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BOOK - 2011R - B.O.C.C.------------------------------------
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JANUARY 18, 2011
The
Regular Meeting
of the
was held on this date with the
following Commissioners present:
Cova, Life Church, with a Moment of Silence in tribute to the recently deceased Deputy Scott Wheeler, followed by
the Pledge of Allegiance.
PRESENTATIONS
PRESENTED IN REVERSE ORDER
Commissioner Mann read and presented a Ceremonial Resolution proclaiming January 2011 as:
Southwest Florida Symphony Month in Lee County and commending the Southwest Florida Symphony for providing
Lee County with one of its most invaluable cultural resources. Music Director and Conductor of the Symphony
Michael Hall and Past President of the Board of Trustees SWFL Symphony, Orchestra and Chorus Scott P. Gregory
accepted the Resolution, and expressed their appreciation and desire for continued partnerships with the schools and
the community as a whole. (
#20110015-
County Commissioners)
Commissioner Judah read and presented a Ceremonial Resolution designating January 22, 2011 as
WINK News Feeds Families Hunger Walk Day in Lee County and urging the citizens of Lee County to participate in
this worthy cause. The Resolution was accepted by WINK TV anchor Lois Thome, and Harry Chapin Food Bank
Executive Director Al Brislain who, in company with Joyce Jacobs and Florida Gulf Coast University Board President
Jo Anna Bradshaw, graciously thanked the Board and urged everyone to participate in or support this event that will
begin at 9 a.m. at Miromar Outlets. (
#20110016-
County Commissioners)
ANNOUNCEMENTS
Referring to the Agenda
Recap Sheet
dated January 18, 2011, the Chairman announced that:
A Quarterly Budget Status would be presented under County Manager items.
9:30 A.M. AGENDA ITEM
- Public Comment on Agenda Items
Consent (C) and Administrative (A)
The Chairman called for public input and the following individuals came forward:
There were no items pulled for discussion by the individual Commissioners; however, Commissioner
Judah requested and received assurance that the Commissioners had seen the letter referred to in C8D addressed to the
U.S. Army Corps of Engineers, Jacksonville District. He expressed appreciation to County Attorney Susan Henderson
and Natural Resources Director Roland Ottolini for drafting the correspondence.
CONSENT AGENDA
1. COUNTY ADMINISTRATION
A)
ACTION REQUESTED/PURPOSE:
Present to the Board, for information and filing, the Object Code #504015 Expenditure
Detail Report for the first quarter of FY10-11 (October through December 2010) as
#20110007-
COUNTY MANAGER)
FUNDING SOURCE:
Combination of Human Resources, Human Services, Libraries, Non-Departmental, Parks
& Recreation (including Extension Services), Public Resources, Public Safety,
Sustainability and Transit.
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WHAT ACTION ACCOMPLISHES:
Allows Board to monitor expenditures being made by County Departments and Divisions
to this object code.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried.
2. COMMUNITY DEVELOPMENT
No requests received.
3. CONSTRUCTION AND DESIGN
No requests received.
4. COUNTY COMMISSIONERS
No requests received.
5. COUNTY LANDS
A)
ACTION REQUESTED/PURPOSE:
Approve
Easement Purchase Agreement
for acquisition of Parcel 118-AE (±3,300 square
amount of $6,500.00, for the Alico Road/Briarcliff Stormwater Drainage Canal Project No.
4030. Pursuant to the Agreement; authorize payment of costs to close in the approximate
amount of $750.00, and the Division of County Lands to handle all documentation
necessary to complete transaction.
(
#20101261-
COUNTY LANDS)
FUNDING SOURCE:
Road.
WHAT ACTION ACCOMPLISHES:
Acquisition of property necessary for the Alico Road-Briarcliff Stormwater Drainage
Canal Project No. 4030, without the necessity of an eminent domain action.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried.
6. HUMAN SERVICES
A)
ACTION REQUESTED/PURPOSE:
and approve FY10-11 budget resolution in the amount of
$129,244.00.
Also, authorize
Chair to sign
sub-recipient provider contracts
once prepared.
(
#20101255-
HUMAN SERVICES)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Board action is necessary to establish the budget for the awarded funds and sign the service
provider agreements.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried.
RESOLUTION NO. 11-01-28
B)
ACTION REQUESTED/PURPOSE:
Authorize
amendment to Contract #5381,
funded under the Partnering for Results (PFR)
funding stream for FY10-11, which will decrease contract by $64,078.00 or 15%, at
agency's request. Also, authorize Chair to execute Contract Amendment once completed
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by nonprofit agency. (
#20101256-
HUMAN SERVICES)
FUNDING SOURCE:
General Fund Partnering for Results - account string: FC5690200100.508210.
WHAT ACTION ACCOMPLISHES:
Reduces the total amount of contract with Catholic Charities Diocese of Venice.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried.
7. INDEPENDENT
A)
ACTION REQUESTED/PURPOSE:
Library for general library expenses, $50.00 from the Campbell Family in memorial to Ms.
for periodical subscriptions. Accordingly, adopt a budget amendment resolution in the
amount of $1,483.00. (
#20110002-
LIBRARY)
FUNDING SOURCE:
Donations.
