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BOOK - 2011R - B.O.C.C.-----------------------------------
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AUGUST 30, 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.
ANNOUNCEMENTS
Referring to the Agenda
Recap Sheet
dated August 30, 2011, the Chairman announced that:
One Walk-On and one Carry-Over item would be heard at the appropriate time in the Agenda.
9:30 A.M. AGENDA ITEM
- Public Comment on Agenda Items
Consent (C) and Administrative (A)
C7A -
Edd Weiner
representing Lehigh Acres Development Team and Transit Development Task
Force.
The following are Consent Agenda items that each Board member wished to have discussed:
Commissioner Bigelow – 3A, 3B and 8A
Commissioner Judah - none
Commissioner Mann - none
Commissioner Manning - none
Commissioner Hall - 8A
CONSENT AGENDA
1. COUNTY ADMINISTRATION
No requests received.
2. COMMUNITY DEVELOPMENT
No requests received.
3. CONSTRUCTION AND DESIGN
A)
ACTION REQUESTED/PURPOSE:
Approve Budget Resolution and
Budget Transfer
in the amounts of $34,650.00 from
Capital Improvement Fund Reserves and $248,872.00 from Unincorporated Reserves for a
Also amend the CIP budget for FY 10/11 - 14/15 accordingly.
(
#20110640-
CONSTRUCTION AND DESIGN)
FUNDING SOURCE:
Fund - Capital Improvement Fund; Program - Capital Project; Project - Ten Mile Linear
WHAT ACTION ACCOMPLISHES:
Provides funds for attorney fees and expert witness fees and costs for eminent domain
cases related to construction of Ten Mile Linear Park.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
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Commissioner Bigelow disclosed a potential conflict of interest, as a result of property owned by his father in close
proximity to the subject property, and stated he the would recuse himself from the vote. Commissioner Judah moved
approval, seconded by Commissioner Manning, called and carried with Commissioner Bigelow abstaining (
Form 8B
on file in the Minutes Office)
.
RESOLUTION NO. 11-08-40
B)
ACTION REQUESTED/PURPOSE:
Authorize staff to act as the Construction Manager and solicit informal sub contractor local
accordance with Florida Statute 255.20, where each project cost cannot exceed
$300,000.00 and the electrical work cannot cost more than $75,000.00.
(
#20110662-
CONSTRUCTION AND DESIGN)
FUNDING SOURCE:
Fund: Human Services Grant-Construction; Programs: CDBG YR 17 (FY06-07), YR 18
(FY07-08), YR19 (FY08-09), YR20 (FY09-10) AND YR21 (FY10-11), Projects: Pine
WHAT ACTION ACCOMPLISHES:
Construct a 1,000 square foot Community Center with associated site work including but
not limited to site preparation, driveway, parking, landscaping, gates.
Construct a storage addition of 433 square foot with site work including, but not limited to,
site preparation, driveway, parking, landscaping.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
Commissioner Bigelow moved approval, seconded by Commissioner Judah. Commissioner Bigelow explained that
he wished to commend staff for their handling of this project with an in-house Construction Manager. The motion
was called and carried.
4. COUNTY COMMISSIONERS
No requests received.
5. COUNTY LANDS
A)
ACTION REQUESTED/PURPOSE:
Approve, and authorize Chair to execute,
Right-of-Way Donation Agreement
with
property owner Lowe’s Home Centers, Inc., for donation of ±8,177 square foot (SF),
STRAP No’s.: 35-47-25B3-00117.002B, 35-4-25-B3-00119.0010, 35-47-25-B3-
Widening Project No. 5720; also, authorize payment of costs and fees to close in the
approximate amount of $100.00; and the Division of County Lands to execute and accept
all documentation necessary to complete this transaction.
(
#20110655-
COUNTY LANDS)
FUNDING SOURCE:
Fund: Road Impact Fees Southwest District; Program: Capital Projects; Project: Bonita
Beach Road Widening Project 5720.
WHAT ACTION ACCOMPLISHES:
Provides donated fee interest right of way for right turn lane.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Approve, and authorize Chair to execute, an Easement Purchase Agreement with property
owner
, for acquisition of Parcel 4, STRAP No. 32-45-
Project 7313, in the amount of $5,000.00; authorize payment of estimated costs to close of
$500.00, and the Division of County Lands to handle all documentation necessary to
complete this transaction. (
#20110657-
COUNTY LANDS)
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FUNDING SOURCE:
Ridge, Orange Riv, Ortiz.
