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SEPTEMBER 4, 2012
The
Regular Meeting
of the
was held on this date with the
following Commissioners present:
COMMISSIONERS MANN AND BIGELOW WERE ABSENT FOR THE ENTIRE MEETING.
of Life Church, followed by the Pledge of Allegiance to the flag.
PRESENTATIONS
Commissioner Hall read and presented a Ceremonial Resolution proclaiming September, 2012 as
National Hunger Action Month and encouraging the citizens and businesses of this community to join Lee County in
supporting the Harry Chapin Food Bank in this nationwide effort to secure additional resources for the communities it
serves and for its year-long efforts to fight hunger and feed hope in Southwest Florida. Harry Chapin Food Bank
#20120747-
Commissioner Hall)
Chairman Manning noted that the Childhood Cancer Awareness Month ceremonial presentation had
been deferred.
ANNOUNCEMENTS
Referring to the
Agenda Recap Sheet
dated September 4, 2012, the Chairman announced that:
For Administrative Agenda Item 14(a), additional language to
WHAT ACTION ACCOMPLISHES
section should include the following:
The settlement will allow a single family residence to be constructed on the South half of Lot 12 in
Daughtrey Creek Estates. Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried
with Commissioners Mann and Bigelow absent.
One Walk-on Item would be heard 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 citizen came forward:
representative
There were no requests for Consent Agenda items to be pulled for discussion by the individual Commissioners.
CONSENT AGENDA
1. COUNTY ADMINISTRATION
A)
ACTION REQUESTED/PURPOSE:
Authorize Chairman to sign a resolution that will allow for the execution of
loan
documents
Woods MSBU project and authorize Budget Amendment Resolutions and Transfer to
reflect this transaction. (
#20120731-
COUNTY MANAGER)
FUNDING SOURCE:
Fund – Loan Proceeds through the Term Loan Assessment Program #4; Program – Loan
Proceeds for the Airport Woods MSBU.
WHAT ACTION ACCOMPLISHES:
Allow the implementation of Long Term Debt Financing for the Airport Woods MSBU
project without pledging the Non-Ad Valorem Debt Capacity of the County.
MANAGEMENT RECOMMENDATION:
Approve.
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Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried with Commissioners
Mann and Bigelow absent.
RESOLUTION NO 12-09-01 THRU 12-09-03
2. COMMUNITY DEVELOPMENT
No requests received.
3. CONSTRUCTION AND DESIGN
No requests received.
4. COUNTY COMMISSIONERS
No requests received.
5. COUNTY LANDS
No requests received.
6. HUMAN SERVICES
No requests received.
7. INDEPENDENT
A)
ACTION REQUESTED/PURPOSE:
A) Authorize staff to serve as the Construction Manager and solicit informal sub-
accordance with past County practices, where a project cost will not exceed $200,000.
B) Approve expenditures to re-pipe, re-grid the ceiling tiles and paint the interior of the
(
#20120727-
FACILITIES SERVICES)
FUNDING SOURCE:
Maintenance - Improvements to Health Department.
WHAT ACTION ACCOMPLISHES:
of County staff.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried with Commissioners Mann
and Bigelow absent.
B)
ACTION REQUESTED/PURPOSE:
Concur with the selection by the Qualifications Committee of contractors under project
RFQ-12-07 County Wide Environmental Maintenance Contract as follows:
A)
Aquagenix; Collier Environmental Services, Inc.
;
Consultants, Inc.
;
Mitigation Resources, LLC; Sandhill Environmental Service, LLC;
Walker Exotic Tree Eradication & Mitigation, LLC; Woods and Wetlands, Inc.
; and
B) Authorize staff to negotiate on a project-by-project basis with the listed firms; and
C) Approve a contract period of two years; and
D) Approve an anticipated annual expenditure of $3,000,000; and
E) Authorize Chair on behalf of the Board to execute each Agreement independently upon
final negotiations within the next two years.
(
#20120734-
PROCUREMENT MANAGEMENT)
FUNDING SOURCE:
Funds will be available from the various department budgets (mainly Parks & Recreation
and Public Works).
WHAT ACTION ACCOMPLISHES:
Approves and places several contractors under contract to be available as needed for a
period of two years to provide mitigation monitoring, exotic plant control, hydrological
restoration, native plant installation for restoration, and habitat restoration.
MANAGEMENT RECOMMENDATION:
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--------------------------
Approve.
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried with Commissioners Mann
and Bigelow absent.
