Search terms: * |
BOOK - 2011R - B.O.C.C.-----------------------------------
-----------------------------------------
-------------------------------------- PAGE: 77
FEBRUARY 15, 2011
The
Regular Meeting
of the
was held on this date with the
following Commissioners present:
The Chairman called the meeting to order at 9:30 a.m. The Invocation was given by Chairman Frank
Mann, followed by the Pledge of Allegiance to the Flag.
PRESENTATIONS
th
acknowledged the runners-up, and announced the winner of this year’s award as B. J. Gerald. On behalf of the many
#20110103-
Public Resources)
Memorial Award, and recognized Lee County employees who, while faced with adversity, maintained a positive
attitude toward their job and life in general and inspired others. Ms. Brady congratulated the nominees and announced
the winner of this year’s award was Raymond Herrmann of Solid Waste. Mr. Herrmann accepted the award and
thanked everyone. (
#20110038-
Human Resources)
ANNOUNCEMENTS
Referring to the Agenda
Recap Sheet
dated February 15, 2011, the Chairman announced that:
One Carry-over item would be taken at the appropriate time and One Walk-on item would be taken as
the final agenda item.
9:30 A.M. AGENDA ITEM
- Public Comment on Agenda Items
Consent (C) and Administrative (A)
There were no Consent Agenda items pulled for discussion by the individual Commissioners.
CONSENT 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.
5. COUNTY LANDS
No requests received.
------------------------------------------
---APPROVED MINUTES OF 021511R-------------------------------------
-------------------------
BOOK - 2011R - B.O.C.C.-----------------------------------
-----------------------------------------
-------------------------------------- PAGE: 78
6. HUMAN SERVICES
No requests received.
7. INDEPENDENT
No requests received.
8. NATURAL RESOURCES/ SOLID WASTE
A)
ACTION REQUESTED/PURPOSE:
Request permission from the Board to reduce temporary labor for Solid Waste provider,
Pacesetter Personnel Services, performance guaranty, currently in the form of a
performance bond from $318,000.00 annually to $240,000.00 for quote Q-090460
Temporary Labor for Solid Waste. Due to a county wide decrease in temporary labor
services provided by Pacesetter Personnel Services, vendor has requested to have the
amount of their performance bond reduced. (
#20110083-
SOLID WASTE)
FUNDING SOURCE:
Multiple sources.
WHAT ACTION ACCOMPLISHES:
Allows the awarded vendor, Pacesetter Personnel Services, to reduce their acquisition costs
for the required performance bond based on diminishing county requirements for
temporary labor services.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Adopt and authorize the Chair to sign the revised
Internal Reliability Compliance Program
(IRCP)
#20110096-
SOLID WASTE)
FUNDING SOURCE:
Funds are budgeted in the Solid Waste Enterprise Fund, Operations-Disposal budget for
compliance monitoring.
WHAT ACTION ACCOMPLISHES:
Establishes a revised internal quality control program to maintain compliance with
governmental regulations promulgated by the Federal Energy Regulatory Commission and
administered through NERC and FRCC. The revised IRCP conforms to FRCC
10/16/10.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, 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:
Award B-11-09 County-wide Roadway Resurfacing Improvements, Contract 1 FY 11 to
the lowest responsive, responsible bidder meeting all bid requirements,
------------------------------------------
---APPROVED MINUTES OF 021511R-------------------------------------
-------------------------
BOOK - 2011R - B.O.C.C.-----------------------------------
-----------------------------------------
-------------------------------------- PAGE: 79
Contracting
(a local Contractor) in the not-to-exceed amount of $1,157,355.00, with a
project completion time of 180 calendar days. Also, authorize Chair to execute contract on
behalf of the Board upon receipt. (
#20110025-
TRANSPORTATION)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Provides a Contractor for the rebuilding and resurfacing of approximately 120 streets
within Lehigh Acres.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
13. UTILITIES
A)
ACTION REQUESTED/PURPOSE:
Interlocal Agreements (BS 20110030/18445, SIV-SDG): Authorize Chair, on behalf of the
Board, to approve the Interlocal Agreements for Emergency Potable Water Interconnect
between:
1)
2)
Also, approve
Budget Transfer
in the amount of $790,000.00 from the Corkscrew Road &
Utility project (CIP 7604), and amend the FY10/11 CIP budget accordingly.
(
#20110030-
UTILITIES)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
the BSU water distribution system and the Town’s system in the event of an emergency.