WHAT ACTION ACCOMPLISHES:
Authorizes expenditures pursuant to donors' wishes.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried.
RESOLUTION NO. 11-01-29
8. NATURAL RESOURCES/ SOLID WASTE
A)
ACTION REQUESTED/PURPOSE:
Authorize
transfer of funds
in the amount of $885,000.00 from the FY11 Solid Waste
Disposal Program Fund #40100 to the FY11 Landfill Closure Escrow Fund #40107, and
adopt budget amendment resolution in the amount of $885,000.00 to acknowledge receipt
into Fund #40107. (
#20101258-
SOLID WASTE)
FUNDING SOURCE:
Solid Waste System Ops - Disposal Facilities.
WHAT ACTION ACCOMPLISHES:
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried.
RESOLUTION NO. 11-01-30
B)
ACTION REQUESTED/PURPOSE:
Approve, and authorize Chair to execute,
Agreement No. 4600002327,
amendment resolution in the amount of $112,279.00 and authorize expenditures in a like
amount for Project No. 20854930100, Halfway Creek Filter Marsh and amend the
FY10/11-14/15 CIP accordingly. (
#20110003-
NATURAL RESOURCES)
FUNDING SOURCE:
Halfway Creek Filter Marsh.
WHAT ACTION ACCOMPLISHES:
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried.
RESOLUTION NO. 11-01-31
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C)
ACTION REQUESTED/PURPOSE:
Approve, and authorize Chair to execute,
Supplemental Task Authorization (STA) No. 2,
Contract No. 4410 for the project known as Construction & Demolition Processing Facility
Engineering & Permitting in the amount of $46,623.00. This STA will bring the projects'
total services to $119,070.00, requiring Board approval. (
#20110004-
SOLID WASTE)
FUNDING SOURCE:
Professional Services.
WHAT ACTION ACCOMPLISHES:
Provides continuation of engineering and permitting services for the construction &
demolition recycling facility.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried.
D)
ACTION REQUESTED/PURPOSE:
Approve
interest in participating in the area-wide Environmental Impact Statement for phosphate
mining in the Central Florida Phosphate District. (
#20110005-
NATURAL RESOURCES)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Notifies the Corps of the County's willingness to participate and key issues of concern.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried.
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:
Approve the correct contract term for BW-08-03 Dedicated Maintenance Support for the
with the option of renewal for two (2) additional three (3) year terms, up to an estimated
amount of $200,000.00 per year. (
#20101247-
TRANSPORTATION)
FUNDING SOURCE:
(current year)
WHAT ACTION ACCOMPLISHES:
Corrects the intent of the original contract term of the VESystem's (Contract #4313),
Service Provider Agreement.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Approve, and authorize Chair to execute, the attached
Memorandum of Agreement
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monitoring and maintenance of the Bridge Incident Management System (IMS).
(
#20101252-
FUNDING SOURCE:
Upon completion of the installation and final acceptance by the County, maintenance costs
will be charged to DOT Traffic Operating budget as required. Any increased costs should
be offset by enhanced maintenance of the overall traffic signal system.
WHAT ACTION ACCOMPLISHES:
maintenance of the IMS.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried.
13. UTILITIES
A)
ACTION REQUESTED/PURPOSE:
Southwest
(a local contractor), for a total not-to-exceed amount of $434,025.00,
with a total project completion time of 400 calendar days. Also, authorize Chair to execute
the contract upon receipt. (
#20110001-
UTILITIES)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Approves Contractor services for the relocation of the existing LCU water, sewer and
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried.
14. COUNTY ATTORNEY
No requests received.
15. HEARING EXAMINER
No requests received.
16. CONSTITUTIONAL OFFICERS
A)
ACTION REQUESTED/PURPOSE:
Approve disbursement of excess funds resulting from the sale of tax deed certificates to
claimants verified and certified under Florida Statutes 197.582.
Tax Deed
Number
Payee
Amount
c/o Law Offices of Richardson &
Sellers, P.A.
Law Offices of Richardson &
Sellers, P.A.
$2,786.87
$1,961.00
$338.79
2009004810 Coastal Estates, Inc. $3,278.02
$41.32
2009005458 First American Mortgage, Inc. $54,611.78
2009005759 First American Mortgage, Inc. $35,140.21
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2009006068
2009006069
2010000438
2010000474
2010000497
2010001030
2010001236
2010001249
2010001249
Swearingen & Associates, Inc
Commissioners
First American Mortgage, Inc.
Everald Cummings
$5,043.60
$239.73
$14,646.81
$45.46
$30,417.23
$33,771.57
$1,328.22
$399.40
$399.41
(
#20110012-
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.
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Approve the Minutes for the following meetings of the Board of County Commissioners
held during the week of January 3 through January 7, 2011:
January 4, 2011 (Regular).
(
#20110013-
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.
C)
ACTION REQUESTED/PURPOSE:
Approve
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. (
#20100014-
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.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
No requests received.
