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JUNE 19, 2012
The
Regular Meeting
of the
Board of Lee County Commissioners
was held on this date with the
following Commissioners present:
John E. Manning, Chairman
A. Brian Bigelow, Vice-Chairman (arrived at 9:35 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 Jeffrey
DeYoe, Covenant Presbyterian Church, followed by the Pledge of Allegiance to the Flag.
PRESENTATIONS
Commissioner Manning read and presented a Ceremonial Resolution proclaiming the Boards best
wishes for a successful 2012 MANGO MANIA Tropical Fruit Festival being celebrated July 21-22. Mango Queen
Cassy Skau reviewed the festivities and invited all to participate.
(#20120562-
Commissioner Manning)
Commissioner Hall read and presented a Ceremonial Resolution recognizing and praising Cheryl
Carbone for going above and beyond her assigned duties and congratulated her as the selected employee for the
Together We Mean Community program for the Second Quarter, 2011/2012. Ms. Carbone accompanied by her team
mates thanked the Board.
(#20120561-
Commissioner Hall)
Commissioner Judah read and presented a Ceremonial Resolution congratulating Lee County Fleet
Management, and conveying appreciation to the Fleet Management employees for their dedicated contributions to Lee
County. Fleet Management Director Marilyn Rawlings thanked the Fleet team and all County Departements.
(#20120563-
Commissioner Judah)
Commissioner Mann read and presented a Ceremonial Resolution proclaiming July 2012 as National
Parks & Recreation Month urging all citizens to visit the parks, especially on the weekend of July, 28th and 29th when
all parking fees will be waived at Lee County Regional Parks and boat ramps. There will also be free admissions at
the County pools. Parks and Recreation Director David Harner thanked the Board and Administration for their
support and extended an invitation for all to visit the Parks and Facilities. (
#20120564-
Commissioner Mann)
ANNOUNCEMENTS
Referring to the
Agenda Recap
Sheet dated June 19, 2012, the Chairman announced that:
Agenda/Item # Purpose
Requested by
C7G
Please add the following language to the
ACTION REQUESTED/PURPOSE: Transit
Request Board approve Budget Amendment Resolution in the amount of $112,470.
Also revise the BACKGROUND
to include the Budget Amendment Resolution as an attachment.
Commissioner Judah moved approval, seconded by Commissioner Mann, called and carried.
C7K
Please revise the
ACTION REQUESTED/PURPOSE
to read as follows:
Library
Authorize after-the-fact acceptance of
two monetary donations totaling $1,350
from the Friends of
Lakes Regional Library for the purchase of books for distribution to participants in the Summer Reading
Program at Lakes Regional Library. This
$1,350
has already been expended prior to Board acceptance
in readiness for the start of the Summer Reading Program. Authorize after-the-fact acceptance of the
following non-monetary donations for the Library System’s Summer Reading Program which are being
distributed prior to Board acceptance to coincide with the start of the Summer Reading Program: 7,200
coupons from Taco Bell valued at $14,400 and 3,900 passes from Bamboozles Skating and Event Center
valued at a minimum of $23,400. Adopt budget amendment resolution in the amount of
$1,350
to
recognize receipt of the monetary donations and to adjust the budget accordingly.
Authorize after-the-fact acceptance of 498 coupons from Auntie Anne which are being distributed prior
to Board acceptance to coincide with the Summer Reading Program. Total coupon value is $498 for one
free pretzel given to children under 18 who list their favorite book on the coupon bookmark.
Also revise the BACKGROUND
(last line) of the blue sheet to reflect the amount of
$1,350
rather than $850.
---------------------------------------
------APPROVED MINUTES OF 061912R-----------------------------------
--------------------
Commissioner Judah moved approval, seconded by Commissioner Mann, called and carried.
C8B
Please revise the
ACTION REQUESTED/PURPOSE
to read as follows:
Solid Waste
Approve and authorize the Chairman to sign an amendment to the agreement for recycled waste paper services
between Lee County and Lee Memorial Health Systems providing for a 90 day term extension to such
agreement. The Term will be extended from June 30, 2012 to September 28, 2012.
Commissioner Judah moved approval, seconded by Commissioner Mann, called and carried.
A5A
Please add the following language to the
ACTION REQUESTED/PURPOSE: County Lands
and 3) authorize new nominations recommended by your Conservation Land Acquisition and Stewardship
Advisory Committee (CLASAC) to be pursued for acquisition in accordance with current established
procedures. All negotiated Purchase Agreements will be brought to the Board for final purchasing decisions.
Commissioner Judah moved amended language, seconded by Commissioner Mann, called and carried.
The following Walk-on items 1 thru 8 would be heard in agenda order.
Carry-Over item 1 would be heard in agenda order.
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:
C7(a), C12(a), A5(a) – Bonita Springs resident
Roy Hyman
A5(a) –Fort Myers resident
Pete Quasius
A5(a) –
Marisa Polgas
representing Conservancy of SW Florida
A2(b) –
Alexa Crespo
representing North Olga Community Planning Panel
A5(a) –
Carl Veaux
representing Local Sierra Club RGMC and Audubon of SWFL
The following persons did not come forward to speak however, wanted to note their support
A2(b) –
John Lovelace
representing North Olga Community Planning Panel
A2(b) –
Nick Armeda
representing North Olga Community Planning Panel
A2(b) –
Chen Mulling
representing North Olga Community Planning Panel
A2(b) –
Dennis Van Roekel
representing North Olga Community Planning Panel
A2(b) –
Mary Povia
representing North Olga Community Planning Panel
The following are the Consent Agenda items that each Board member wished to have discussed:
Commissioner Manning - None
Commissioner Bigelow – 7(d), 7(i), 7(j) & 12(a)
Commissioner Judah – 8(a)
Commissioner Hall - 7(a), 7(h), 9(b) & 12(a)
Commissioner Mann - None
CONSENT AGENDA
1. COUNTY ADMINISTRATION
No requests received.
2. COMMUNITY DEVELOPMENT
A)
ACTION REQUESTED/PURPOSE:
Approve a
one year extension from July 31, 2012 to July 31, 2013 of contract C-4354
for
the preparation of a preservation plan for Whidden's Marina in Boca Grande.
(#20120471-
COMMUNITY DEVELOPMENT)
FUNDING SOURCE:
No additional Historic Preservation funding requested.
WHAT ACTION ACCOMPLISHES:
---------------------------------------
------APPROVED MINUTES OF 061912R-----------------------------------
--------------------
Allows contract extension to provide additional time to complete the project.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Mann, called and carried.
3. CONSTRUCTION AND DESIGN
A)
ACTION REQUESTED/PURPOSE:
Approve
First Amendment to Agreement
Between Lee County and East County Water
Control District (District) for stormwater management and drainage services for Veterans
Community Park due to expansion of the park by approximately 34 acres.
(#20120539-
CONSTRUCTION AND DESIGN)
FUNDING SOURCE:
Fund – Lehigh Community Park Impact Fee Fund; Program – Capital Project; Project –
Veterans Community Park Phase IV Improvements.
WHAT ACTION ACCOMPLISHES:
Board approval of the amended Agreement is required before the District will provide
stormwater management and drainage services for an improved additional 34 acres to
Veterans Community Park.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Mann, called and carried.
4. COUNTY COMMISSIONERS
No requests received.
5. COUNTY LANDS
A)
ACTION REQUESTED/PURPOSE:
A) Accept Temporary
Construction Easement Agreement
and Grant of Perpetual Creek
and
Crossing Maintenance Easement,
for acquisition of Parcels 102-TCE and 102-CCME,
respectively, located at 19281 Meredith Road, for the Culvert Replacement Project No.
8596;
B) Authorize the payment of necessary costs and fees to close;
C) Authorize County Lands Staff to execute and accept all documentation necessary to
complete this transaction. (
#20120512-
COUNTY LANDS)
FUNDING SOURCE:
Fund – Capital Improvement Fund; Program – Water Resources Projects; Project – Culvert
Replacement.
WHAT ACTION ACCOMPLISHES:
Gives County right to enter property for the purpose of improving and maintaining flows
in Popash Creek.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Mann, called and carried.
