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BOOK - 2011R - B.O.C.C.-----------------------------------
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FEBRUARY 1, 2011
The
Regular Meeting
of the
was held on this date with the
following Commissioners present:
ANNOUNCEMENTS
Referring to the Agenda
Recap Sheet
dated February 1, 2011, the Chairman announced that there were
no revisions or additions to the Agenda; however, there would be matters presented for discussion under County
Manager and County Attorney Items.
9:30 A.M. AGENDA ITEM
- Public Comment on Agenda Items
Consent (C) and Administrative (A)
Following are Consent Agenda items that each Board member wished to have discussed:
Commissioner Hall - none
Commissioner Manning - none
Commissioner Judah - none
Commissioner Bigelow - none
Commissioner Mann – C10A
CONSENT AGENDA
1. COUNTY ADMINISTRATION
No requests received.
2. COMMUNITY DEVELOPMENT
A)
ACTION REQUESTED/PURPOSE:
of County Commissioners in 2009; add new fees for Temporary Certificates of Occupancy
(CO) and Code Enforcement lien releases; and increase three miscellaneous Contractor
Licensing fees. (
#20110035-
COMMUNITY DEVELOPMENT)
FUNDING SOURCE:
NA
WHAT ACTION ACCOMPLISHES:
Clarifies existing building permit fees for specific categories and subcategories to align
with common industry language, adds two new fees for Temporary CO's and Code
Enforcement lien releases, and adjusts three miscellaneous Contractor Licensing fees.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
3. CONSTRUCTION AND DESIGN
No requests received.
4. COUNTY COMMISSIONERS
No requests received.
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5. COUNTY LANDS
A)
ACTION REQUESTED/PURPOSE:
Authorize the Division of County Lands to make a binding offer to property owner James
Corbitt, in the amount of $2,500.00, for Parcel 116-AE (±957 square feet), easement in
part of STRAP No. 05-46-25-00-00002.011A, for the Alico Road/Briarcliff Stormwater
Drainage Canal Project No. 4030. Pursuant to the
Easement Purchase Agreement,
authorize payment of estimated costs to close of $750.00, and the Division of County
Lands to handle all documentation necessary to complete transaction.
(
#20110047-
COUNTY LANDS)
FUNDING SOURCE:
Road.
WHAT ACTION ACCOMPLISHES:
Authorizes binding offer to property owner.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Approve
Purchase Agreement
for acquisition of Parcel 400 (±9,375 square feet), STRAP
$8,500.00, for the Burnt Store Road Widening Project No. 4088. Pursuant to the Purchase
Agreement, authorize payment of estimated costs to close of $750.00, and the Division of
County Lands to handle all documentation necessary to complete transaction.
(
#20110050-
COUNTY LANDS)
FUNDING SOURCE:
Projects; Project: Burnt Store 4 Lane/78-Van Buren.
WHAT ACTION ACCOMPLISHES:
Voluntary acquisition of property for the Burnt Store Road widening project.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
C)
ACTION REQUESTED/PURPOSE:
Authorize the Division of County Lands to make a binding offer to property owner North
Brook Holdings, L.L.C., in the amount of $5,000.00, for Parcel 123-WPE (±24,566 square
Plant Wellfield Expansion Project No. 7602. Pursuant to the Purchase Agreement,
authorize payment of estimated costs to close of $1,000.00, and the Division of County
Lands to handle all documentation necessary to complete transaction.
(
#20110051-
COUNTY LANDS)
FUNDING SOURCE:
Water Treatment Plant Wellfield Expansion 7602.
WHAT ACTION ACCOMPLISHES:
Authorizes binding offer to property owner.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
D)
ACTION REQUESTED/PURPOSE:
Authorize the Division of County Lands to make a binding offer to property owner North
Brook Holdings, L.L.C., in the amount of $45,000.00 for Parcels 122 (±40,000 square feet)
and 122-WPE (±39,678 square feet), STRAP No.: 21-43-25-00-00002.0000, for the North
Purchase Agreement, authorize payment of estimated costs to close of $1,500.00, and the
Division of County Lands to handle all documentation necessary to complete the
transaction. (
#20110052-
COUNTY LANDS)
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FUNDING SOURCE:
Water Treatment Plant Wellfield Expansion 7602.
