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BOOK - 2011R - B.O.C.C.------------------------------------
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MARCH 29, 2011
The
Regular Meeting
of the
was held on this date with the
following Commissioners present:
Weeks, Zion Lutheran Church, followed by the Pledge of Allegiance to the Flag.
PRESENTATIONS
Commissioner Manning read and presented a
Ceremonial Resolution
recognizing the following four
(4) Gold Medal Special Olympics Athletes for their dedication and winning spirit that took home a combined total of
10 gold medals: Karen Doham, Elizabeth Figura, Ronnie Eldridge and Bob Staudt. Americans with Disabilities
Act/Special Needs Senior Supervisor Amanda Gutierrez, accompanied by Coach George Furlan, accepted the
Resolution and thanked the Board. (
#20110226-
Commissioner Manning)
Commissioner Judah read and presented a
Ceremonial Resolution
recognizing Junior Achievement of
Southwest Florida, and designating April 2011 as National Financial Literacy Month to help the local students
succeed and grow in an ever expanding global economy. Junior Achievement of Southwest Florida Special Events
#20110227-
Commissioner Judah)
Commissioner Hall announced that Junior Achievement was honoring its own Tony Lapi as the new President of the
Commissioner Judah read and presented a
Ceremonial Resolution
committing and encouraging others
to the conservation of roadside native wildflowers on the state and county roadways; and instructing County Staff to
partner with the Florida Wildflower Foundation, Florida Department of Transportation, and adjoining property owners
to plan and implement roadside management practices that will increase the visibility and enjoyment of Florida native
wildflowers. Coccoloba Chapter of Florida Native Plant Society President John Sibley accepted the Resolution, and
thanked the Board. (
#20110250-
Commissioner Judah – Walk-On 1)
9:30 A.M. AGENDA ITEM
- Public Comment on Agenda Items
Consent (C) and Administrative (A)
A12(a) –
of the Pavese Law Firm
Walk-On #1 - Coccoloba Chapter of Florida Native Plant Society President
The following are the Consent Agenda items that each Board member wished to have discussed:
Commissioner Mann – 1(a), 1(b)
Commissioner Manning - None
Commissioner Judah - None
Commissioner Hall - None
Commissioner Bigelow - None
CONSENT AGENDA
1. COUNTY ADMINISTRATION
A)
ACTION REQUESTED/PURPOSE:
Approve acceptance and donation of a FU47 Trophy Radiologie x-ray machine from
(
#20110184-
COUNTY MANAGER)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
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MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
After Commissioner Mann thanked Dr. Golosow for her donation, Commissioner Judah moved approval, seconded by
Commissioner Manning, called and carried.
RESOLUTION NO.11-03-30
B)
ACTION REQUESTED/PURPOSE:
Approve budget amendment resolution to allocate excess fund balance, appropriate budget
for operational CIP & major maintenance and grant carryovers, and amend FY10/11 -
14/15 CIP accordingly. Also, approve transfers of funds from reserves and interfund
transfers, if necessary, to cover carryover needs. (
#20110233-
COUNTY MANAGER)
FUNDING SOURCE:
Various based on fund balance adjustments and/or transfers from Reserves.
WHAT ACTION ACCOMPLISHES:
Adjusts budgeted fund balance to reflect preliminary actual balances for those funds for
which a budget carryover is requested, and also provides budget to meet the carryover
recommendations.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
Responding to Commissioner Mann’s question, Assistant County Manager Pete Winton explained that the leftover
funds were essentially a bookkeeping entry and did not require a public hearing. Commissioner Judah moved
approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NO. 11-03-31
2. COMMUNITY DEVELOPMENT
A)
ACTION REQUESTED/PURPOSE:
Take the following actions with regard to SHIP (State Housing Initiatives Partnership)
contracts:
• Extend the following contracts from March 31, 2011 to May 31, 2011:
C-4670 with LCHDC
C-5455
with Goodwill (Southwest FL GWI Housing VIII, Inc.)
• Amend contract
C-3936 with LCHDC
to reduce it by $40,000.00 from $245,000.00 to
$205,000.00 and change the contract scope from the construction and/or
acquisition/rehabilitation/resale of 6 houses for 6 low income households to 5 houses
for 5 low income households.
• Amend contract
C-4670 with LCHDC
to reduce it by $11,000.00 from $267,023.82 to
$256,023.82.
• Execute a
Grant Award Agreement
for $51,000.00 with Partnership-In-Housing, Inc., for
the rehabilitation by May 31, 2011 of up to 36 farm-worker rental housing units for
(
#20110216-
COMMUNITY DEVELOPMENT)
FUNDING SOURCE:
SHIP Local Housing Assistance Funds.