B)
ACTION REQUESTED/PURPOSE:
A) Accept Grant of
Perpetual Creek and Crossing Maintenance Easement
for acquisition
of Parcel 101-CCME, located at 19301 Meredith Road, for the Culvert Replacement
Project No. 8596;
B) Authorize the payment of necessary costs and fees to close;
C) Authorize County Lands Staff to execute and accept all documentation necessary to
complete this transaction.
(#20120513-
COUNTY LANDS)
FUNDING SOURCE:
Fund – Capital Improvement Fund; Program – Water Resources Projects; Project – Culvert
Replacement.
WHAT ACTION ACCOMPLISHES:
Gives County right to enter property for the purpose of improving and maintaining flows
in Popash Creek.
MANAGEMENT RECOMMENDATION:
Approve.
---------------------------------------
------APPROVED MINUTES OF 061912R-----------------------------------
--------------------
Commissioner Judah moved approval, seconded by Commissioner Mann, called and carried.
6. HUMAN SERVICES
No requests received.
7. INDEPENDENT
A)
ACTION REQUESTED/PURPOSE:
To approve a $9,000,000 loan from the
State Infrastructure Bank Loan Program
at an
interest rate of 2% per annum compounded annually, for LeeTran’s Transit Facility
project, adopt a resolution authorizing the Loan Agreement, loan disbursement schedule
and repayment terms. Also, approve a budget amendment resolution in the amount of
$9,000,000 to budget the loan proceeds.
(#20120506-
TRANSIT)
FUNDING SOURCE:
State Infrastructure Bank Loan Program which will be repaid with Federal 5307 funds
beginning FY14-15.
WHAT ACTION ACCOMPLISHES:
This action allows LeeTran to access up to $9,000,000 in available financing for the
Transit Facility project, approves the loan agreement, establishes a loan disbursement
schedule, terms of repayment, budget amendment resolution, and adopts a resolution
authorizing the Board Chair to execute the necessary documents and agreements related to
the State Infrastructure Bank Loan Program.
MANAGEMENT RECOMMENDATION:
Approve.
At the request of Commissioner Hall, Transit Director Steve Myers provided clarification regarding the loan
disbursement and repayment terms, and commented that further efforts are being made to secure a $9 million
allocation from the discretionary fund. Commissioner Judah moved approval, seconded by Commissioner Hall. After
Mr. Myers provided further clarification in response to Commissioner Bigelow’s inquiry, the motion was called and
carried.
RESOLUTION NO. 12-06-22
AND
12-06-49
B)
ACTION REQUESTED/PURPOSE:
A) Approve and authorize the execution of an
agreement
between Lee County and The
Johann Fust Community Library of Boca Grande, Florida, Inc., ("The Foundation") setting
forth the conditions for establishing The Johann Fust Community Library as a branch of
the Lee County Library System; providing for ongoing support; and, allowing the
consolidation of the Boca Grande Reference Room into the new Fust Community Library.
B) Authorize execution of the
Lease Agreement
by the Board Chairman upon completion
of the Fust Library Building renovation and issuance of a Lee County Certificate of
Occupancy.
C) Authorize establishment of one Lee County Library Associate position, effective
10/1/12, to be filled with the Fust employee currently employed by The Foundation,
subject to meeting County intent-to-hire requirements.
(#20120509-
LIBRARY)
FUNDING SOURCE:
The renovation, the lease, and the additional staff person are at no cost to the County.
Funding by the County may be required in later years for the additional staff person (per
the establishment agreement page 4, c (5)).
WHAT ACTION ACCOMPLISHES:
Will establish the Johann Fust Community Library as a branch of the Lee County Library
System and allow the closing of the Boca Grande Reference Room upon completion of the
Fust Library Building renovations.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Mann, called and carried.
C)
ACTION REQUESTED/PURPOSE:
(A) Approve Project # PB120325, the utilization of the FDOT TRIPS Program Contract
#TRIPS-11-CA-TP, which has gone through their bidding process, for the purchase of one
23' Standard Paratransit Cutaway Van (4 wheelchair) at total cost of $85,607.15, five 23'
Standard Paratransit Cutaway Vans (3 wheelchair) at a unit cost of $85,162.15 for a total
of $425,810.75 and two 23' Low Floor Paratransit Cutaway Vans (3 wheelchair) at a unit
cost of $124,162.15 for a total of $248,324.30.
(B) The eight vans will be purchased from Transit Plus, Inc. at a grand total cost of
---------------------------------------
------APPROVED MINUTES OF 061912R-----------------------------------
--------------------
$759,742.20.
(C) Lee Tran will be reimbursed at 100% of the total grand cost for the vehicles by the
Federal Transit Administration.
(D) Request Board approval of a Budget Amendment Resolution in the amount of
$759,742.20.
(#20120462-
TRANSIT)
FUNDING SOURCE:
Revenue Account: FTA USC 5307 $759,742.20.
Expense Account: Independent Division, Fixed Route, Transit Capital, Vehicles and
Rolling Stock, ADA $759,742.20.
WHAT ACTION ACCOMPLISHES:
Allows Lee Tran to replace eight (8) Paratransit vehicles that have exceeded their useful
life.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Mann, called and carried.
RESOLUTION NO. 12-06-23
D)
ACTION REQUESTED/PURPOSE:
A) Concur with the ranking of the Qualifications Committee on project RFQ-12-02
Construction Management For Lee Tran Passenger Amenities and Bus Route
Infrastructure Improvements as follows: (1) Karr Group, Inc. d/b/a Casey Construction :
(2) Wright Construction Group; (3) Fowler Construction & Development; and, (4) Stevens
Construction.
B) Authorize negotiations with the number one ranked firm. The negotiated agreement
will be presented to the Board for formal adoption at a later time.
(#20120500-
TRANSIT)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Provides a Construction Manager for Lee Tran passenger amenities and bus route
infrastructure improvements, including ADA compliance, shelter installation and roadway
improvements at various locations within Lee County.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Bigelow addressed items C7(d), C7(i) and C7(j), expressing his ongoing concern with the
contractors/vendors review process. Commissioner Judah rebutted and point of order was called. At the request of
Commissioner Judah, Assistant County Manager Doug Meurer clarified the selection process. Commissioner Hall
moved approval, seconded by Commissioner Judah, called and carried.
E)
ACTION REQUESTED/PURPOSE:
Execute a
vehicle lease agreement
with Collier County allowing for the use and operation
of a transit bus provided by Collier County to operate on the inter-county "LINC" route
operated by LeeTran and allow for staff to manage the agreement.
(#20120525-
TRANSIT)
FUNDING SOURCE:
No funding is required for execution of the Interlocal Agreement.
WHAT ACTION ACCOMPLISHES:
Provides an agreement between Lee and Collier County on the use of a transit vehicle on
LINC Route.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Mann, called and carried.
F)
ACTION REQUESTED/PURPOSE:
A) Award B-12-12 PORT CARLOS COVE DREDGING, to the lowest responsive,
responsible bidder meeting all bid requirements,
Energy Resources, Inc.
, for a not to
exceed amount of $268,390, with a project completion time of 120 calendar days.
B) Authorize Chair to execute contract on behalf of the Board upon receipt.
C) Approve Authorization to Draw up to $340,000 against the Fifth Third Short Term
Line of Credit approved on November 8, 2011; and Approve a Budget Amendment
Resolution.
(#20120526-
PUBLIC RESOURCES)
FUNDING SOURCE:
Fifth Third Bank Short Term Line of Credit.
WHAT ACTION ACCOMPLISHES:
---------------------------------------
------APPROVED MINUTES OF 061912R-----------------------------------
--------------------
Provides a Contractor to restore navigable access through the Port Carlos Cove Channel,
an MSTU project.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Mann, called and carried.
RESOLUTION NO. 12-06-24
G)
ACTION REQUESTED/PURPOSE:
Approve of a
Joint Participation Agreement
and Authorizing Resolution with the Florida
Department of Transportation for funding the eligible costs of LeeTran's Vanpool
Program, allowing for acceptance of
future funding and execution of necessary documents
to accept this award.
Request Board approve Budget Amendment Resolution in the
amount of $112,470.
(
#20120529-
TRANSIT)
FUNDING SOURCE:
No funding is needed. FDOT Grant requires a 50% match which is provided by
participating employers.
