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BOOK – 2011R - B.O.C.C.-------------------------------------
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OCTOBER 3, 2011
sitting as the Board Management
and Planning Committee was held on this date with the following Commissioners present:
The Chairman called the meeting to order at 1:30 p.m.
1.
ORDINANCE REGARDING JUNK DEALERS/SECOND HAND DEALERS
Create Ordinance regulating second hand metal dealers
Lee County Sheriff’s Office, Criminal Intelligence Section Sgt. Matt Chitwood provided an overview of metal thefts
throughout Lee County, and advised that the current laws are not adequate to address the growing problem.
Following brief discussion on the lack of legislative action, and recommendations outlined by Sgt. Chitwood, there
was Board consensus to direct the drafting of an Ordinance to restrict the sale of regulated metals and the scheduling
of a public hearing in early November. Additional discussion ensued on the timely provision of back-up materials to
agenda items.
2.
ECONOMIC DEVELOPMENT UPDATE
The Economic Development Office will provide an update on initiatives by their department to
promote economic diversification and their efforts for promoting the retention, expansion and
PowerPoint update
and responded to Board
questions and commentary throughout the presentation on Enterprise Zones for economically disadvantaged areas,
especially as it may relate to Lehigh Acres; website transparency; applicant viability; job creation numbers and
associated costs; marketing approach; closing of Collier County’s program; administering of private sector donations
by the Industrial Development Authority Board; and the Lee is Lending incentive program for start-ups. Mr. Moore
concluded his remarks by commending the successful business model put in place by the Board 20 years ago. He
further agreed to call a meeting of the banking group affiliated with the Lee is Lending Program and, at the request of
Commissioner Judah, have additional discussions to report on options.
Update on the status of construction at the Red Sox Spring Training Facility.
Assistant County Manager for Public Works Doug Meurer provided a status report on the construction of Jet Blue
Park stating they were on budget and on schedule with an estimated completion date of mid-January 2012. Mr.
Meurer, narrated
aerial photos
of the stadium and the site, and response was provided to a question from
Commissioner Bigelow on the adjacent soccer fields by Assistant Director of Parks and Recreation Dave Harner.
Ms. Hawes advised that shuttle service to both stadium venues from local businesses would be provided. It was
pointed out by Chairman Mann that this project employs over 500 people and is funded by Tourist Development Fund
monies, and not ad valorem tax dollars. Mr. Meurer responded to questions by Commissioner Bigelow on adjacent
businesses, maintenance funding, and naming rights. Commissioner Hall called a point of order that contract terms
were not the issue under consideration and Chairman Mann responded that answers to those type of questions were
available. Commissioner Bigelow asked a point of order question under Roberts Rules of Order, and County Attorney
Michael Hunt provided legal opinion. Commissioner Bigelow stated that his rights were being interfered with by the
Chairman and a majority of the Board. Chairman Mann indicated that while he believed the question on the naming
rights was not germane to a construction update scheduled for this time and therefore out of order, he would make an
exception and requested Commissioner Bigelow to continue his line of questioning. Commissioner Bigelow declined.
Chairman Mann advised that the correct opportunity to introduce a line of questioning on Jet Blue Park was under
Commissioner Items at tomorrow’s Regular Meeting of the Board.
4.
STATUS REPORT ON THE COMPREHENSIVE PLAN UPDATE AND IMPLEMENTATION
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BOOK – 2011R - B.O.C.C.-------------------------------------
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On March 1, 2011 the Board of County Commissioners adopted the 2011 Evaluation and
Appraisal Report and in doing so established its vision “New Horizon 2035”. Since March, an
interdepartmental staff team has been working to achieve this vision through a major update of
completed by December 2012.
Community Development Principal Planner Kathie Ebaugh provided an
update
is the second phase of the New Horizon 2035 project begun last year, responded to Board questions, and agreed with
Commissioner Bigelow’s request that detailed white papers would be provided prior to future updates. She concluded
her report with an outline of the summary schedule, with final adoption anticipated by December 2012.
5.
APPRAISAL AND NEGOTIATION PROCESS
The Board has recently had questions regarding the appraisal and negotiation process followed
by staff. Staff would like the opportunity to discuss the matter with the Board.
PowerPoint presentation
describing the acquisition process and
referenced
handouts
listing appraisal companies currently used by the County, along with examples of condemnation
costs; and responded to the suggestion by Commissioner Manning of an option for a real estate review committee to
volunteer their expertise and take a second look at multi-million dollar appraisals. Ms. Maguire continued her
presentation and responded to a question from Commissioner Bigelow on whether there was Conservation Land
Acquisition and Stewardship Advisory Committee (CLASAC) input on valuations or negotiations for parcels
presented to the Board for purchase. Commissioner Bigelow suggested that CLASAC members have more
involvement in the process and identified a specific property negotiation as a matter of concern to him. The
presentation continued with response to Commissioner Bigelow’s questions and further discussion on hypothetical
situations and appraisal approaches. Commissioner Hall suggested the Board review their policies and recommend
any changes. Chairman Mann referenced the recent criticism leveled at the current process, CLASAC’s role in the
recommending process, and whether an Ordinance change would be required to appoint an ad hoc committee for the
purpose of determining a value review. Commissioner Hall suggested reviewing the entire Ordinance and discussion
ensued on the role of CLASAC. Commissioner Judah stated that the Conservation 20/20 program has been a
successful and professionally run program, and referenced the motivation behind recent criticism of 20/20 land
purchases strictly as a desire to re-direct funds within the budget. (Commissioner Bigelow left the Chambers at 4:30
p.m. and was absent for the remainder of the meeting). Chairman Hall suggested that the current policies and
procedures on appraisals and land acquisitions be re-confirmed or modified. Chairman Mann indicated that things
could be done better and the need for public support requires further discussion at a future time. County Manager
Karen Hawes stated her understanding was of a consensus bring the Ordinance back for consideration and a review of
the existing policies and procedures as a separate meeting item sometime in December.