8. NATURAL RESOURCES/SOLID WASTE
A)
ACTION REQUESTED/PURPOSE:
Approve expenditures exceeding the previously approved annual estimate of $255,000.00
for Yard Waste Processing Services to
BelCorp, Inc.
(via Formal Bid No. B-09-09). The
initial term of this contract was for two years and a term extension through 4/1/2013 was
approved. The estimated annual expenditures for the services are now anticipated to be
approximately $320,000.00. (
#20120742-
SOLID WASTE)
FUNDING SOURCE:
Fund - Solid Waste System Ops; Program - Solid Waste Disposal Facilities; Project - Yard
Waste Processing Services.
WHAT ACTION ACCOMPLISHES:
Allows the Solid Waste Division to continue with the yard waste processing contract
services of BelCorp, Inc. through the fiscal year including additional grinding for possible
hurricane preparation.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried with Commissioners Mann
and Bigelow absent.
9. PARKS AND RECREATION
No requests received.
10. PUBLIC SAFETY
No requests received.
11. PUBLIC WORKS ADMINISTRATION
No requests received.
12. TRANSPORTATION
A)
ACTION REQUESTED/PURPOSE:
Accept a non-exclusive
perpetual right-of-way easement
grant for a bikeway/pedestrian
way constructed as part of the Homestead Plaza Publix, LDO2012-00263, on Homestead
Road in Lehigh Acres. (
#20120707-
TRANSPORTATION)
FUNDING SOURCE:
Transportation Trust; Program - Transportation Operations - Roadway Maintenance.
WHAT ACTION ACCOMPLISHES:
Allows the County perpetual use of a sidewalk constructed as a requirement per the Land
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried with Commissioners Mann
and Bigelow absent.
13. UTILITIES
A)
ACTION REQUESTED/PURPOSE:
Developer Contributed Asset - Diversified Yacht Services (BS 20120674/23580,
MMM/SDG): Approve final acceptance, by Resolution and recording of
one (1) utility
easement,
as a donation of two potable water services, one 4'' diameter fire line, one 8''
diameter fire line, and a single sewer service, to provide potable water service, fire
protection and sanitary sewer service to 'DIVERSIFIED YACHT SERVICES', a recently
constructed commercial development. This is a Developer contributed asset project
(
#20120674-
UTILITIES)
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--------------------------
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Provides adequate utility infrastructure to support redevelopment of the subject property
MANAGEMENT RECOMMENDATION:
Approval.
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried with Commissioners Mann
and Bigelow absent.
RESOLUTION NO 12-09-04
B)
ACTION REQUESTED/PURPOSE:
20120690/23596, MMM/SDG): Approve final acceptance, by Resolution, as a donation of
one potable water service and one 6'' diameter fire line, to provide potable water service
constructed commercial building. This is a Developer contributed asset project located
#20120690-
UTILITIES)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Provides adequate utility infrastructure to support development of the subject property and
MANAGEMENT RECOMMENDATION:
Approval.
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried with Commissioners Mann
and Bigelow absent.
RESOLUTION NO 12-09-05
C)
ACTION REQUESTED/PURPOSE:
Developer Contributed Asset - Preserve at Corkscrew, Phase 1 (BS 20120700/23606,
THO/SDG): Approve final acceptance, by Resolution and recording of
one (1) utility
easement,
as a donation of water distribution and gravity collection systems and one reuse
meter station to provide potable water service, fire protection, sanitary sewer service and
irrigation service to 'PRESERVE AT CORKSCREW, PHASE 1', a phased residential
development. This is a Developer contributed asset project located on the south side of
#20120700-
UTILITIES)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Provides adequate utility infrastructure to support development of the subject property and
MANAGEMENT RECOMMENDATION:
Approval.
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried with Commissioners Mann
and Bigelow absent.
RESOLUTION NO 12-09-06
14. COUNTY ATTORNEY
No requests received.
15. HEARING EXAMINER
No requests received.
16. CONSTITUTIONAL OFFICERS
A)
ACTION REQUESTED/PURPOSE:
FY 11/12 from revenues collected from various fees, services, etc. (see below) that were
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collected by the Sheriff's Office during the period of 3/14/12 through 8/13/12. Also
approve transfers within budget line items within the Sheriff's Office allocation.
(
#20120717-
SHERIFF)
FUNDING SOURCE:
from various fees and services.
WHAT ACTION ACCOMPLISHES:
Board approval is needed to expend funds collected.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried with Commissioners Mann
and Bigelow absent.