WHAT ACTION ACCOMPLISHES:
Allows LeeTran to receive $112,470.00 in state funding for approved capital, operating
and marketing expenses related to LeeTran’s vanpool program. State funding requires a
local cash match in the equal amount which will be provided by participating employers.
MANAGEMENT RECOMMENDATION:
Approve.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
Please add the following language to the
ACTION REQUESTED/PURPOSE:
Request Board approve Budget Amendment Resolution in the amount of $112,470.
Also revise the BACKGROUND
to include the Budget Amendment Resolution as an attachment.
Commissioner Judah moved approval, seconded by Commissioner Mann, called and carried.
Commissioner Judah moved approval, seconded by Commissioner Mann, called and carried.
RESOLUTION NO. 12-06-25
&
12-06-26
H)
ACTION REQUESTED/PURPOSE:
Approve a
Joint Participation Agreement
and Authorizing Resolution with the Florida
Department of Transportation for funding the eligible marketing and operating costs to
develop a circulator in the central business district of Downtown Fort Myers, allowing for
acceptance of future funding and execution of necessary documents to accept this award.
(#20120531-
TRANSIT)
FUNDING SOURCE:
None at this time.
WHAT ACTION ACCOMPLISHES:
Allows LeeTran to receive $180,000.00 in state funding for approved capital, operating
and marketing expenses related to LeeTran’s development of a route in Downtown Fort
Myers. State funding requires a local cash match in the equal amount which will be
identified at a later date. No budget amendment is needed at this time.
MANAGEMENT RECOMMENDATION:
Approve.
In response to Commissioner Hall’s inquiry, Transit Director Steve Myers clarified that this request would begin the
funding for a service that would service the Downtown area. Commissioner Hall moved approval, seconded by
Commissioner Judah, called and carried.
RESOLUTION NO. 12-06-27
I)
ACTION REQUESTED/PURPOSE:
A) Concur with the selection of Consultants by the Competitive Negotiations Committee
for CN-12-10 MATERIALS TESTING SERVICES as follows:
Allied Engineering &
Testing, Inc.
;
American Management Resources Corp.
;
Ardaman & Associates, Inc.
;
GFA
International,
Inc.; and
Universal Engineering Sciences, Inc.
(All local firms, no Florida
Certified DBE firms).
B) Authorize staff to negotiate hourly rates and independent costs for a contract period of
two years with each of the selected firms.
C) Authorize Chair to execute the agreements at the conclusion of the negotiations.
(#20120535-
PROCUREMENT MANAGEMENT)
FUNDING SOURCE:
N/A.
---------------------------------------
------APPROVED MINUTES OF 061912R-----------------------------------
--------------------
WHAT ACTION ACCOMPLISHES:
Provides Lee County with five consultants on this contract that can provide professional
services for the project known as Materials Testing Services on an as needed basis.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Bigelow addressed items C7(d), C7(i) and C7(j), expressing his ongoing concern with the
contractors/vendors review process. Commissioner Judah rebutted and point of order was called. At the request of
Commissioner Judah, Assistant County Manager Doug Meurer clarified the selection process. Commissioner Hall
moved approval, seconded by Commissioner Judah, called and carried.
J)
ACTION REQUESTED/PURPOSE:
A) Concur with the selection of Consultants by the Qualifications Committee for RFQ-12-
04 MISCELLANEOUS PLANNING SERVICES as follows:
Calvin, Giordano &
Associates, Inc. (Clearwater)
;
David Plummer & Associates, Inc. (Fort Myers)
;
The Image
Network, Inc. D/B/A Dover, Kohl & Partners (Coral Gables)
;
EnSite, Inc. (Fort Myers)
;
Jacobs Engineering Group, Inc. (Tampa)
;
Johnson Engineering, Inc. (Fort Myers)
;
Kimley-
Horn and Associates, Inc. (Sarasota)
;
LaRue Planning & Management Services, Inc. (Fort
Myers)
;
RWA, Inc. (Naples)
;
SJO Land Consultants, LLC (Fort Myers, Florida Certified
DBE)
;
Spikowski Planning Associates (Fort Myers);
and
The Weiler Engineering
Corporation (Punta Gorda)
.
B) Authorize staff to negotiate hourly rates and independent costs for a contract period of
two years.
C) Authorize Chair to execute agreements upon final negotiations.
(#20120544-
PROCUREMENT MANAGEMENT)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Provides a list of pre-qualified on-call consultants to work singularly or in combination to
develop project scopes, schedules, and deliverables for specific tasks and to perform those
tasks if and when they are needed. These may include, but are not limited to, amendments
to the Lee County Comprehensive Plan; updating community plans; implementing
community plans through Land Development Code amendments; implementing a variety
of planning objectives mandated by the Florida Department of Community Affairs and the
Florida Legislature; and, conducting general land use planning, preparing studies or
reports, form-based codes, and possible urban design projects for Lee County.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Bigelow addressed items C7(d), C7(i) and C7(j), expressing his ongoing concern with the
contractors/vendors review process. Commissioner Judah rebutted and point of order was called. At the request of
Commissioner Judah, Assistant County Manager Doug Meurer clarified the selection process. Commissioner Hall
moved approval, seconded by Commissioner Judah, called and carried.
K)
ACTION REQUESTED/PURPOSE:
Authorize after-the-fact acceptance of
two monetary donations totaling $1,350
from the
Friends of Lakes Regional Library for the purchase of books for distribution to participants
in the Summer Reading Program at Lakes Regional Library. This
$1,350
has already been
expended prior to Board acceptance in readiness for the start of the Summer Reading
Program. Authorize after-the-fact acceptance of the following non-monetary donations for
the Library System’s Summer Reading Program which are being distributed prior to Board
acceptance to coincide with the start of the Summer Reading Program: 7,200 coupons from
Taco Bell valued at $14,400 and 3,900 passes from Bamboozles Skating and Event Center
valued at a minimum of $23,400. Adopt budget amendment resolution in the amount of
$1,350
to recognize receipt of the monetary donation and to adjust the budget accordingly.
(#20120549-
LIBRARY)
FUNDING SOURCE:
Donations.
WHAT ACTION ACCOMPLISHES:
Authorizes acceptance of donations and expenditure of funds pursuant to donors’ requests.
MANAGEMENT RECOMMENDATION:
Approval.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
Please revise the
ACTION REQUESTED/PURPOSE
to read as follows:
---------------------------------------
------APPROVED MINUTES OF 061912R-----------------------------------
--------------------
Authorize after-the-fact acceptance of
two monetary donations totaling $1,350
from the Friends of Lakes Regional
Library for the purchase of books for distribution to participants in the Summer Reading Program at Lakes Regional
Library. This
$1,350
has already been expended prior to Board acceptance in readiness for the start of the Summer
Reading Program. Authorize after-the-fact acceptance of the following non-monetary donations for the Library
System’s Summer Reading Program which are being distributed prior to Board acceptance to coincide with the start of
the Summer Reading Program: 7,200 coupons from Taco Bell valued at $14,400 and 3,900 passes from Bamboozles
Skating and Event Center valued at a minimum of $23,400. Adopt budget amendment resolution in the amount of
$1,350
to recognize receipt of the monetary donations and to adjust the budget accordingly. Authorize after-the-fact
acceptance of 498 coupons from Auntie Anne which are being distributed prior to Board acceptance to coincide with
the Summer Reading Program. Total coupon value is $498 for one free pretzel given to children under 18 who list
their favorite book on the coupon bookmark.
Also revise the BACKGROUND
(last line) of the blue sheet to reflect the amount of
$1,350
rather than $850.
Commissioner Judah moved approval, seconded by Commissioner Mann, called and carried.
Commissioner Judah moved approval, seconded by Commissioner Mann, called and carried.
RESOLUTION NO. 12-06-28
8. NATURAL RESOURCES/SOLID WASTE
A)
ACTION REQUESTED/PURPOSE:
Board approve and execute
Interlocal Agreement
for Well Permitting Between The City of
Fort Myers and Lee County. No funding is required.
(#20120533-
NATURAL
RESOURCES)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Provides delegation of water well permitting in the City of Fort Myers to Lee County.
MANAGEMENT RECOMMENDATION:
Staff recommends approval.