MANAGEMENT RECOMMENDATION:
Approval.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Utilities (LCU), to the lowest, responsive, responsible bidder,
Guymann Construction
of
total project completion time of 180 calendar days. Also, authorize Chair to execute
contract on behalf of the Board upon receipt. (
#20110089-
UTILITIES)
FUNDING SOURCE:
Fund: Utilities Water Connection Fees; Program: Capital Projects; Project: US41 North
WHAT ACTION ACCOMPLISHES:
Provides the County with a Contractor to install approximately 6,100 feet of 16-inch DIP
water main replacing existing 8-inch AC water main.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
14. COUNTY ATTORNEY
No requests received.
15. HEARING EXAMINER
No requests received.
------------------------------------------
---APPROVED MINUTES OF 021511R-------------------------------------
-------------------------
BOOK - 2011R - B.O.C.C.-----------------------------------
-----------------------------------------
-------------------------------------- PAGE:
16. CONSTITUTIONAL OFFICERS
A)
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. (
20110104-
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 Manning, 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 31 through February 5, 2011:
February 1, 2011 (Regular)
(
#20110106-
MINUTES)
FUNDING SOURCE:
Not Applicable.
WHAT ACTION ACCOMPLISHES:
Approval of the Board Minutes, pursuant to Florida Statute 286.011.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
C)
ACTION REQUESTED/PURPOSE:
Approve disbursement of excess funds resulting from the sale of tax deed certificates to the
claimants verified and certified under Florida Statutes 197.582 as follows:
Tax Deed No.
2009-003420
2009005443
2009005799
2010000607
2010000607
2010001234
Payee
Amount
$229.95
$763.51
$1,145.74
$1,145.73
$237.76
$237.76
$13.86
(
#20110107-
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 Hall moved approval, seconded by Commissioner Manning, called and carried.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
No requests received.
80
------------------------------------------
---APPROVED MINUTES OF 021511R-------------------------------------
-------------------------
BOOK - 2011R - B.O.C.C.-----------------------------------
-----------------------------------------
-------------------------------------- PAGE: 81
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.
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
A)
ACTION REQUESTED/PURPOSE:
Approve budget amendment resolution to reduce the E-911 System fund #15201,
$1,565,725.00 because a sub fund transfer will not be executed. The
transfer
amount
instead will be used for equipment upgrades and renovations paid from the E-911
operating fund #15200. (
#20110080-
PUBLIC SAFETY)
FUNDING SOURCE:
E 9-1-1 User Fees.
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.
RESOLUTION NO. 11-02-09
11. PUBLIC WORKS ADMINISTRATION
No requests received.
12. TRANSPORTATION
No requests received.
------------------------------------------
---APPROVED MINUTES OF 021511R-------------------------------------
-------------------------
BOOK - 2011R - B.O.C.C.-----------------------------------
-----------------------------------------
-------------------------------------- PAGE: 82
13. UTILITIES
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 AM PUBLIC HEARING
1. ACTION REQUESTED/PURPOSE:
Conduct a Public Hearing to adopt a Resolution on Petition to Vacate VAC2010-00012, submitted
t
o vacate portions of the twelve-foot (12’)
wide Public Utility Easements centered on the common lot line between lots 1 and 2, 2 and 3, 3
and 4, 4 and 5, 5 and 6 together with the 6-foot wide Public Utility Easement on lot 6 along the
common lot line with lot 7 less and except the 6-foot wide perimeter easement abutting roadway
rights-of-way, all in Block 23, Unit 5 Lehigh Acres recorded in Plat Book 15 at Page 85 of the
(
#20101260-
COMMUNITY DEVELOPMENT)
FUNDING SOURCE:
No funding required.
WHAT ACTION ACCOMPLISHES:
Extinguishes portions of the public utility easements eliminating the associated encumbrances to
facilitate development of the unified site as a convenience food and beverage store. The partial
easement vacation will not alter existing drainage and utility conditions, and the easement is not
necessary to accommodate any future drainage and/or utility requirements.
MANAGEMENT RECOMMENDATION:
Approve.
Affidavit of Publication
for
the 9:30 a.m. Agenda Item No. 1; and briefly reviewed this request. Commissioner Manning moved approval,
seconded by Commissioner Hall. The Chairman called for public input; however, no one came forward. Following
comments from the Board, the motion was called and carried.
RESOLUTION NO. 11-02-10
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
WALK-ON ITEM NO. 1 WOULD BE TAKEN AS THE FINAL AGENDA.
WALK-ON ITEM NO. 1
7. INDEPENDENT
ACTION REQUESTED/PURPOSE:
Board discussion with selected County Attorney candidate. (
#20110121-
HUMAN RESOURCES)
FUNDING SOURCE:
N/A
At the request of the Chairman, Selected County Attorney Michael Hunt spoke of his family, hobbies, and career.