water treatment plant that provides potable water to approximately 200 customers within the
the Florida Public Services Commission.
with FDEP and LCHD to discuss available options if Bayshore is required to cease operations for
public health and safety issues. LCU has also met with Bayshore staff to offer suggestions for
improvements.
LCHD issued a consent order to Bayshore requiring the utility to complete plant improvement
within a 12-month period. Bayshore hired an engineering firm and created a plan for plant
improvements, however to date no improvements have been initiated. The deadline for meeting
the consent order passed in September 2011. LCHD will be filing a Petition for Enforcement of
Agency Action and Complaint for Injunctive Relief in circuit court.
LCU is not in a position to influence this regulatory process. We have presented two options to
extend our transmission line to the Bayshore service area. The first option includes installing a
master meter and billing Bayshore a bulk customer rate. The estimated cost per customer for
this option is approximately $4,000.00 and would most likely be passed on to the customers by
Bayshore.
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A second option includes extending our transmission line to the service area and LCU take over
the operation of the distribution system. The customers would be billed directly by LCU and
provided the County customer services. Certain upgrades to enhance the fire protection would
be necessary to bring the system into compliance with County standards. The County
Comprehensive Plan would also need to be modified to include the new water service area. The
estimated cost per customer for this option is approximately $7,000.00. The customer would be
responsible for these costs; however, a MSTU could be established to assist with financing the
costs.
Utilities Director Pam Keyes advised that Lee County Health Department (LCHD) Director Dr. Judith Hartner and
Environmental Engineering Director Charles Walther were present today as well. Ms. Keyes provided a status
update
on an enforcement action by the LCHD against the private Bayshore Utility Company Water Treatment Plant.
Commissioner Hall advised that there is a District 4 blog where citizens may follow the progress on this matter.
7.
WATERWAYS ESTATES WASTEWATER TREATMENT PLANT DECOMMISSION STATUS
The following provides a status of the Waterway Estates Wastewater Treatment Plant
(WWEWWTP) decommission process and information for discussion regarding providing public
access to the existing site.
The decommissioning of the WWEWWTP requires a two phase approach. The first phase
includes the installation of a wastewater transmission line from the master lift station that
collects the wastewater for the service area and runs northeast to connect with an FGUA
with FGUA to manage the project. Pre-construction activities are underway and field
construction is anticipated to begin within weeks. LCU has established a web site a
to provide the public with the project description, pipe route, and
contact information. The construction period is anticipated to continue through July 2012.
The second phase of the WWTP decommissioning includes actual plant closure and property
rehabilitation and redevelopment. A Decommission Plan will be completed, including asset
recovery, environmental protection, and contractor selection for demolition of the WWTP. A
FDEP permit will be required. Site rehabilitation for long term beneficial use will require public
participation and BoCC direction. Plant decommissioning is anticipated to require 12 to 18
Prior to rehabilitating and redevelopment of the property, the WWE neighborhood has
requested public access to the existing site, including the docks. Several issues have been raised
and County Lands Departments.
The property is currently zoned for Commercially Planned Development, which does not allow
public access for recreational use. The property would need to be rezoned to include Park
activities. This process would require approximately 6 months for a cost of approximately
$5,000.00. County Lands cautions against rezoning the property to Parks since it could
significantly decrease the property value for redevelopment.
Risk Management, Parks and the CAO recommend several site improvements to decrease the
legal liability of public access. Staff expressed concern with the change in ownership from the
neighborhood developer to LCU, as that would increase the legal liability should someone be
injured or sustain property damage. These improvements include providing ADA access, refuge
and sanitary facilities, repairs to all docks, infill and re-grading, perimeter fencing and sea wall
repairs. The estimated cost for these improvements is approximately $120,000.00. Neither Parks
nor LCU funding available for repairs or on-going operations and maintenance of the site.
The Parks Department policies no longer support creating or operating neighborhood parks.
Currently if a neighborhood requests Park assistance to create a park, an assessment is
established to cover the costs. Further, Parks staff report funding is not currently available, or
in the foreseeable future, for purchasing, improving, operating or maintaining the site as a
regional park.
Park development and operations is outside of the LCU core services and enterprise funds are
not available for this use. Further, the use of water and wastewater user fees for park activities is
outside of the bond conveyance requirements.
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OPTIONS:
FOR SITE IMPROVEMENTS TO REDUCE LEGAL LIABILITY OF PUBLIC
ACCESS.
2. CONTINUE SITE SECURITY UNTIL THE LONG-TERM REHABILITATION
PLAN AND PROPERTY USE HAS BEEN DETERMINED.
RECOMMENDATION:
Site remains secured from public access to reduce legal liability.
PowerPoint update
on the decommission process and advised of a website
address with phone numbers to address questions by affected residents. She indicated construction is anticipated to be
The Chairman adjourned the meeting at 4:41 p.m.
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