Commissioner Judah moved approval, seconded by Commissioner Hall. Under discussion, Commissioner Judah
recognized Natural Resources Division Director Roland Ottolini and Supervisor of Natural Resources Lee Werst for
their success in capping abandoned and free flowing wells saving Lee County 13 million gallons of water per day.
The motion was then called and carried.
B)
ACTION REQUESTED/PURPOSE:
Approve the Recycled Waste Paper Service and Confidentiality and Security Agreements
with Lee Memorial Health Systems. These agreements provide for the collection,
transportation, and recycling of specified waste materials from Lee Memorial Health
System facilities by the Lee County Solid Waste Division. The agreements are for a five-
year term and replace the current agreements upon their expiration on June 30, 2012.
Approve and authorize the Chairman to sign an
amendment to the agreement
for
recycled waste paper services between Lee County and Lee Memorial Health Systems
providing for a 90day term extension to such agreement. The Term will be extended
from June 30, 2012 to September 28, 2012.
(#20120547-
SOLID WASTE)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Provides for the collection, transportation, and recycling of certain waste materials from
Lee Memorial Health System facilities.
MANAGEMENT RECOMMENDATION:
Approve.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
Please revise the
ACTION REQUESTED/PURPOSE
to read as follows:
Approve and authorize the Chairman to sign an amendment to the agreement for recycled waste paper services
between Lee County and Lee Memorial Health Systems providing for a 90day term extension to such agreement. The
Term will be extended from June 30, 2012 to September 28, 2012.
Commissioner Judah moved approval, seconded by Commissioner Mann, called and carried.
Commissioner Judah moved approval, seconded by Commissioner Mann, called and carried.
C)
ACTION REQUESTED/PURPOSE:
Approve and execute a
utility easement to Lee County Electric Cooperative, Inc. (LCEC)
for the Powell Creek Preserve Filter Marsh project. Authorize Division of County Lands
---------------------------------------
------APPROVED MINUTES OF 061912R-----------------------------------
--------------------
to handle all documentation necessary to complete the transaction.
(#20120554-
NATURAL RESOURCES)
FUNDING SOURCE:
Fund – Capital Improvement Fund; Program – Water Resources Capital Projects; Project –
Powell Creek Hydrological Restoration.
WHAT ACTION ACCOMPLISHES:
Provides a utility easement for electric service to pump station for the Powell Creek
Preserve Filter Marsh.
MANAGEMENT RECOMMENDATION:
Staff recommends approval.
Commissioner Judah moved approval, seconded by Commissioner Mann, called and carried.
9. PARKS AND RECREATION
A)
ACTION REQUESTED/PURPOSE:
Approve and execute
Amendment No. 2
to Agreement Number CM211 between the
Florida Department of Environmental Protection/National Oceanic and Atmospheric
Administration (FDEP/NOAA) and Lee County for Caloosahatchee Creeks Preserve
Restoration.
(#20120489-
PARKS AND RECREATION)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Provides grant agreement clarification for the Caloosahatchee Creeks Preserve restoration.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Mann, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Approve and execute the
Fourth Amendment to the Memorandum of Understanding
(MOU)
between the Lee County Board of County Commissioners and the University of
Florida for funding and payments related to services provided to the County through the
Florida Cooperative Extension Service, a division of the Institute of Food and Agriculture
Sciences (IFAS), University of Florida. This amendment will extend the existing MOU
through September 30, 2012.
(#20120543-
PARKS AND RECREATION)
FUNDING SOURCE:
Fund – General; Program – Extension Services; Project – MOU. The budget for this
program was approved for the 2011-2012 BoCC fiscal year.
WHAT ACTION ACCOMPLISHES:
Allows for the extension of the existing MOU through September 30, 2012 and provides
MANAGEMENT RECOMMENDATION:
Approve.
In response to Commissioner Hall’s inquiry, Parks and Recreation Director David Harner noted that there were no
additional costs. Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried.
10. PUBLIC SAFETY
A)
ACTION REQUESTED/PURPOSE:
Certificate of Public Convenience and
Necessity (COPCN)
to the Estero Fire Rescue (District) to conduct advance life support
(ALS) non-transport service, emergency medical care.
(#20120485-
PUBLIC SAFETY)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Grants the applicant license to provide ALS non-transport service in accordance with State
MANAGEMENT RECOMMENDATION:
Management recommends approval.
Commissioner Judah moved approval, seconded by Commissioner Mann, called and carried.
11. PUBLIC WORKS ADMINISTRATION
---------------------------------------
------APPROVED MINUTES OF 061912R-----------------------------------
--------------------
A)
ACTION REQUESTED/PURPOSE:
Deed of Conservation Easement
Water Management District (SFWMD) that includes third party beneficiary rights to the
U.S. Army Corps of Engineers (Corps) consistent with the conditions of the Corps permit
issued for construction of the mitigation project known as the "Section 33 Regional
Mitigation Site".
(#20120534-
PUBLIC WORKS ADMINISTRATION)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Places land within the Section 33 site under a conservation easement. Once recorded, the
revised conservation easement will allow for the first release of wetland mitigation credits
generated by the project.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Mann, called and carried.
A)
ACTION REQUESTED/PURPOSE:
A) Approve Change Order No. 3 to project CN-10-01 CEI SERVICES FOR SIX MILE
CYPRESS WIDENING, to
Contract No. 5204 in
the amount of $192,778.00.
B) Approve an extension of the contract termination date to November 30, 2012.
(#20120536-
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
HDR’s contract for an additional 120 calendar days for the Six Mile Cypress Widening
project consistent with FDOT and FHWA procedures as established for ARRA stimulus
projects.
MANAGEMENT RECOMMENDATION:
Approve.
Department of Transportation Director Dave Loveland provided that the cost was due to time delays and vendor cash
flow issues, and noted that in working with the vendor they have made substantial progress in the last two weeks. He
further noted that liquidated damages are being assessed. Commissioner Hall requested an update providing the
guaranteed amount and over expended amount. Commissioner Bigelow commented on a better way to vet the
contracts. Following clarification by County Attorney Michael Hunt, Commissioner Judah moved approval, seconded
by Commissioner Hall, called and carried with Commissioner Bigelow voting nay.
13. UTILITIES
A)
ACTION REQUESTED/PURPOSE:
Developer Contributed Asset - McDonald's (BS 20120510/23371, TAK/SDG): Record
one
(1) utility easement,
as a donation to cover portions of existing LCU water infrastructure
within the recently constructed McDonald's Restaurant site on Bayshore Road. This is a
Developer Contributed asset project located on the north side of Bayshore Road just east of
(#20120510-
UTILITIES)
FUNDING SOURCE:
No funds required.
WHAT ACTION ACCOMPLISHES:
Utilities Design Manual.
MANAGEMENT RECOMMENDATION:
Approval.
Commissioner Judah moved approval, seconded by Commissioner Mann, called and carried.
---------------------------------------
------APPROVED MINUTES OF 061912R-----------------------------------
--------------------
B)
ACTION REQUESTED/PURPOSE:
CIP
Budget Transfer
(BS 20120497/23358, KM/SDG): Approve CIP Budget Transfer in
the amount of $200,000 from the Regional Wastewater Treatment Plant Study Project to
the DOT Utility Relocations Project and amend the FY 11/12 CIP Budget accordingly.
(#20120497-
UTILITIES)
FUNDING SOURCE:
Utility Relocations.
WHAT ACTION ACCOMPLISHES:
Provides funds for various upcoming DOT Utility Relocation projects.
MANAGEMENT RECOMMENDATION:
Approval.
Commissioner Judah moved approval, seconded by Commissioner Mann, called and carried.
C)
ACTION REQUESTED/PURPOSE:
A) APPROVE
Supplemental Task Authorization No. 13,
Contract No. 5477, to RMA
Geologic Consultants, Inc. (a local, Certified DBE firm), under CN-10-13
SERVICES for the project known as Fiesta Village Reuse Monitoring Program Update, in
the not to exceed amount of $12,985.00.
Authorization.
(#20120519-
UTILITIES)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Provides for a modification to the groundwater monitoring Plan for the Fiesta Village
reclaimed water system as recommended by FDEP.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Mann, called and carried,
D)
ACTION REQUESTED/PURPOSE:
A) APPROVE
Supplemental Task Authorization No. 14,
Contract No. 5477, to RMA
GeoLogic Consultants, Inc. (a local, Certified DBE firm), under CN-10-13
SERVICES for the project known as Retrofit of Corkscrew ASR System Monitoring Well
MW-C Wellhead, in the not to exceed amount of $2,750.00.
