right-
of-way to be vacated is unimproved and does not provide access to any parcels not owned
by the petitioners. The partial vacation of this right-of-way will not alter existing drainage
and utility conditions and the right-of-way is not necessary to accommodate any future
drainage and/or utility requirements.
MANAGEMENT RECOMMENDATION:
Approval.
Assistant County Attorney Susan Henderson approved as to legal form and sufficiency, the
Affidavit of Publication
and the
Affidavit of Posting
for the 9:30 a.m. Agenda Item No. 1; and briefly reviewed this request. Commissioner
Judah moved approval, seconded by Commissioner Hall. The Chairman called for public input; however, no one
came forward. The motion was called and carried.
RESOLUTION NO. 12-04-12
2. ACTION REQUESTED/PURPOSE:
Conduct public hearing to amend the Lee County Personal Watercraft Rental Vendor and
Parasailing License Ordinance in Board Chambers on April 24, 2012 at 9:30 a.m. or as
soon thereafter as may be heard. (
#20120301-
COUNTY ATTORNEY)
FUNDING SOURCE:
N/A
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WHAT ACTION ACCOMPLISHES:
Satisfies statutory requirement to hold a public hearing to adopt an ordinance.
MANAGEMENT RECOMMENDATION:
Conduct public hearing.
Assistant County Attorney Susan Henderson approved as to legal form and sufficiency, the
Affidavit of Publication
and briefly described the request. Community Development Chief Building Officer Bob Stewart responded to
Commissioner Mann’s question. The Chairman called for public comment; and the following citizens came forward:
Best Boat Rentals representative
Jimi Batchelor
Fort Myers resident
Bill Perry
Destination Watersports representative
Dave Sutton
Attorney Henderson and Mr. Stewart responded to the issues raised by the speakers. Commissioner Hall moved
approval, seconded by Commissioner Bigelow. Following comments by Commissioner Judah, the motion was called
and carried, with Commissioners Judah and Mann voting nay. The Ordinance adopted by the Board and filed was
LEE COUNTY ORDINANCE NO. 12-08, ENTITLED:
AN ORDINANCE AMENDING LEE COUNTY ORDINANCE NO. 95-013,WHICH IS
THE PERSONAL WATERCRAFT RENTAL VENDOR AND PARASAILING
LICENSE ORDINANCE; AMENDING THE CONDITIONS OF PERSONAL
WATERCRAFT VEHICLE USE OR PARASAILING ACTIVITY, SECTION TWO,
PURPOSE AND AUTHORITY, SUBSECTION B. TO CLARIFY AND DESIGNATE
CERTAIN ALLOWED BACK BAY OPERATIONS; SECTION NINE, CONDITIONS
OF PWVL USE OR PARASAILING ACTIVITY, SUBSECTION A.2., TO INCLUDE
CERTAIN AREAS; PROVIDING FOR SEVERABILITY, CONFLICTS OF LAW,
INCLUSION IN CODE, CODIFICATION AND SCRIVENER'S ERRORS, AND AN
EFFECTIVE DATE
.
Commissioner Bigelow left the meeting immediately following the 9:30 AM Public Hearing 2.
3. ACTION REQUESTED/PURPOSE:
Conduct public hearing to amend the Lee County Vessel Control and Water Safety
Ordinance in Board Chambers on April 24, 2012 at 9:30 a.m. or as soon thereafter as may
be heard. (
#20120305-
COUNTY ATTORNEY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Satisfies statutory requirement to hold a public hearing to adopt an ordinance.
MANAGEMENT RECOMMENDATION:
Conduct public hearing.
Assistant County Attorney Susan Henderson approved as to legal form and sufficiency, the
Affidavit of Publication
and briefly described the request. The Chairman called for public comment; however, no one came forward.
Commissioner Hall moved approval, seconded by Commissioner Manning for discussion. The motion was called and
carried, with Commissioner Judah dissenting and Commissioner Bigelow absent. The Ordinance adopted by the
Board and filed was
LEE COUNTY ORDINANCE NO. 12-09, ENTITLED:
AN ORDINANCE AMENDING LEE COUNTY ORDINANCE NO. 08-014, WHICH IS
THE LEE COUNTY VESSEL CONTROL AND WATER SAFETY ORDINANCE,
RELATING TO VESSEL CONTROL AND WATER SAFETY; AMENDING
SECTION THREE, DEFINITIONS, SUBSECTION B., BEACH, TO INCLUDE
CERTAIN BEACH AREAS; PROVIDING FOR SEVERABILITY, CONFLICTS OF
LAW, INCLUSION IN CODE, CODIFICATION AND SCRIVENER'S ERRORS, AND
AN EFFECTIVE DATE.
CARRY OVER ITEMS
1. ACTION REQUESTED/PURPOSE:
Authorize: (A) approval of the
purchase of Parcel 163-3,
Conservation 20/20 Land
Acquisition Program, Project No. 8800, further identified as STRAP Nos. 28-43-27-00-
00023.0000 and 33-43-27-00-00001.0000, consisting of approximately 309.09 acres,
located on Goggin Road in the Alva area in East Lee County, in the amount of
$1,745,850.00; (B) the Chairman on behalf of the Board of County Commissioners to
execute all documents necessary for closing; (C) payment of necessary costs and fees to
close; and (D) the Division of County Lands to handle and accept all documentation
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--------------------------
necessary to complete this transaction. (
#20120144-
COUNTY LANDS)
FUNDING SOURCE:
Fund–Conservation 20/20 Capital Improvement Fund; Program–Capital Project; Project:
Conservation 20/20, Land Purchase.