WHAT ACTION ACCOMPLISHES:
Authorizes binding offer to property owner.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
E)
ACTION REQUESTED/PURPOSE:
Authorize the Division of County Lands to make a binding offer to property owner Fretter
Alumni, LLC., in the amount of $3,600.00 for Parcel 1 (±2,100 square feet), STRAP No.:
254 to Kelly Road) Project No. 7313. Pursuant to the Purchase Agreement, authorize the
payment of estimated costs to close of $750.00, and the Division of County Lands to
handle all documentation necessary to complete the transaction.
(
#20110053-
COUNTY LANDS)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Authorizes binding offer to property owner.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
F)
ACTION REQUESTED/PURPOSE:
Authorize the Division of County Lands to make a binding offer to property owner
Kevin
Charles Himschoot,
in the amount of $3,700.00 for Parcel 2 (±3,020 square feet), STRAP
Station 254 to Kelly Road) Project No. 7313. Pursuant to the Purchase Agreement,
authorize the payment of estimated costs to close of $750.00, and the Division of County
Lands to handle all documentation necessary to complete transaction.
(
#20110054-
COUNTY LANDS)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Authorized binding offer to property owner.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
G)
ACTION REQUESTED/PURPOSE:
Authorize the Division of County Lands to make a binding offer to property owner
Scratch
and Dent Shop, Inc.
, in the amount of $3,900.00 for Parcel 3 (±3,307 square feet), STRAP
Station 254 to Kelly Road) Project No. 7313. Pursuant to the Purchase Agreement,
authorize the payment of estimated costs to close of $750.00, and the Division of County
Lands to handle all documentation necessary to complete transaction.
(
#20110055-
COUNTY LANDS)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Authorizes binding offer to property owner.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
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H)
ACTION REQUESTED/PURPOSE:
Authorize the Division of County Lands to make a binding offer to property owner
Danny
in the amount of $4,400.00, for Parcel 5 (±3,300 square feet), STRAP No. 32-
to Kelly Road) Project No. 7313. Pursuant to the Purchase Agreement, authorize the
payment of estimated costs to close of $850.00, and the Division of County Lands to
handle all documentation necessary to complete transaction.
(
#20110056-
COUNTY LANDS)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Authorizes binding offer to property owner.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
6. HUMAN SERVICES
No requests received.
7. INDEPENDENT
A)
ACTION REQUESTED/PURPOSE:
Approve
Budget Transfer
Services in the Riverdale Shores Special Improvement Unit #10232.
(
#20110011-
PUBLIC RESOURCES)
FUNDING SOURCE:
Funds available in the Riverdale Shores Special Improvement Unit Reserve Account.
WHAT ACTION ACCOMPLISHES:
Allows Riverdale Shores Special Improvement Unit to access funds set aside specifically
for the purpose of drainage system maintenance.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
8. NATURAL RESOURCES/ SOLID WASTE
A)
ACTION REQUESTED/PURPOSE:
Approve
transfer
from Solid Waste Operating Fund Reserves to Solid Waste Operating
Fund Non-Recurring Expense to issue repayment of approximately $865,256.00 to the
current registered property owners within the Upper Captiva MSTU for reimbursement of
Hurricane Charley debris disposal costs (less administrative costs).
(
#20110031-
SOLID WASTE)
FUNDING SOURCE:
Fund - Solid Waste Operating Fund; Program - Hurricane Projects; Project - Hurricane
Charley.