Authorization.
(#20120520-
UTILITIES)
FUNDING SOURCE:
Redevelopment/Upgrade and Rebuild.
WHAT ACTION ACCOMPLISHES:
Provides Professional Consulting support requesting and securing Florida Department of
(WTP) Aquifer Storage and Recovery (ASR) system Monitoring Well MW-C wellhead
and upper casing retrofit, including oversight of subcontract Drilling Contractor
performing the retrofit work.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Mann, called and carried.
E)
ACTION REQUESTED/PURPOSE:
A) APPROVE
Supplemental Task Authorization No. 15,
Contract No. 5477, to RMA
GeoLogic Consultants, Inc. (a local, Certified DBE firm), under CN-10-13
SERVICES for the project known as Corkscrew ASR System - Cycle 10 Evaluation, in the
not to exceed amount of $9,975.00.
Authorization.
(#20120521-
UTILITIES)
---------------------------------------
------APPROVED MINUTES OF 061912R-----------------------------------
--------------------
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Provides Professional Hydrogeologic Consulting services for the Corkscrew WTP Aquifer
permit No. 142222-012-016-UC and Administrative Order AO-050-SD/UIC-09 require
annual preparation and submittal of a summary report to FDEP, providing data
compilation, evaluation, groundwater flow and solute transport modeling for each
completed ASR cycle.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Mann, called and carried.
F)
ACTION REQUESTED/PURPOSE:
A) APPROVE
Supplemental Task Authorization No. 16,
Contract No. 5477, to RMA
GeoLogic Consultants, Inc. (a local, certified DBE firm), under CN-10-13
Initiation, in the not-to-exceed amount of $23,760.00.
Authorization.
(#20120523-
UTILITIES)
FUNDING SOURCE:
Services.
WHAT ACTION ACCOMPLISHES:
Beach Reuse Monitoring Program in accordance with permit revision No. FLA144215-
2012.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Mann, called and carried.
G)
ACTION REQUESTED/PURPOSE:
A) APPROVE
Supplemental Task Authorization No. 2,
Contract No. 5536, to Stantec
Consulting Services, Inc. (a local firm), under CN-10-13 MISCELLANEOUS UTILITY
ENGINEERING DESIGN AND/OR INSPECTION SERVICES for the project known as
Pinewoods WTP NF Wellfield Hydraulic Modeling, in the not to exceed amount of
$48,378.00.
Authorization.
(#20120524-
UTILITIES)
FUNDING SOURCE:
Wellfield Electrical Improvements.
WHAT ACTION ACCOMPLISHES:
hydraulic model of the Pinewoods Water Treatment Plant (WTP) Nanofiltration (NF)
The model is required to accurately specify the Production Well replacement submersibles
for the NF wellfield upgrade engineering design currently in preparation.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Mann, called and carried.
H)
ACTION REQUESTED/PURPOSE:
A) APPROVE
Supplemental Task Authorization No. 17,
Contract No. 5477, to RMA
GeoLogic Consultants, Inc. (a local, certified DBE firm), under CN-10-13
SERVICES for the project known as Pinewoods Wellfield 2011 Annual Report in the not-
to-exceed amount of $8,645.00.
---------------------------------------
------APPROVED MINUTES OF 061912R-----------------------------------
--------------------
Authorization.
(#20120527-
UTILITIES)
FUNDING SOURCE:
Services.
WHAT ACTION ACCOMPLISHES:
County Utilities' Pinewoods wellfield, to meet the requirements of the Water Use Permit
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Mann, called and carried.
I)
ACTION REQUESTED/PURPOSE:
A) APPROVE
Supplemental Task Authorization No. 10,
Contract No. 5388, to Johnson
Engineering, Inc. (a local firm), under CN-10-13 MISCELLANEOUS UTILITY
ENGINEERING DESIGN AND/OR INSPECTION SERVICES for the project known as
Pinewoods Permit Mods and Easement Additions, in the Lump Sum amount of
$12,950.00.
Authorization.
(#20120528-
UTILITIES)
FUNDING SOURCE:
Pinewoods Wellfield Electrical Improvements.
WHAT ACTION ACCOMPLISHES:
Provides for modification of the existing Environmental Resource Permit for the
Pinewoods Wellfield Electrical Improvements Project. Also provides legal descriptions
and exhibits for additional easement required for the Project.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Mann, called and carried.
J)
ACTION REQUESTED/PURPOSE:
A) APPROVE
Supplemental Task Authorization No. 11,
Contract No. 5388, to Johnson
Engineering, Inc. (a local firm), under CN-10-13 MISCELLANEOUS UTILITY
ENGINEERING DESIGN AND/OR INSPECTION SERVICES for the project known as
of $35,760.00.
Authorization.
(#20120530-
UTILITIES)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
facilities.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Mann, called and carried.
K)
ACTION REQUESTED/PURPOSE:
A) Award Professional Services Agreement for CN-11-13 FIESTA VILLAGE WWTP
HEADWORKS AND ODOR CONTROL, to
Hazen and Sawyer, P.C.
, in the not-to-
exceed amount of $160,000.00.
(#20120545-
---------------------------------------
------APPROVED MINUTES OF 061912R-----------------------------------
--------------------
UTILITIES)
FUNDING SOURCE:
Fiesta WWTP Headworks.
WHAT ACTION ACCOMPLISHES:
construction observation and inspection services for the Fiesta Village WWTP Headworks
and Odor Control project.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Mann, called and carried,
L)
ACTION REQUESTED/PURPOSE:
A) Approve
Change Order No.1
Contract No. 5968, to Arrow Directional Boring, Inc., in the amount of $16,478.26.
(#20120546-
UTILITIES)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Furnish and install materials based on field revisions addressing unforeseen conditions at
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Mann, called and carried.
14. COUNTY ATTORNEY
No requests received.
15. HEARING EXAMINER
No requests received.
16. CONSTITUTIONAL OFFICERS
A)
ACTION REQUESTED/PURPOSE:
an application and accept $18,799 in funding. The four applications distribute $187,990
Assistance Grant program;
5) sign memorandum of understanding between BoCC, LCSO,
of Subgrant Award letter to accept the $87,553 if awarded.
(#20120511-
SHERIFF)
FUNDING SOURCE:
Justice.
WHAT ACTION ACCOMPLISHES:
Unit, and purchase replacement mobile transport device, portable computer and one radar
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Mann, called and carried.
---------------------------------------
------APPROVED MINUTES OF 061912R-----------------------------------
--------------------
B)
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.
(#20120555-
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 Mann, called and carried.
C)
ACTION REQUESTED/PURPOSE:
Approve the Minutes for the following meetings of the Board of County Commissioners
held during the week of June 4 thru June 8, 2012: June 4, 2012 (Zoning), June 4, 2012
(Management & Planning), June 5, 2012 (Regular).
(#20120556-
MINUTES)
FUNDING SOURCE:
Not Applicable.
WHAT ACTION ACCOMPLISHES:
Approval of the Board Minutes, pursuant to Florida Statute 286.011.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Mann, called and carried.
D)
ACTION REQUESTED/PURPOSE:
Approve disbursement of excess funds resulting from the sale of tax deed certificates to a
claimant verified and certified under Florida Statutes 197.582.
(#20120558-
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 claimant.
Commissioner Judah moved approval, seconded by Commissioner Mann, called and carried.
E)
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).
(#20120560-
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
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 Mann, called and carried.
---------------------------------------
------APPROVED MINUTES OF 061912R-----------------------------------
--------------------
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
No requests received.
ADMINISTRATIVE AGENDA
1. COUNTY ADMINISTRATION
No requests received.
2. COMMUNITY DEVELOPMENT
A)
ACTION REQUESTED/PURPOSE:
to address Comprehensive Plan language concerning wildlife attractants on Port Authority
property.
(#20120508-
COMMUNITY DEVELOPMENT)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
An affirmative vote of three or more Commissioners is required to authorize Board of
MANAGEMENT RECOMMENDATION:
Commissioner Hall moved the item, seconded by Commissioner Judah for discussion. Community Development
Planning Director Paul O’Connor stated that at this point and time Staff is requesting the Board to initiate this as a
Comprehensive Plan Amendment, the motion was then called and carried.