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. (
#20120750-
FINANCE)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Florida Statute Chapter 136.06 (1) requires that all County disbursements be recorded in
the Minutes of the Board.
MANAGEMENT RECOMMENDATION:
Compliance with the requirements of FS 136.06 (1).
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried with Commissioners Mann
and Bigelow absent.
C)
ACTION REQUESTED/PURPOSE:
Approve the Minutes for the following meetings of the Board of County Commissioners
held during the week of August 20 thru August 24, 2012:
August 20, 2012 (Zoning) August 21, 2012 (Regular Meeting)
August 21, 2012 (Budget Workshop).
(
#20120752-
MINUTES)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Approval of the Board Minutes, pursuant to Florida Statute 286.011.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried with Commissioners Mann
and Bigelow absent.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
No requests received.
ADMINISTRATIVE AGENDA
1. COUNTY ADMINISTRATION
No requests received.
2. COMMUNITY DEVELOPMENT
No requests received.
3. CONSTRUCTION AND DESIGN
No requests received.
4. COUNTY COMMISSIONERS
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No requests received.
5. COUNTY LANDS
A)
ACTION REQUESTED/PURPOSE:
A) Adopt Resolution authorizing conveyance of County-owned land to
Utilities, Inc.
as part of STRAP No. 25-47-25-B3-01001.034A;
B) Approve Real Estate Sales Agreement for the sale of the ±.56 acre to BSU in the
amount of $40,000, pursuant to the terms and conditions set forth in the Agreement;
C) Authorize the Chair to execute the
County Deed;
D) Authorize the Division of County Lands to handle/accept documentation necessary to
complete the transaction. (
#20120722-
COUNTY LANDS)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
The sale of surplus, County-owned land to BSU for a future potable water well to serve
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried with Commissioners Mann
and Bigelow absent.
RESOLUTION NO 12-09-07
B)
ACTION REQUESTED/PURPOSE:
A) Adopt Resolution authorizing conveyance of County-owned land to
Utilities, Inc.
identified as part of STRAP No. 25-47-25-B4-00201.008A;
B) Approve Real Estate Sales Agreement for the sale of the ±.34 acre to BSU in the
amount of $13,800, pursuant to the terms and conditions set forth in the Agreement;
C) Authorize the Chair to execute the
County Deed;
D) Authorize the Division of County Lands to handle/accept documentation necessary to
complete the transaction. (
#20120723-
COUNTY LANDS)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
The sale of surplus, County-owned land to BSU for a future potable water well to serve
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried with Commissioners Mann
and Bigelow absent.
RESOLUTION NO 12-09-08
C)
ACTION REQUESTED/PURPOSE:
A) Adopt Resolution authorizing conveyance of County-owned land to
Utilities, Inc.
further identified as part of STRAP No. 25-47-25-B4-00208.002A;
B) Approve Real Estate Sales Agreement for the sale of the ±.40 acre to BSU in the
amount of $8,700, pursuant to the terms and conditions set forth in the Agreement;
C) Authorize the Chair to execute the
County Deed;
D) Authorize the Division of County Lands to handle/accept documentation necessary to
complete the transaction. (
#20120724-
COUNTY LANDS)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
The sale of surplus, County-owned land to BSU for a future potable water well to serve
MANAGEMENT RECOMMENDATION:
Approve.
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Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried with Commissioners Mann
and Bigelow absent.
RESOLUTION NO 12-09-09
6. HUMAN SERVICES
No requests received.
7. INDEPENDENT
No requests received.
8. NATURAL RESOURCES/ SOLID WASTE
No requests received.
9. PARKS AND RECREATION
No requests received.
10. PUBLIC SAFETY
No requests received.
11. PUBLIC WORKS ADMINISTRATION
No requests received.
12. TRANSPORTATION
No requests received.
13. UTILITIES
A)
ACTION REQUESTED/PURPOSE:
Adopt a Resolution of Exchange relating to public utility easements:
1) a privately-owned property located within a project known as the "Terraces at
Riverwalk"; and,
2) a County-held
utility easement
located in Section 15, Township 45 South, Range 25
East;
Also, authorize Chair to execute
all documents necessary
to effectuate the exchange.
(
#20120706-
UTILITIES)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Exchange of property to accommodate utility lines.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried with Commissioners Mann
and Bigelow absent.
RESOLUTION NO 12-09-10
14. COUNTY ATTORNEY
A)
ACTION REQUESTED/PURPOSE:
Authorize
17474.
(
#20120714-
COUNTY ATTORNEY)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Settles all claims, including fees and costs, for declaratory and injunctive relief based on
determination.