WHAT ACTION ACCOMPLISHES:
proceedings.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
C)
ACTION REQUESTED/PURPOSE:
Approve, and authorize Chair to execute, an Easement Purchase Agreement with property
owner
for acquisition of a 105 square foot (SF)
perpetual
utility easement,
Parcel 110 PUE, a 193 SF
temporary construction easement,
Parcel 110
00002.0150., for Waste Water Treatment Plant Flow (WWTP) Diversion Project No. 7315,
in the amount of $600.00; also, authorize payment of estimated costs and fees to close of
$500.00, and the Division of County Lands to execute and accept all documentation
necessary to complete this transaction. (
#20110658-
COUNTY LANDS)
FUNDING SOURCE:
Estates Wastewater Treatment Plant Flow Diversion.
WHAT ACTION ACCOMPLISHES:
Acquires Parcel 110 PUE and 110 TCE necessary for Project.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
6. HUMAN SERVICES
No requests received.
7. INDEPENDENT
A)
ACTION REQUESTED/PURPOSE:
Adopt LeeTran’s 2011 Transit Development Plan for fiscal years 2012 through 2021.
(
#20110620-
TRANSIT)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Meets the FDOT planning requirement, and provides a growth plan for LeeTran which is
Transportation Plan.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
8. NATURAL RESOURCES/ SOLID WASTE
A)
ACTION REQUESTED/PURPOSE:
(non-
local firm) for a not-to-exceed amount of $413,748. In accordance with the Request for
award. Also, approve
transfer
Restoration project in the amount of $136,144.00, and authorize the Chair to execute the
Professional Services Agreement. (
#20110664-
NATURAL RESOURCES)
FUNDING SOURCE:
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WHAT ACTION ACCOMPLISHES:
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
Natural Resources Marine Operations Manager Steve Boutelle responded to questions by Commissioner Bigelow on
the funding and reimbursement mechanism of this project, and the selection process. Commissioner Judah moved
approval, seconded by Commissioner Manning. At the request of Commissioner Hall, Mr. Boutelle agreed to provide
a letter outlining projected beach re-nourishment projects to insure adequate funds are being set aside. Following
additional discussion, the motion was 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
No requests received.
13. UTILITIES
No requests received.
14. COUNTY ATTORNEY
A)
ACTION REQUESTED/PURPOSE:
Tuesday, September 27, 2011 at 9:30 a.m., or as soon thereafter as it may be heard.
(
#20110677-
COUNTY ATTORNEY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Eliminates any potential violation of the regulatory preemption pertaining to firearms,
ammunition and components thereof adopted by the Florida Legislature in Florida Statutes
Chapter 790.
MANAGEMENT RECOMMENDATION:
Approve authorization to advertise for and conduct a Public Hearing on Tuesday,
September 27, 2011 at 9:30 a.m.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried
15. HEARING EXAMINER
No requests received.
16. CONSTITUTIONAL OFFICERS
A)
ACTION REQUESTED/PURPOSE:
Approve the Minutes for the following meetings of the Board of County Commissioners
held during the week of August 15 through August 19, 2011:
August 15, 2011 (Zoning), August 16, 2011 (Regular).
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(#20110675-
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 Manning, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Approve
disbursements.
The check and wire registers may be viewed on the Clerk's
Website at WWW.LEECLERK.ORG by accessing the BoCC Minutes and Documents
link. (
#20110678-
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.
C)
ACTION REQUESTED/PURPOSE:
Present for information purposes interim reporting on selected financial activity and
provide an update on the economic changes in today's market (see background
information). (
#20110679-
FINANCE)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
County Board of County Commissioners. Included in this report in compliance with
Chapter 218.415, Florida Statutes, Local Investment Policies, is the stated and fair market
Ordinance 02-28 activity for the Driver’s Education Safety Trust Fund.
MANAGEMENT RECOMMENDATION:
The purpose of this report is to convey the financial status of selected significant funds of
expenditures as of the stated dates, and the market value of investments managed by the
Clerk’s Office on behalf of the Board.
Commissioner Hall 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
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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.
12. TRANSPORTATION
A)
ACTION REQUESTED/PURPOSE:
Approve
budget transfer
Bridge Parkway), in the amount of $140,000.00 to be used to upgrade the existing
landscaping on Business 41 from SR 78 (Bayshore Road) to Littleton Road. Amend the FY
2010/11-2014/15 CIP accordingly. (
#20110654-
TRANSPORTATION)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
13. UTILITIES
No requests received.
14. COUNTY ATTORNEY
A)
ACTION REQUESTED/PURPOSE:
Parcel 137, Burnt Store Road Project. (
#20110665-
COUNTY ATTORNEY)
FUNDING SOURCE:
Fund: toll surplus, land; Program: Capital Improvement Project; Project: Burnt Store
Road.