B)
ACTION REQUESTED/PURPOSE:
Review and approve a grant award
Panel (NOCPP)
formulate and process amendments to the Land Development Code.
(#20120550-
COMMUNITY DEVELOPMENT)
FUNDING SOURCE:
Unincorporated MSTU/community planning. The NOCPP is contributing an additional
$12,000 to the project via matching funds and in kind services.
WHAT ACTION ACCOMPLISHES:
Enables the NOCPP to implement its community planning efforts through amendments to
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved the item, seconded by Commissioner Judah for discussion. Commissioner Mann
expressed concerns with the planning panel, noting the need for a more democratic approach. Following further
discussion by the Board related to the planning panels process structure, the motion was called and carried with
Commissioner’s Mann and Bigelow voting nay.
3. CONSTRUCTION AND DESIGN
No requests received.
4. COUNTY COMMISSIONERS
No requests received.
5. COUNTY LANDS
A)
ACTION REQUESTED/PURPOSE:
Administrative Code AC-2-3, to review the Conservation Land Program (Conservation
20/20), in accordance with parameters delineated in the attached document entitled,
Land Program should be a ballot referendum,
and 3) authorize new nominations
recommended by your Conservation Land Acquisition and Stewardship Advisory
Committee (CLASAC) to be pursued for acquisition in accordance
---------------------------------------
------APPROVED MINUTES OF 061912R-----------------------------------
--------------------
with current established procedures. All negotiated Purchase Agreements will be
brought to the Board for final purchasing decisions
and if so, when.
(
#20120552-
COUNTY LANDS)
FUNDING SOURCE:
Staff liaison’s cost will be covered as part of current salary.
WHAT ACTION ACCOMPLISHES:
MANAGEMENT RECOMMENDATION:
At the will of the Board.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
Please add the following language to the
ACTION REQUESTED/PURPOSE:
and 3) authorize new nominations recommended by your Conservation Land Acquisition and Stewardship Advisory
Committee (CLASAC) to be pursued for acquisition in accordance with current established procedures. All negotiated
Purchase Agreements will be brought to the Board for final purchasing decisions.
Commissioner Judah moved approval, seconded by Commissioner Mann, called and carried.
County Lands Director Karen Maguire clarified questions from Commissioner Bigelow and briefly outlined the action
requested/purpose for this item. After in-depth discussion by the Board regarding the direction of the panel and the
importance of this program, Commissioner Mann moved to continue negotiations, seconded by Commissioner Hall
for discussion. The motion was called and carried. Commissioner Mann suggested setting this issue (referendum
date) aside until the committee reports back to the Board. Commissioner Judah so moved, seconded by Commissioner
th
at 9:25 a.m.
Commissioner Mann moved, based on the staff briefing sheet that said that the first meeting which shall be called to
order by Ms. Maguire, in a 91 day timeframe, seconded by Commissioner Hall. The motion was then called and
carried with Commissioner Judah voting nay.
RESOLUTION NO. 12-06-50
In reply to Commissioner Hall’s inquiry, County Attorney Michael Hunt noted that the Board could continue this item
th
at 9:25 a.m., seconded by
Commissioner Mann, called and carried, with Commissioner Bigelow voting nay.
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
A)
ACTION REQUESTED/PURPOSE:
Approve a
budget transfer
from E 9-1-1 Operations Reserves in the amount of $850,000.00
for equipment and software upgrades for Next Generation 911 software; 911 workstation
replacements; 911 mobile command system; and EOC lightning protection.
(#20120518-
PUBLIC SAFETY)
FUNDING SOURCE:
Project - County-wide Enhanced E 9-1-1 System.
WHAT ACTION ACCOMPLISHES:
Allows the Public Safety E 9-1-1 Program to provide for and maintain hardware and
software equipment for a countywide Enhanced 9-1-1 System.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried.
---------------------------------------
------APPROVED MINUTES OF 061912R-----------------------------------
--------------------
B)
ACTION REQUESTED/PURPOSE:
Approve hiring for 10 EMS positions that are currently unfunded to address the EMS
workload issues discussed at the June 4, 2012 Management & Planning (M&P) meeting.
Request approval of
budget transfer
$100,000.00 to support these positions. The amount requested will cover the associated
personnel costs for the remainder of this fiscal year with the expectation that the full
amount discussed at the M&P meeting will be included in the FY 12-13 budget.
(#20120538-
PUBLIC SAFETY)
FUNDING SOURCE:
Ground Operations.
WHAT ACTION ACCOMPLISHES:
Addresses the response time compliance, staff workload issues, and overtime expenditure.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried with Commissioner
Bigelow voting nay.
C)
ACTION REQUESTED/PURPOSE:
surge markers on county maintained Evacuation Route and Shelter signs located in the
County.
(#20120540-
PUBLIC SAFETY)
FUNDING SOURCE:
Storm Surge Evacuation.
WHAT ACTION ACCOMPLISHES:
visitors.
MANAGEMENT RECOMMENDATION:
Approve.
At the request of Commissioner Hall, Public Safety Director John Wilson clarified that the evacuation markers would
display evacuation zones. Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried
with Commissioner Mann voting nay.
11. PUBLIC WORKS ADMINISTRATION
A)
ACTION REQUESTED/PURPOSE:
Consider the contingent
Stadium Lease Agreement
(#20120542-
PUBLIC WORKS ADMINISTRATION)
FUNDING SOURCE:
Tourist Development taxes.
WHAT ACTION ACCOMPLISHES:
MANAGEMENT RECOMMENDATION:
Assistant County Manager Doug Meurer noted that the application for state funding of up to 15,000,000.00 was
submitted to the State by July 6
th
, informed that a component of the application was an executed
lease
with the
Minnesota Twins for facility improvements; and noted that due to time constraints the conditional lease would be
executed and attached to the funding application. Commissioner Hall expressed discomfort with the inclusion of two
items and asked that the following items be eliminated: The lease and the lease payments as they should be a part of
the negotiations. Following confirmation of the escalator clause by Deputy Attorney Andrea Fraser, Commissioner
Hall moved approval with the deleted language regarding the lease and lease payments, seconded by Commissioner
Judah. At the request of Commissioner Bigelow, Mr. Meurer, Deputy County Attorney Andrea Fraser and County
Attorney Michael Hunt provided further clarification on the agenda item. Commissioner Bigelow expressed his
ongoing discontent with taxpayers money spent on baseball teams in this economy, and Commissioner Judah stressed
that the funding source was tourist tax revenues. The motion was then called and carried with Commissioner Bigelow
voting nay.
A)
ACTION REQUESTED/PURPOSE:
---------------------------------------
------APPROVED MINUTES OF 061912R-----------------------------------
--------------------
Approve resolution authorizing the Chair to sign the
First Amendment to the Joint Project
Agreement
(#20120490-
FUNDING SOURCE:
100% Federal funds
WHAT ACTION ACCOMPLISHES:
Allows DOT to move forward with filling a grant funded position upon Board approval
and executes an amendment with FDOT for funding for the State’s FY 2012/13.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved the item, Commissioner Hall seconded. At the request of Commissioner Bigelow, DOT
Director Dave Loveland clarified that the Florida State Department of Transportation has agreed to help fund the
operation with up to $300,000.00 per year renewable annually. The motion was called and carried with
Commissioner Bigelow voting nay.
RESOLUTION NO. 12-06-29
13. UTILITIES
No requests received.
14. COUNTY ATTORNEY
A)
ACTION REQUESTED/PURPOSE:
1) Approve an exchange of the County's real property interest in a 6-foot wide public
replacement 6-foot wide easement to be located approximately 125 feet westerly and
running generally parallel to the easement to be released; 2) authorize the Chair of the
Board of County Commissioners to execute an
Agreement for Exchange of Walkway
Easements;
and 3) authorize the Chair to execute other documents necessary to complete
the exchange.
Easement Grant and Covenant to Build and Maintain.
(#20120492-
COUNTY ATTORNEY)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
The exchange will allow the relocation and improvement of a public walkway easement
for beach access, including construction of a new dune walk-over at another nearby public
walkway for beach access.