WHAT ACTION ACCOMPLISHES:
Reimburse current registered property owners for expenses related to Hurricane Charley
debris removal activities. Administrative Code 3-6 requires County Manager approval for
transfers from reserves.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Approve
Change Order No. 10 with HDR,
Inc. for an amount not to exceed $497,500.00
and a term of one (1) year for required engineering services related to the waste-to- energy
facility (WTE) including maintenance punch-lists, equipment inventory, quarterly and
annual reports all in accordance with the Covanta Amended and Restated Service
Agreement and other System requirements. Also, authorize an extension of two additional
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one-year periods for this work, as long as each subsequent annual price does not exceed
the price shown above. This Change Order constitutes a term extension of the existing
Professional Service Agreement. (
#20110043-
SOLID WASTE)
WHAT ACTION ACCOMPLISHES:
Provides engineering services related to the expanded WTE facility
operations/maintenance monitoring and other system reporting.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
9. PARKS AND RECREATION
No requests received.
10. PUBLIC SAFETY
A)
ACTION REQUESTED/PURPOSE:
Approve removal of account balances of non-collectible contractual write-offs and or bad
debt accounts from both Emergency Medical Services primary ambulance billing vendor
Medicaid, HMO insurance companies is $4,310,087.88 (08-09 / 27,826 accounts) and
uncollectible debt of $1,759,417.80 (07-08 / 7,950 accounts). The write-off of
uncollectible debt is the result of bankruptcy; court probates; prisoner transports; account
adjustments from legal and or insurance company requests; and financial hardship
uncollectible debt are $1,983,285.11 (6,651 accounts). The total account balances to be
removed from the EMS receivable balance is $8,052,790.79.
(
#20110006-
PUBLIC SAFETY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
The action reduces the accounts receivable balance to reflect actual anticipated revenue to
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
Public Safety EMS Manager David Kainrad and Assistant County Manager Pete Winton addressed questions posed
during public comment and by the Board. Commissioner Judah moved approval, seconded by Commissioner
Manning, called and carried.
11. PUBLIC WORKS ADMINISTRATION
No requests received.
12. TRANSPORTATION
No requests received.
13. UTILITIES
A)
ACTION REQUESTED/PURPOSE:
Developer Contributed Asset: Approve construction of a water distribution and gravity
and sanitary sewer service to this proposed commercial subdivision. This asset project is
(
#20110032-
UTILITIES)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Provides adequate utility infrastructure to support development of the subject property, and
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MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Authorize Chair to sign
Amendment No. 2 to State Revolving Fund (SRF) Loan
Agreement WW392330,
to increase the amount of the loan funding for construction costs
Transmission line projects. Also, approve Budget Amendment Resolution in the amount
of $10,000,000.00 received from FDEP. (
#20110045-
UTILITIES)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Action secures an additional $10,000,000 at an interest rate of 2.22% to fund the
projects.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NO. 11-02-01
14. COUNTY ATTORNEY
A)
ACTION REQUESTED/PURPOSE:
#20110057-
COUNTY ATTORNEY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Conforms Code to current statutory requirements and County practices.
MANAGEMENT RECOMMENDATION:
Updates procedures to reflect governing regulations and current practices.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NO. 11-02-02
15. HEARING EXAMINER
No requests received.
16. CONSTITUTIONAL OFFICERS
A)
ACTION REQUESTED/PURPOSE:
Approve Sheriff’s expenditure in the Law Enforcement Trust (LET) – Crime Prevention
Fines Statute 775.083 Fund #10505 of $50,000.00 to support the Civil Citation program
(prevent juvenile delinquency, reduce juvenile crime and reduce disproportionate minority
contact with the criminal justice system). Also, approve
interfund transfer of $66,000.00
to the General Fund to continue support of the Human Services administered
Neighborhood Building Program. Additionally, approve Sheriff’s expenditure and
transfer
from reserves in the LET Fund #10500 for $193,050.00
for prevention and education
programs. (
#20110026-
SHERIFF)
FUNDING SOURCE:
Law Enforcement Trust Fund.
WHAT ACTION ACCOMPLISHES:
Allow funds to be expended in the current fiscal year.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
B)
ACTION REQUESTED/PURPOSE:
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FY 10/11 from revenues collected from various fees, services, etc., that were collected by
the Sheriff's Office during the period of 10/1/10 through 1/6/11. Also, approve transfers
within budget line items within the Sheriff's Office allocation. (
#20110027-
SHERIFF)
FUNDING SOURCE:
General Fund.