WHAT ACTION ACCOMPLISHES:
Allows adaptation to current housing market conditions and allows the county to enter into
a grant award agreement for the expenditure of 2008/2009 SHIP funds to rehabilitate
affordable housing.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
3. CONSTRUCTION AND DESIGN
No requests received.
4. COUNTY COMMISSIONERS
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No requests received.
5. COUNTY LANDS
A)
ACTION REQUESTED/PURPOSE:
Approve, and authorize the Chair to execute, an
Amendment I to the Grant Award
Agreement,
thereby modifying the legal description of those lands encumbered under the
terms of the Caloosahatchee Creeks Preserve Florida Community Trust Grant Award
February 14, 2003. Authorize payment of the cost of recording in the approximate amount
of $75.00, and the Division of County Lands to handle all documentation necessary to
complete the transaction. (
#20110207-
COUNTY LANDS)
FUNDING SOURCE:
Conservation 20/20, Land Purchase.
WHAT ACTION ACCOMPLISHES:
Removes ±2.45 acres from and incorporates ±12.48 acres into the operation of the
Caloosahatchee Creeks Preserve Florida Community Trust Grant Award Agreement dated
February 14, 2003.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Approve, and authorize the Chair to execute, a
County Electric Cooperative, Inc., (LCEC)
Plant Wellfield Expansion Project No. 7602; and the
Easement instrument
upon
completion of the electric facilities. Also, authorize payment of cost to record in the
approximate amount of $50.00, and the Division of County Lands to handle all
documentation necessary to complete the transaction. (
#20110218-
COUNTY LANDS)
FUNDING SOURCE:
Water Treatment Plant Wellfield Expansion 7602.
WHAT ACTION ACCOMPLISHES:
Water Treatment Plant Expansion Project well site (PW-14).
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:
Approve and execute a
Ground Lease Agreement
and
Memorandum of Agreement
with
the Edison Mall Business Trust for a corner parcel of land at Edison Mall, which is 30,864
square feet. This lease is for an initial term of five years and an option to renew for an
additional five year term. The annual amount of the lease is $100.00 and Common Area
Maintenance (CAM) is $90,000.00 for Year 1. Subsequent years, the lease amount will
remain the same however; the CAM will increase by 3% annually.
(
#20110203-
TRANSIT)
FUNDING SOURCE:
Funds have been budgeted.
WHAT ACTION ACCOMPLISHES:
This lease will enable the County to construct and operate a passenger transfer facility at
the Edison Mall to replace existing facilities that do not meet the core needs of the
traveling public as per the Transit Development Plan.
MANAGEMENT RECOMMENDATION:
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Staff recommends execution of the Lease Agreement and the Memorandum of Agreement
with the Edison Mall Business Trust.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
8. NATURAL RESOURCES/ SOLID WASTE
A)
ACTION REQUESTED/PURPOSE:
Approve expenditures exceeding the formal bid level of $100,000.00 annually via Formal
Bid No. B-09-09, Yard Waste Processing Services to BelCorp, Inc. (Contract #4729). The
initial term of this contract was for 2 years through April 1, 2011 with the option of
renewal for 2 additional 1-year periods. The estimated annual expenditure for the services
(under the 2 additional renewal periods) is anticipated to be approximately $175,000.00
per year. (
#20110208-
SOLID WASTE)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
services of BelCorp, Inc. through the fiscal year.
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.
A)
ACTION REQUESTED/PURPOSE:
Approve
(contained in the
backup material to this item), which provides for the refund of the $5 million loan
previously provided by the County, less the funds necessary to cover the construction and
CEI costs of an additional culvert as a wildlife crossing and the intersection and
signalization work at the SR 82/Colonial intersection, plus a contingency (totaling
$1,461,623.00), such work to be done by the City's contractor as part of the SR 82, 6-lane
widening project. Authorize the Chairman to execute the revised agreement; return the
balance of the refunded dollars ($3,538,377.00) to the General Fund undesignated reserves,
and approve a Budget Amendment Resolution to recognize these funds.
(
#20110230-
FUNDING SOURCE:
The source of the original $5 million loan was the $10 million in General Fund Road Grant
funds provided by the Board for road projects a few years ago.
WHAT ACTION ACCOMPLISHES:
Myers for the SR 82 widening project, which will help shore up County reserves in this
tight budget era, while funding some critical additional improvements as part of the City’s
contract.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NO. 11-03-32
13. UTILITIES
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No requests received.
14. COUNTY ATTORNEY
No requests received.
15. HEARING EXAMINER
No requests received.
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. (
#20110224-
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:
Present for information purposes interim reporting on selected financial activity and
provide an update on the economic changes in today's market (contained in the backup
material to this item). (
#20110225-
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 to you the financial status of selected significant
and 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.