During Board discussion: Commission Hall requested that a clause for termination without cause be considered
during the contract negotiations. Chairman Mann noted that Mr. Hunt had been provided a copy of a suggested
contract, and it was noted that the Board members would be provided a copy of the suggestions of the Attorney’s
Office. Commissioner Judah distributed his
written questions
------------------------------------------
---APPROVED MINUTES OF 021511R-------------------------------------
-------------------------
BOOK - 2011R - B.O.C.C.-----------------------------------
-----------------------------------------
-------------------------------------- PAGE: 83
Board, County Manager and Minutes Clerk. Commissioner Bigelow requested equity for Contract Employees related
to vacation provisions.
CARRY-OVER ITEM NO. 1
1. COUNTY ADMINISTRATION
ACTION REQUESTED/PURPOSE:
Consider
VR Laboratories, LLC
(Project #LC-10-11-01) incentive request for a $5,000,000.00
ingredients and products manufacturing facility, research and development laboratories, and
company headquarters. (
#20110094-
ECONOMIC DEVELOPMENT).
FUNDING SOURCE:
General Fund – Economic Development Opportunities.
WHAT ACTION ACCOMPLISHES:
target industry based employment.
MANAGEMENT RECOMMENDATION:
Approve.
REASON FOR CARRY OVER:
Deferred on December 14, 2010.
Commissioner Hall moved approval, seconded by Commissioner Judah for discussion. Economic Development
Director Jim Moore provided a brief presentation of the incentive request and introduced the investor and personnel of
VR Laboratories, LLC. VR Laboratories, LLC Executive Chairman Reginald Steele addressed the Board and briefly
explained the company’s proposal. Following Board comments and appreciation to Lee County personnel involved in
this project, the motion was called and carried, with Commissioner Bigelow voting nay.
COMMISSIONER ITEMS
noted that the Mayor of Cape Coral and the Council opposed to the overpass, and suggested that the Department of
Transportation provide clarification on the use of the bridge surplus toll revenue. During discussion, Assistant County
Manager Doug Meurer offered to provide a summary of the meetings held with the City of Cape Coral Staff to be
brought back to the next Management and Planning (M&P) meeting sometime in April 2011.
Mayor Larry Kiker and Town Manager Terry Stewart, Commissioner Bigelow asked if there were three (3) votes
from the Board, would there be support to move forward with the Town’s request to take possession of the property?
Commissioner Hall suggested this item be taken in an M&P meeting, while Chairman Mann noted this item had been
discussed at the Tourist Development Council (TDC) meeting the other day, and suggested that this be taken up at the
next TDC meeting.
COMMITTEE APPOINTMENTS
CHERRY/BLUEBERRY
IMPROVEMENT UNIT ADVISORY COMMITTEE,
reappoint Orv Curry to the
PARTNERING FOR
RESULTS COMMITTEE,
RESOLUTION NO. 11-02-11)
to the
HISPANIC
AFFAIRS ADVISORY BOARD,
seconded by Commissioner Hall, called and carried.
STREETLIGHTING UNIT ADVISORY COMMITTEE
PARTNERING FOR
RESULTS COMMITTEE
, seconded by Commissioner Hall, called and carried.
Commissioner Judah moved to appoint Councilman Slachta to the
PARTNERING FOR RESULTS COMMITTEE
,
seconded by Commissioner Hall, called and carried.
COUNTY MANAGER ITEMS
Finance and
Taxation Committee
that had recently been formed with nine (9) members (copy on file in the Minutes Office). Mr.
Winton briefly noted the purpose of the committee, and reported that meetings will be held monthly. Board
discussion ensued with Mr. Winton responding to questions. Commissioner Manning left the meeting briefly.
Chairman Mann thanked all the volunteers for their time.
------------------------------------------
---APPROVED MINUTES OF 021511R-------------------------------------
-------------------------
BOOK - 2011R - B.O.C.C.-----------------------------------
-----------------------------------------
-------------------------------------- PAGE: 84
equity of furloughs for County
union employees and non-union employees
(copy on file in the Minutes Office). Board discussion ensued with Ms.
Hawes responding to questions. Commissioner Manning moved to direct County management to continue to strive
for equal treatment for all employees, seconded by Commissioner Judah. Following further discussion, the motion
was called and carried with Commissioner Bigelow dissenting.
COUNTY ATTORNEY ITEMS
case will be on February 25, 2011, and requested that a Board member be appointed as a representative to be present
during the mediation.
The Chairman adjourned the meeting at 11:18 a.m.
__________________________
________________________________
------------------------------------------
---APPROVED MINUTES OF 021511R-------------------------------------
-------------------------