WHAT ACTION ACCOMPLISHES:
Board approval is needed to expend funds collected.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
C)
ACTION REQUESTED/PURPOSE:
Approve
disbursements.
The check and wire registers may be viewed on the Clerk's
(
#20110068-
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 Manning, called and carried.
D)
ACTION REQUESTED/PURPOSE:
Approve Minutes for the following meetings of the Board of County Commissioners held
during the week of January 17, 2011 through January 21, 2011:
January 18, 2011 (Regular)
(
#20110069-
MINUTES)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Approval of the Board Minutes, pursuant to Florida Statute 286.011.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
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
No requests received.
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5. COUNTY LANDS
A)
ACTION REQUESTED/PURPOSE:
Waive competitive bidding on purchase of Road Impact Fee Credits for the construction of
the new Emergency Operations Facility on Ortiz Avenue, and authorize staff to negotiate
directly with the seller of the road impact fee credits offering the highest discount. Also,
authorize Chair to execute the
Impact Fee Credit Agreement,
and County staff to process
documentation necessary to complete the transaction. Finally, authorize payment of road
#20110063-
COUNTY LANDS)
FUNDING SOURCE:
Operations Center.
WHAT ACTION ACCOMPLISHES:
the new Emergency Operations Facility.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
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
No requests received.
14. COUNTY ATTORNEY
A)
ACTION REQUESTED/PURPOSE:
Approve the Resolution of Necessity for the acquisition and condemnation of Parcel 171-
Project No. 7602. (
#20110048-
COUNTY ATTORNEY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
MANAGEMENT RECOMMENDATION:
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Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning. Following response by County Lands
Director Karen Maguire and Interim County Attorney Andrea Fraser to questions on efforts to work with property
owners prior to condemnation, the motion was called and carried.
RESOLUTION NO. 11-02-03
15. HEARING EXAMINER
No requests received.
16. CONSTITUTIONAL OFFICERS
No requests received.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
No requests received.
COMMISSIONER ITEMS
Marine Concepts, a Cape Coral business, on their anniversary and ability to re-invent their business during this
economic climate. Commissioner Judah added his congratulations and underscored that, due to the County’s
public/private partnerships and incentive funding, this local company continued in business and was able to retain its
employees.
LEGISLATIVE MATTER - Commissioner Judah pointed out that the Legislature may be looking at
pre-empting new fertilizer Ordinances and moved to request staff to draft a
position statement
in opposition to such a
proposal. The motion was seconded by Commissioner Hall, called and carried. Assistant County Manager Holly
Schwartz agreed to draft the position statement for signature.
SUSTAINABILITY COMMITTEE - Commissioner Bigelow responded to an inquiry by Chairman
Mann on his appointment plans in light of a recent resignation request by a current member of the Sustainability
Committee.
COMMITTEE APPOINTMENTS
Commissioner Hall moved to appoint Nicholas Spaech to the
LAND DEVELOPMENT CODE
ADVISORY COMMITTEE,
seconded by Commissioner Manning, called and carried.
COASTAL ADVISORY
COMMITTEE
AFFORDABLE HOUSING ADVISORY COMMITTEE
(
Resolution
No. 11-02-04)
. Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried.
COUNTY MANAGER ITEMS
scheduled for Saturday, February 5, 2011, entailing a panel interview of seven (7) County Attorney applicants.
Interim County Attorney Andrea Fraser opined that the Board may engage in public discussion following the
interview process, but a final selection should not be made prior to the Regular Board meeting of Tuesday, February
8, 2011, at which time the Board could finalize a selection for County Attorney.
COUNTY ATTORNEY ITEMS
3:00 p.m. today on Conservation 2020 property, north of State Route 82.
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The Chairman adjourned the meeting at 10:07 a.m.
__________________________
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