WHAT ACTION ACCOMPLISHES:
Settles all claims for condemnation of Parcel 137 except taxable costs.
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MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Hall. Following a brief point of information by
B)
ACTION REQUESTED/PURPOSE:
Approve the Resolution of Necessity for the acquisition and condemnation of Parcel 3,
Project No. 7320. (
#20110642-
COUNTY ATTORNEY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Allows the County to proceed with condemnation, if required, of the necessary parcels for
Project No. 7320.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried.
RESOLUTION NO. 11-08-41
C)
ACTION REQUESTED/PURPOSE:
Approve the Amended Resolutions of Necessity for the acquisition and condemnation of
(
#20110643-
COUNTY ATTORNEY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Allows the County to proceed with condemnation, if required, of the necessary parcels for
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried.
RESOLUTION NOS.
11-08-42
and
11-08-43
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
13. UTILITIES
ACTION REQUESTED/PURPOSE:
Adjustment (EDA) Grant application; and provide electronic signatures, on behalf of the
Board of County Commissioners. The EDA grant application is for the Investments for
Public Works and Economic Development Facilities funds for 50% reimbursement for the
engineering design services for expanding the wastewater force main along Alico Road.
(
#20110694-
UTILITIES)
FUNDING SOURCE:
50% Grant and 50% Utilities Wastewater Connection Fees (48713).
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WHAT ACTION ACCOMPLISHES:
Provides staff authorization to submit the EDA grant application electronically; and,
allows the LCU Director to electronically sign all necessary forms for an EDA grant
application on behalf of the Board.
MANAGEMENT RECOMMENDATION:
Approve.
REASON FOR WALK ON:
This is a time sensitive issue because the grant application must be submitted prior to
September 15, 2011. EDA has suggested applicants submit electronically prior to
September 8, 2011.
Commissioner Hall moved approval, seconded by Commissioner Manning. Utilities Director Pam Keyes responded
to a question by Commissioner Bigelow, and the motion was called and carried.
CARRY-OVER ITEM NO. 1
10. PUBLIC SAFETY
ACTION REQUESTED/PURPOSE:
Approve Bid Waiver #W-110417 to waive the formal quotation procedure, and allow
Public Safety to purchase radios, major and minor repairs and replacement parts,
components and ancillaries; including, but not limited to, personal computers, servers and
Equipment Communications (a local vendor). A waiver has been requested because the
also requested that the term of this waiver be on an on-going basis with a not-to-exceed
annual amount of $775,000.00. Funding will come from the individual division’s budget
and they will be responsible for monitoring their own expenditures. This item was
deferred by the Board for one week on August 23, 2011. (
#20110636-
PUBLIC SAFETY)
FUNDING SOURCE:
Government Communication Network (GCN)
WHAT ACTION ACCOMPLISHES:
Allows Public Safety to purchase required parts, repairs, etc. on an as-needed basis in order
to keep the GCN system fully operational.
MANAGEMENT RECOMMENDATION:
Approve.
REASON FOR CARRY OVER:
Deferred for one week by the Board on August 23, 2011.
Commissioner Judah moved approval, seconded by Commissioner Manning. Public Safety Director John Wilson
responded to a concern expressed by Commissioner Mann on the inability to obtain competitive bids due to
proprietary interests of the sole vendor. The motion was called and carried.
COMMISSIONER ITEMS
CONSERVATION FOUNDATION REQUEST – Commissioner Judah moved approval of a request
by the Conservation Foundation to send Grant Application letters to
and
Foundation
principals for Habitats Restoration on the Conservation Foundation’s Pine Island Preserve at Matlacha
Pass. The motion was seconded by Commissioner Manning, called and carried.
Human Services on receipt of a clean audit from the U.S. Department of Housing and Urban Development for the
Neighborhood Stabilization Program stimulus funding provided to purchase, rehabilitate and re-sell foreclosed
from Fort Myers Beach Public Library Director Dr. Leroy Hommerding to defer action and allow the Library Board to
discuss a newly-released investigative audit at their September 27
th
meeting. Commissioner Judah moved to approve
deferral of action by this Board to a date in early October, seconded by Commissioner Manning. Under discussion,
County Attorney Michael Hunt responded to a question on specifics of the audit, and the motion was called and
carried. Following conclusion of Commissioner Judah’s Commissioner Items, Commissioner Bigelow continued his
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Statutes. Attorney Hunt agreed to share his findings of actions taken by other Florida Counties facing a similar
situation.
reported on the Grand Opening celebration held recently at Page Field, and pointed out the honor shown at this
aviation facility to our local WW II veterans. He also paid special tribute to the late Commissioner Robert P. (Bob)
Janes, noting that his approval vote for this facility was one of his final contributions to this County.