MANAGEMENT RECOMMENDATION:
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried.
RESOLUTION NO. 12-06-30
15. HEARING EXAMINER
No requests received.
16. CONSTITUTIONAL OFFICERS
No requests received.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
No requests received.
9:30 AM PUBLIC HEARINGS
1. ACTION REQUESTED/PURPOSE:
Approve Resolution to Assess:
Cherry Blueberry Improvement Unit for an assessment of $140.72 per lot.
Cherry Estates O&M for an assessment of $58.11for front units and $11.23 for back units per
---------------------------------------
------APPROVED MINUTES OF 061912R-----------------------------------
--------------------
EAU.
Country Estates, Unit 3, Streetlighting Unit for an assessment of $50.02per lot.
Country Lakes Streetlighting for an assessment of $39.09 per lot.
Gasparilla Island Special Improvement for an assessment for an equivalent millage rate of 0.0290.
Sheltering Pine Mobile Home Village Special Improvement Unit for an assessment of $110.24 per
lot.
(#20120551-
PUBLIC RESOURCES)
FUNDING SOURCE:
Property Owners through various established MSBU's on the annual tax roll.
WHAT ACTION ACCOMPLISHES:
Provides funding for FY 2012-2013.
MANAGEMENT RECOMMENDATION:
Approve.
Chairman Manning announced that for Public Hearing No. 1 each MSBU would have a separate vote.
County Attorney Michael Hunt asked the Board for a vote to wave County Administrative Rule 1.02 that only allows
public hearings on the 2
nd
and 4
th
Tuesdays of the month and asked for two procedures votes: (1) Suspend
Administration Rule 1.02 for the four public hearings this morning and (2) Authorize public hearings for other days
rather than only the 2
nd
or 4
th
Tuesdays of the month. Commissioner Judah moved approval, seconded by
Commissioner Hall, called and carried.
Affidavit of Publication,
and
briefly reviewed the request. The Chairman called for public comment; however, no one came forward.
The Chairman called for public comment; however, no one came forward.
Commissioner Hall moved Anchorage/Intercoastal Channel Maint. Dredging Unit, seconded by Commissioner
Mann, called and carried.
Commissioner Hall moved Cherry Blueberry Special Improvement District, seconded by Commissioner Mann,
called and carried.
Commissioner Hall moved Cherry Estates Special Improvement District, seconded by Commissioner Mann,
called and carried.
Commissioner Hall moved Country Estates Unit 3 Streetlighting Unit, seconded by Commissioner Mann,
called and carried.
Commissioner Hall moved Country Lakes Streetlighting Unit, seconded by Commissioner Mann, called and
carried.
called and carried.
Commissioner Hall moved Gasparilla Island Special Improvement MSBU, seconded by Commissioner Mann,
called and carried.
Commissioner Hall Moved Golden Lake Heights Streetlighting Unit, seconded by Commissioner Mann, called
and carried.
Commissioner Mann, called and carried.
carried.
Commissioner Hall moved River Forest Streetlighting District Municipal Services benefit Unit, seconded by
Commissioner Mann, called and carried.
Commissioner Hall moved Sheltering Pines Mobile Home Village Special Improvement District, seconded by
Commissioner Mann, called and carried.
Commissioner Mann, called and carried.
RESOLUTION NOs. 12-06-31 thru 12-06-43
2. ACTION REQUESTED/PURPOSE:
Conduct a Public Hearing and approve a Resolution to establish the Solid Waste Collection and
Disposal Program Special Assessments, rates, and other solid waste charges for tax year 2012 (FY
12-13); approve the proposed Resolution setting the annual special assessments and fees for the
---------------------------------------
------APPROVED MINUTES OF 061912R-----------------------------------
--------------------
FY 13 (the 2012 tax year) and each year thereafter by the terms of the Resolution.
(#20120414-
SOLID WASTE)
FUNDING SOURCE:
No funds required.
WHAT ACTION ACCOMPLISHES:
Collection and Disposal Special Assessments, rates and fees be adopted before August 15th of
each year. To meet this requirement, the Board establishes the rates, assessments, and fees, and
establishes the annual special assessments, rates and fees by Resolution for the Mandatory Solid
Waste Collection and Disposal Program for FY 12-13.
MANAGEMENT RECOMMENDATION:
Approve.
Affidavit of Publication,
and
briefly reviewed the request. Solid Waste Director Lindsey Sampson and Assistant County Manager Doug Meurer
responded to questions from Commissioner Bigelow regarding Solid Waste Reserves. Mr. Sampson added that the
County’s Financial Advisor, Public Financial Management, suggested 150% of operating costs minus debt service.
Commissioner Bigelow suggested a reduction in cost. County Manager Karen Hawes stated that the information
would be provided to the Board. The Chairman called for public comment; however, no one came forward.
Commissioner Judah moved approval, seconded by Commissioner Mann. Discussion ensued with Commissioner
Hall calling a point of order noting Commissioner Bigelow’s comment regarding un-sensitivity of the Board.
Commissioner Judah requested the Chairman call the question. The motion was called and carried. with
Commissioner Bigelow voting nay.
RESOLUTION NO. 12-06-44
3. ACTION REQUESTED/PURPOSE:
Conduct a Public Hearing to adopt a Resolution on a Petition to Vacate the public interest in a
twelve foot (12') wide Public Utility Easement located at 1207 North Ave., Lehigh Acres FL.
(
VAC2012-00004)
.
(#20120350-
COMMUNITY DEVELOPMENT)
FUNDING SOURCE:
No funding required.
WHAT ACTION ACCOMPLISHES:
Extinguishes an internal public utility easement on a single family residential lot to facilitate
issuance of building permits for several structures constructed within the easement. There are no
utilities existing within the easement and the easement is not necessary to accommodate any future
utility requirements.
MANAGEMENT RECOMMENDATION:
Approve.
Affidavit of
Publication,
and briefly reviewed the request. Commissioner Mann moved approval, seconded by Commissioner
Hall. The Chairman called for public comment; however, no one came forward, the motion then called and carried.
RESOLUTION NO
.
12-06-45
4. ACTION REQUESTED/PURPOSE:
Conduct a Public Hearing to consider the adoption and execution of the proposed ordinance
(#20120541-
COUNTY MANAGER)
FUNDING SOURCE:
No funds required.
WHAT ACTION ACCOMPLISHES:
receive, investigate, seek to conciliate and act on alleged discriminatory employment practices.
MANAGEMENT RECOMMENDATION:
Repeal the ordinance.
Affidavit of Publication
for
this item, briefly described the request, and provided a revised draft of the proposed Ordinance into the record.
At the request of Commissioner Bigelow, Equal Opportunity Manager Glen Salyer stated that the recommended
repeal would take Lee County out of the business of investigating employment discrimination claims. The
Chairman called for public comment; and the following citizens came forward,
Commissioner Hall moved approval, seconded by Commissioner Manning for discussion. Commissioner Judah
suggested the Board defer action on this item. Following further Board discussion, the motion failed with
Commissioners Mann, Judah and Bigelow voting nay. Commissioner Mann moved that the Board direct Staff
bring this issue back to the Board with direction and input from other parties that might be affected and leave it to
their discretion to decide who those people would be, seconded by Commissioner Judah, called and carried.
WALK ON AGENDA
1. ACTION REQUESTED/PURPOSE:
County, Case No. 07CA-3142 consolidated with Case No. 08CA-12823.
(#20120572-
COUNTY
ATTORNEY)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Authorizes appeal on Final Judgment.
REASON FOR WALK ON:
The Notice of Appeal must be filed by July 2, 2012 or the appeal is waived.
Commissioner Judah moved the item, seconded by Commissioner Hall, called and carried.
2. ACTION REQUESTED/PURPOSE:
Approve expenditures exceeding the previously approved estimate of $230,000 for Welding and
Fabrications Services for Fleet Management and Solid Waste to M&M Machine (via Formal
Quote No. Q-110211). The estimated annual expenditures for the services are now anticipated to
be approximately $305,000.00 per year.
(#20120557-
SOLID WASTE)
FUNDING SOURCE:
Project - Welding and Fabrication Services.
- Welding and Fabrication Services.