WHAT ACTION ACCOMPLISHES:
The acquisition of one of the properties recommended by the Conservation Land
Acquisition and Stewardship Advisory Committee.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Hall. The Chairman called for public input, and
the following citizen came forward:
Wayne G. Russell
representing Nomination 163-3
Following comments by Commissioners Mann and Judah, the motion was called and carried with Commissioner
Bigelow absent.
2. ACTION REQUESTED/PURPOSE:
Ceremonial presentation recognizing the Rotary Club 90
th
Birthday.
(
#20120319-
Commissioner Mann).
CARRY OVER ITEM NO. 2 WAS HEARD DURING THE CEREMONIAL PRESENTATIONS PORTION OF
THE MEETING.
Commissioner Mann read and presented a Ceremonial Resolution recognizing the Rotary Club’s 90
th
Birthday, and
officially say thank you for the many achievements for the betterment of mankind and our local community, offering a
very happy Club birthday to all members, past and present, and further, wish the Rotary Club of Fort Myers continued
success in the years ahead. Rotary Club of Fort Myers President Robert Sheehan accepted the Resolution, and
thanked the Board.
3. ACTION REQUESTED/PURPOSE:
Appoint two members of the Board of County Commissioners and one citizen
representative to serve on the 2012 Value Adjustment Board (VAB). The organizational
meeting of the VAB will be held on a date yet to be determined. (
#20120312-
MINUTES)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Provides a citizen representative for the 2012 Value Adjustment Board, and identifies the
two Board of County Commissioners representatives for the VAB as required by Florida
Statute §194.015.
MANAGEMENT RECOMMENDATION:
Approve.
REASON FOR CARRY OVER:
Appointment of citizen member deferred for one week by the Board on April 17, 2012.
Commissioner Judah moved to appoint Commissioners Manning and Mann to the 2012 Value Adjustment Board,
with Commissioner Hall noting that citizen member Alan Garges had confirmed he wished to continue to serve on the
Value Adjustment Board, Commissioner Hall seconded the motion, and the motion was called and carried with
Commissioner Bigelow absent.
COMMISSIONER ITEMS
HANCOCK BRIDGE PARKWAY – Commissioner Hall stated that she had received an email from a
citizen who expressed concern with the large number of banners on Hancock Bridge Parkway. She requested that
Code Enforcement Director Bob Stewart review the issue and bring it back to the Board.
FULL TRAFFIC LIGHT – Commissioner Hall noted an accident at North East 3
rd
Terrace near Del
Prado, noted the request for a full traffic light, and suggested bringing this back on a Blue Sheet in two weeks.
KUDOS TO LEE COUNTY SOLID WASTE DEPARTMENT – Commissioner Judah reported that the
Solid Waste Department held an open house to celebrate Earth Day with an estimated 500 people in attendance.
COMMITTEE APPOINTMENTS
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--------------------------
Chairman Manning requested a motion to appoint Charles Stark, Jr. to the
GASPARILLA ISLAND
MSBU COMMITTEE,
re-appoint Patricia Agger and Kathleen Rooker to the
PARKS AND RECREATION
ADVISORY COMMITTEE,
and re-appoint Terry E. Ashby and Lee McCall to the
CHERRY/BLUEBERRY
IMPROVEMENT UNIT.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and
carried, with Commissioner Bigelow absent.
Commissioner Judah moved to appoint Timothy Fernandez to the
CONSTRUCTION BOARD OF
ADJUSTMENTS AND APPEALS COMMITTEE,
re-appoint Lou Fiore, Marianne Goncher, Gary Medenwald,
Steven Diepenbrock, and appoint Brian Burgess to the
ANCHORAGE WAY/INTRACOASTAL O & M MSBU,
seconded by Commissioner Mann, called and carried, with Commissioner Bigelow absent.
Commissioner Hall moved to re-appoint Allison Gruber to the
PARKS AND RECREATION
SERVICES ADVISORY COMMITTEE,
re-appoint Chester Young to the
WATERWAYS ADVISORY
COMMITTEE,
seconded by Commissioner Mann, called and carried, with Commissioner Bigelow absent.
Commissioner Mann moved to appoint Damon Shelor to the
COMMUNITY SUSTAINABILITY
ADVISORY COMMITTEE,
re-appoint Orville Hall to the
PARKS AND RECREATION SERVICES
ADVISORY COMMITTEE,
re-appoint James Mathisen to the
WATERWAYS ADVISORY COMMITTEE,
seconded by Commissioner Hall, called and carried, with Commissioner Bigelow absent.
COUNTY MANAGER ITEMS
County Manager Karen Hawes had no items to be discussed.
COUNTY ATTORNEY ITEMS
County Attorney Michael Hunt had no items to be discussed.
Public Presentation of Matters by Citizens
The Chairman called for public comment; however, no one came forward.
The Chairman adjourned the meeting at 12:12 p.m.
ATTEST:
CHARLIE GREEN, CLERK
__________________________
Deputy Clerk
_____________________________
Chairman, Lee County Commission
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