EXECUTIVE SESSION INQUIRY – Commissioner Bigelow expressed a potential conflict of interest
concern with the Board’s selection of outside legal counsel for the Executive Session scheduled for August 31
st
, and
asked how he could register his protest of the counsel selection and lack of a Waiver. County Attorney Michael Hunt
responded to the concern; however, Commissioner Bigelow was still in protest and outlined his plan of complaint to
the Ethics Commission and Florida Bar. Chairman Mann indicated that all concerns would be addressed in the
Executive Session that would all ultimately be made public. Attorney Hunt assured Commissioner Hall that the
question raised would be on the Executive Session agenda and discussed fully at that time.
PROPERTY ASSESSED CLEAN ENERGY PROGRAM (PACE) – Commissioner Mann requested
approval to send a
regarding support for the PACE Program. Commissioner Judah moved
approval, seconded by Commissioner Manning, called and carried.
CODE ENFORCEMENT MATTER – Commissioner Mann requested an update from the Community
Development Director Mary Gibbs on their recommendation and that of the Lehigh Planning Council to retain the
current County Ordinance which prohibits chickens on residentially zoned properties. Ms. Gibbs briefed the Board on
their recommendation and survey results, which supported continued prohibition. Commissioner Bigelow moved to
defer this action for a further report from the Community Sustainability Advisory Committee, which supported
revising the Ordinance; however, the motion failed for lack of a second. Commissioner Mann advised that any one
from the public wishing to speak on this matter would be able to do so at next week’s meeting during the Public
Presentation of Matters by Citizens agenda item.
COMMITTEE APPOINTMENTS
CONSTRUCTION LICENSING
COMMITTEE
LAND DEVELOPMENT CODE
ADVISORY COMMITTEE,
seconded by Commissioner Manning, called and carried.
EQUAL OPPORTUNITY
REVIEW COMMITTEE
(
RESOLUTION NO. 11-08-44)
, Marven M. Smith III, and K. Peter Kemezys to the
LAND DEVELOPMENT CODE ADVISORY COMMITTEE
, Lawrence Freeswick to the
STREETLIGHTING UNIT,
IMPROVEMENT UNIT
. Commissioner Hall moved approval, seconded by Commissioner Manning, called and
carried.
AUTHORITY
ROADWAY LANDSCAPE ADVISORY COMMITTEE
and Theresa Artuso to the
LAND DEVELOPMENT CODE ADVISORY COMMITTEE,
Classon to the
CONSTRUCTION LICENSING ADVISORY BOARD
, seconded by Commissioner Manning,
called and carried.
TANGLEWOOD
IMPROVEMENT UNIT
TOWN & RIVER IMPROVEMENT UNIT
, A. B.
Cook to the
CONSTRUCTION LICENSING ADVISORY BOARD
LAND
DEVELOPMENT CODE ADVISORY COMMITTEE,
seconded by Commissioner Hall, called and carried.
COUNTY MANAGER ITEMS
scheduled to follow this meeting, be deferred for three weeks. Commissioner Judah moved for approval of a date
certain of September 20, 2011, seconded by Commissioner Manning, called and carried. Ms. Hawes agreed to
provide Commissioner Bigelow with more information on the conflict with Federal law as requested.
COUNTY ATTORNEY ITEMS
BOOK - 2011R - B.O.C.C.-----------------------------------
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services to John Fumero of Rose, Sundstrom & Bentley LLP. Attorney Hunt advised that the Clerk of Court notified
the County that checks would not be issued for this contract, nor that of another similarly contracted law firm, as State
law does not authorize the use of TDC funds for such indirect purposes. Attorney Hunt presented three options to the
Board with the recommended and only useful option being to file a declaratory action in Circuit Court to seek a ruling
on the parameters of the County with respect to use of TDC funds. At the request of Commissioner Judah, Attorney
Hunt read the specific State Statute language in question and opined that State law does support use of TDC funds for
the subject purpose. Following comments on the validity for use of these funds, and the necessity for this Board to
find another means of payment at this time, Commissioner Judah moved approval of the County Attorney’s office to
file a declaratory action in Circuit Court, seconded by Commissioner Hall. Attorney Hunt responded to questions
from Commissioner Bigelow, and the motion was called and carried. As a point of order, Commissioner Judah
requested, and there was Board consensus, that staff would review and recommend an alternative method of payment
of the subject contract.
The Chairman adjourned the meeting at 10:43 a.m.
__________________________
________________________________________
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