WHAT ACTION ACCOMPLISHES:
Allows Fleet and Solid Waste Division to continue with the welding and fabrication services in
order to maintain their equipment in safe and sound working condition through the fiscal year.
MANAGEMENT RECOMMENDATION:
Approve.
REASON FOR WALK ON:
This Walk-On item is requested because the remaining authorized expenditures could possibly be
expended prior to the resumption of BOCC meetings on July 31, 2012.
Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried.
3. ACTION REQUESTED/PURPOSE:
A) Award RFP-12-07 EMPLOYEE ASSISTANCE PROGRAM to
the
proposer whose proposal was evaluated by the Proposal Evaluation Committee as being in the best
submittal dated April 30, 2012. This contract is for a period of one year with the option to renew
for four additional 12-month periods (possible total of 5 years).
B) Further authorize Chair to execute Agreement on behalf of the Board upon receipt.
(#20120548-
HUMAN RESOURCES)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Assistance Program for County employees and their dependent family members.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Mann, called and carried.
4. ACTION REQUESTED/PURPOSE:
Request Board execute
Agreement
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------APPROVED MINUTES OF 061912R-----------------------------------
--------------------
Board.
(#20120570-
COUNTY ADMINISTRATION)
FUNDING SOURCE:
County for the Driver’s Education Program.
WHAT ACTION ACCOMPLISHES:
Provides approval for the release of funds collected for use of the Drivers Education Summer
Program with the Lee County School Board.
MANAGEMENT RECOMMENDATION:
Recommend approval.
REASON FOR WALK ON:
On June 13, 2012, Budget Services received a request from Lee County School District for Dori
Slosberg Funds for their Driver Education 2012 Summer School Program. Due to the cancellation
of the June 26, 2012 Board meeting, we are requesting this item be a walk-on for the June 19,
2012 Board meeting.
Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried.
5. ACTION REQUESTED/PURPOSE:
Authorize Lee County Board of County Commissioners Chair to execute
agreement
to accept this
award from the State of Florida Division of Emergency Management (DEM) that provides
$25,000 in grant funds to support Lee County Community Emergency Response Teams (CERT)
training activities. No County Match Required. Approve Budget Amendment Resolution in the
amount of $25,000 and approve the expenditures in the like amount.
(#20120559-
PUBLIC
SAFETY)
FUNDING SOURCE:
Fund - General Fund (DEM Reimbursement); Program - CERT; Project - Academy training for
community emergency response team volunteers.
WHAT ACTION ACCOMPLISHES:
Provides financial support for Lee County CERT Activities.
MANAGEMENT RECOMMENDATION:
Staff recommends approval.
REASON FOR WALK ON:
There is a three-month time period to complete this effort; therefore, the blue sheet must be acted
upon as soon as possible to meet the time constraints imposed by the agreement.
Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried.
RESOLUTION NO. 12-06-46
6. ACTION REQUESTED/PURPOSE:
Authorize Chair to execute
Agreement with RaceTrac Petroleum Inc.
, for the design, construction,
and maintenance of a traffic signal at Del Prado Boulevard North and N.E. 3rd Terrace.
(#20120566-
TRANSPORTATION)
FUNDING SOURCE:
Funded by RaceTrac Petroleum Inc.
WHAT ACTION ACCOMPLISHES:
Executes an Agreement whereby RaceTrac Petroleum Inc., is responsible for the design,
construction, and on-going maintenance of a new signal at Del Prado Boulevard North and N.E.
3rd Terrace.
MANAGEMENT RECOMMENDATION:
Approve.
REASON FOR WALK ON:
DOT is requesting that the RaceTrac Agreement for a new signal at Del Prado Del Prado North
and N.E. 3
rd
Terrace be a walk on for June 19. It is imperative to have this item as a walk on so
design of the signal can begin as soon as possible and not wait until after the summer Board
recess.
Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried.
RESOLUTION NO. 12-06-47
7. ACTION REQUESTED/PURPOSE:
The Lee County Sheriff's Office requests approval to submit an application requesting funding
through the Bulletproof Vest Partnership grant issued by the Bureau of Justice Assistance.
(#20120568-
SHERIFF)
FUNDING SOURCE:
Bureau of Justice Assistance.
WHAT ACTION ACCOMPLISHES:
---------------------------------------
------APPROVED MINUTES OF 061912R-----------------------------------
--------------------
Federal regulations controlling the grant require authorization for application from the Board of
County Commissioners. Authorization affords the LCSO the opportunity to purchase bulletproof
vests with grant funds.
MANAGEMENT RECOMMENDATION:
Approve.
REASON FOR WALK ON:
The grant deadline is June 27, 2012.
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried.
8. ACTION REQUESTED/PURPOSE:
Approve dismissal of
outstanding monetary fines
for violations of County Ordinances that are
uncollectable by the Clerk of Court.
(#20120573-
COUNTY ATTORNEY)
REASON FOR WALK ON:
This must be acted upon now so the Clerk can close out their books before the next budget cycle
begins.
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried.
CARRY OVER AGENDA
1. ACTION REQUESTED/PURPOSE:
Adopt Resolution approving the Southwest Florida Workforce Development Board, Inc. Budget
Program Year 2012-2013.
(#20120486-
COUNTY ATTORNEY)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Consistent with the Workforce Investment Act Second Amended and Restated Interlocal
Agreement for the Southwest Florida Job Training Consortium, on an annual basis, Lee County, as
part of the five-county consortium approves the budget commencing July 1, 2012 and ending June
30, 2013.
MANAGEMENT RECOMMENDATION:
Approve.
REASON FOR CARRY OVER:
Deferred by the board on June 12, 2012.
Commissioner Mann moved approval, seconded by Commissioner Judah, called and carried.
RESOLUTION NO. 12-06-48
COMMISSIONER ITEMS
NEW METRO EXTENSION– Commissioner Mann moved to direct staff to prepare their
recommendations to the Board based on the existing ordinance, seconded by Commissioner Judah, called and carried.
EXPIRED PERMITS FOR DUPLICATE IMPACT FEES– Commissioner Mann moved to have the
expired ordinance brought back to the Board by Community Development Director Mary Gibbs office, seconded by
Commissioner Judah, called and carried.
TODAYS AGENDA– Commissioner Hall thanked staff for taking on today’s agenda with so many
walk-on’s and noted they did a great job putting it all together with the extensive back up materials.
DBE AND PROCUREMENT UPDATE– Commissioner Bigelow referred to an e-mail from Assistant
County Manager Pete Winton addressing that today the board would not have a follow up briefing on DBE and
Procurement update to the August 6
th
M&P meeting. This was to address DBE and selection process. Commissioner
Bigelow asked for this to be put on an M&P meeting because of public interest.
TODAYS ITEM A10A– Commissioner Bigelow stated he did vote against this item today because he
felt that the personnel cost savings could have come from the total personnel cost to the government, adding it was not
the outcome he voted against it was how they got there.
EMPLOYEE FLEXIBLE SPENDING ACCOUNTS– Commissioner Bigelow inquired about the status
of the employee flexible spending accounts. Deputy County Attorney Andrea Fraser reported they had sent a letter to
the previous company ending the contract and we are now in negotiations with Aetna. Human Resources Director
Christine Brady confirmed the negotiations are in progress.
COMMITTEE APPOINTMENTS
---------------------------------------
------APPROVED MINUTES OF 061912R-----------------------------------
--------------------
Commissioner Manning requested a motion to re-appoint Orv Curry to the
PARTNERING FOR
RESULTS,
and re-appoint Tom Hoolihan and David Barton to the
INDUSTRIAL DEVELOPMENT
AUTHORITY.
Commissioner Mann so moved, seconded by Commissioner Hall, called and carried with
Commissioner Bigelow absent.
COUNTY MANAGER ITEMS
County Manager Karen B. Hawes had nothing to offer at this time.
COUNTY ATTORNEY ITEMS
County Attorney Michael Hunt had nothing to offer at this time.
Public Presentation of Matters by Citizens
The Chairman called for public presentation of matters by citizens; however, no one came forward.
The Chairman adjourned the meeting at 12:10 p.m.
ATTEST:
CHARLIE GREEN, CLERK
__________________________
Deputy Clerk
___________________________
Chairman, Lee County Commission
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------APPROVED MINUTES OF 061912R-----------------------------------
--------------------