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MANAGEMENT RECOMMENDATION:
Authorize settlement.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
For Administrative Agenda Item 14(a), additional language to
WHAT ACTION ACCOMPLISHES
section should
include the following: The settlement will allow a single family residence to be constructed on the South half of Lot
12 in Daughtrey Creek Estates. Commissioner Judah moved approval, seconded by Commissioner Hall, called and
carried with Commissioners Mann and Bigelow absent.
Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried with Commissioners Mann
and Bigelow absent.
B)
ACTION REQUESTED/PURPOSE:
1. Approve settlement submitted by Plaintiff after jury verdict in favor of the Plaintiff in
Approval of the settlement would also end the appeal to the Florida Second District Court
of Appeals, approved by the Board on April 24, 2012.
2. Approve a
budget transfer
Parkway Extension Project in the amount of $1,560,605 and amend the FY 11-12 Capital
Improvement Projects Fund (CIP) accordingly. (
#20120721-
COUNTY ATTORNEY)
FUNDING SOURCE:
District.
Program: Capital Improvements.
Project: Estero Parkway Extension.
WHAT ACTION ACCOMPLISHES:
Resolves the case and limits the County’s further exposure to increased fees and costs.
MANAGEMENT RECOMMENDATION:
The Office of the County Attorney recommends entering into the settlement.
Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried with Commissioner
Manning voting nay, and Commissioners Mann and Bigelow absent.
15. HEARING EXAMINER
No requests received.
16. CONSTITUTIONAL OFFICERS
No requests received.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
No requests received.
WALK-ON ITEM NO. 1
1)
ACTION REQUESTED/PURPOSE:
Board approve
Amendment No. 2 to DEP Contract No. GC709,
Florida Department of
Environmental Protection Agreement for Storage Tank System Compliance Verification
Task Assignment No. 6 to DEP Contract No.
GC709,
in the amount of $174,553.54 for pollutant storage tank inspections for the period
July 1, 2012 through June 30, 2013 and authorize the contract manager to sign the Task
Task Assignment No. 7 to
DEP Contract No. GC709
allowing for expenditure of fund balance for program related
activities and authorize the contract manager to sign the Task Assignment Notification Form
Transfer of Funds
from Reserves in the
amount of $92,000 and authorization to spend same amount to provide program related
expenses and eliminate fund balance with remainder at November 1, 2012 to be refunded to
tank inventory of 197 tanks for an estimated amount of $40,854.31 and authorize Chairman
to execute amendment upon receipt from FDEP. (
#20120768-
NATURAL RESOURCES)
FUNDING SOURCE:
FY11/12 Fund–Special Revenue Pollutant Storage Tanks; Program–Pollutant Storage
Tanks; Project-N/A and
FY12/13 Fund-General Fund; Program-Pollutant Storage Tanks; Project-N/A.
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WHAT ACTION ACCOMPLISHES:
Amends the contract terms set forth in the agreement governing Pollutant Storage Tank
MANAGEMENT RECOMMENDATION:
Recommend approval.
REASON FOR WALK ON:
In our sixth year of a ten-year contract for inspection services for Pollutant Storage Tanks,
FDEP is modifying the contract. The most time-sensitive change revolves around the
funding structure. The County was required to keep a separate fund for monies and report
on a year-end basis the fund balance (we even had to include interest on the monies). On
07/01/2012, this accounting practice has been changed. Task Assignment 7 provides up to
October 1, 2012 to expend the fund balance of 13807 (approximately $142,429.67). Funds
that are not expended must be returned to FDEP. With the year end approaching, timing is
critical and we have less than two weeks to process purchase orders through the system to
spend down fund balance. We received the contract amendment from FDEP
approximately two weeks ago and have taken that time to perfect fund balance and the blue
sheet. We received information from FDEP last Friday regarding the potential addition of
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried with Commissioners Mann
and Bigelow absent.
COMMISSIONER ITEMS
There were no Commissioner Items offered by the individual Commissioners.
COMMITTEE APPOINTMENTS
LAND DEVELOPMENT
CODE,
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried with Commissioners Mann
and Bigelow absent.
LAND DEVELOPMENT CODE,
ROADWAY LANDSCAPE COMMITTEE,
seconded by Commissioner
Hall, called and carried with Commissioners Mann and Bigelow absent.
COUNTY MANAGER ITEMS
COUNTY ATTORNEY ITEMS
The Chairman adjourned the meeting at 10:40 a.m.
__________________________
_____________________________
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