ADMINISTRATIVE AGENDA
1. COUNTY ADMINISTRATION
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A)
ACTION REQUESTED/PURPOSE:
Approval to select underwriters for the Water & Sewer Refunding Revenue Bonds, Series
2011. (
#20110008-
COUNTY MANAGER)
FUNDING SOURCE:
Fees Paid from Bond Proceeds – Issuance Costs.
WHAT ACTION ACCOMPLISHES:
Provides underwriter selection for the Water & Sewer Refunding Revenue Bonds, Series
2011.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning. Under discussion and responding to
Board questions, Kelly Ryman of Dunlap and Associates provided an overview of the partial refunding of
approximately $100,000,000.00 of the County’s Water and Sewer Series 1999 A Bonds representing a 3% savings.
Ms. Ryman addressed potential limitations as a result of current market conditions and plans to monitor future
maturities. She next addressed the underwriter selection process at the request of Commissioner Mann.
Commissioner Bigelow indicated his satisfaction with the make-up of the Selection Committee. The motion was
called and carried.
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
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.
No requests received.
13. UTILITIES
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No requests received.
14. COUNTY ATTORNEY
No requests received.
15. HEARING EXAMINER
No requests received.
16. CONSTITUTIONAL OFFICERS
No requests received.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
No requests received.
9:30 A.M. AGENDA ITEM –
Public Hearing
1. ACTION REQUESTED/PURPOSE:
Conduct a Public Hearing to adopt a Resolution on Petition to Vacate VAC2010-00023, submitted
by property owner, Ena VanYsseldyk, to vacate the public interest in two (2), internal, abutting six
foot (6') wide Public Utility and Drainage Easements centered along the former common lot line
between Lots 17 and 18, Block 48, Unit #7, as shown on the Plat of Units 7 & 8, Section 25,
and its STRAP number is 25-44-26-07-00048.0180. (
#20101190-
COMMUNITY
DEVELOPMENT)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Extinguishes the internal platted utility and drainage easements on two commonly owned abutting
lots, to enable the construction of a residential addition across the subject easements. There are no
existing facilities within the utility and drainage easement and the easement is not necessary to
accommodate future expansion plans.
MANAGEMENT RECOMMENDATION:
Approve.
Assistant County Attorney Michael Jacob approved, as to legal form and sufficiency, the Affidavit of Publication for
this item, and briefly described the request. Commissioner Judah moved approval, seconded by Commissioner
Manning. The Chairman called for public comment; however, no one came forward. The motion was called and
carried.
RESOLUTION NO. 11-01-32
COMMISSIONER ITEMS
COUNTY ATTORNEY INTERVIEW PROCESS – Commissioner Hall stated she was recently
contacted by a candidate for the County Attorney position and asked whether an interview protocol was in place.
Discussion ensued, with Commissioner Bigelow advising that he personally reached out and conducted interviews
with all but four of the short-listed candidates to date, and planned to interview the remaining four. There was
consensus that, while not illegal to do so, and in the interest of fairness to the candidates, the Commissioners preferred
that interviews be conducted by the Board as a whole during a set time period. County Manager Karen B. Hawes
indicated that reference checks were currently being conducted on each of the candidates, and the proposed selection
timetable, including Board interview schedules, was progressing as expected.
Later in the meeting, following the Quarterly Budget Update under County Manager Items,
Commissioner Mann advised that he is personally acquainted with the following County Attorney candidates: Ann
Dalton, Mike Ciccarone, Andrea Fraser, and possibly a few more. He continued that he is consequently in favor of
each Board member conducting personal interviews of all the candidates as discussed above.
LICENSING ORDINANCE –Commissioner Hall referenced a conversation she had with Community
Development Director Mary Gibbs regarding an existing Ordinance that limits licensing opportunities for a certain
category of vendors. Community Development Plan Review Building Official Bobby Stewart responded to Board
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questions, and there was consensus to review the current Ordinance at the next Management and Planning Committee
meeting.
COMMITTEE APPOINTMENTS
Commissioner Manning moved to appoint Carol Fuechsel to the
HISTORIC PRESERVATION BOARD,
seconded by Commissioner Hall,
called and carried.
COMMUNITY SUSTAINABILITY
COMMITTEE,
and to re
-
HARLEM HEIGHTS STREETLIGHTING UNIT,
seconded by Commissioner Manning, called and carried.
COUNTY MANAGER ITEMS
Quarterly Budget Update,
through December 31,
2010, and advised of the monthly monitoring process. Mr. Winton stated that, while no conclusions can be drawn, the
pattern to date is encouraging, and they continue to meet often with the Constitutional Officers. He also advised of a
stakeholders committee that meets monthly and other measures being evaluated. Mr. Winton and County Manager
Karen Hawes responded to Board questions and agreed to certain budgeting workshops in the February-March
timeframe. Mr. Winton also agreed to provide Commissioner Bigelow with frequent reports of expenditures that are
outside Board approval requirements.
COUNTY ATTORNEY ITEMS
The Chairman adjourned the meeting at 10:30 a.m.
__________________________
___________________________________
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