C)
ACTION REQUESTED/PURPOSE:
Approve the Minutes for the following meetings of the Board of County Commissioners
held during the week of March 14 through March 18, 2011:
March 14, 2011 (Management & Planning) (March 14, 2011 (Special at Port)
March 15, 2011 (Regular)
(
#20110231-
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.
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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.
5. COUNTY LANDS
No requests received.
6. HUMAN SERVICES
No requests received.
7. INDEPENDENT
No requests received.
No requests received.
9. PARKS AND RECREATION
No requests received.
10. PUBLIC SAFETY
No requests received.
11. PUBLIC WORKS ADMINISTRATION
No requests received.
A)
ACTION REQUESTED/PURPOSE:
#20110179-
FUNDING SOURCE:
No funds required.
WHAT ACTION ACCOMPLISHES:
Approval of the additional connection point will enhance safety, improve connectivity, and
preserve traffic capacity.
MANAGEMENT RECOMMENDATION:
Approve the amendment adding the connection point.
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Commissioner Manning moved the item, seconded by Commissioner Judah for discussion. At the request of
Commissioner Judah, Department of Transportation Deputy Director Paul W. Wingard further reviewed the item.
Commissioner Hall recognized the attendees from Royal Tee Golf Club. The motion was called and carried.
RESOLUTION NO.11-03-33
COMMISSIONER MANNING LEFT THE MEETING BRIEFLY AND RETURNED AFTER ADMINISTRATIVE
AGENDA ITEM 14(A).
13. UTILITIES
No requests received.
14. COUNTY ATTORNEY
A)
ACTION REQUESTED/PURPOSE:
Approve
transfer of funds
from Unincorporated MSTU Fund in the amount of $500,000.00
to defend litigation resulting from the Board's zoning decisions and adoption of the
(
#20110215-
COUNTY ATTORNEY)
FUNDING SOURCE:
Unincorporated MSTU Fund - Accounts: GC5190315500.503120-Expert Witness-
$425,000.00; and GC5190315500.503190-Outside Counsel-$75,000.00.
WHAT ACTION ACCOMPLISHES:
with funding to defend DR/GR related litigation.
MANAGEMENT RECOMMENDATION:
Approve the authorization of the requested funds from the Unincorporated MSTU
(GC5190315500.503120-Expert Witness) and (GC5190315500.503190-Outside Counsel).
Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried with Commissioner
Manning absent.
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
1. ACTION REQUESTED/PURPOSE:
Approve, and authorize the Chair to sign, the Florida Wildflower Foundation Resolution. Also,
(
#20110250-
FUNDING SOURCE:
Grant funds – Roadway Landscaping.
WHAT ACTION ACCOMPLISHES:
Allows Lee County to submit a grant application and, if awarded a grant, enter into a grant agreement
with The Florida Wildflower Foundation Grant Program to plant wildflowers on County roadways or
native wildflowers, plus a match of $500.00 pledged by local Coccoloba Chapter of the Florida Native
Plant Society.
MANAGEMENT RECOMMENDATION:
Approve.
REASON FOR WALK ON:
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The grant period begins on March 25, 2011, so it is necessary to submit the grant application as soon as
possible.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NO. 11-03-34
WALK-ON ITEM NO. 1
(CEREMONIAL RESOLUTION) WAS PRESENTED DURING THE PRESENTATION
PORTION OF THE MEETING.
COMMISSIONER ITEMS
County Manager Holly Schwartz indicated that Community Development Director Mary Gibbs and the Department of
Community Development (DCD) were putting together a timeline for the Federal, State and County Commission
Districts; to be brought to the Board.
BIODIESEL FEDERAL GRANT – In response to Commissioner Bigelow’s request for an update on
the disbursement of the biodiesel federal grant funds, County Manager Karen Hawes indicated that the ARRA funds
were entered into the computer database and updates could be provided. Assistant County Manager Doug Meurer
agreed to refer the item to Solid Waste Director Lindsey Sampson and Transportation Deputy Director Paul Wingard.
Commissioner Judah provided a summary of the project’s progress.
SPREADER SWALE – Commissioner Judah requested a status report on the Florida Department of
Environmental Protection’s (FDEP) plan to proceed with the Spreader Swale as an MS4 strong water discharge
receiving water body, which Lee County had objected to, and asked if an opportunity was available to appeal such
decision. Assistant County Manager Doug Meurer offered to confer with Natural Resources Department Director
Roland Ottolini to provide a timeline on this issue.
that a blue sheet was anticipated within the next two weeks, and that refurbishing of plant beds with native plantings
were being considered. Commissioner Mann stated that the County’s arborist suggested placement for another tree
would be off to the right toward Broadway, and noted that a donation of a mature tree that would not compete nor
affect the Bunyan tree. Commissioner Hall noted the county’s commitment to native plants.
ARTISTS EXHIBIT – Commissioner Hall invited everyone to visit the display of oil paintings by Fort
Commissioner Mann, County Manager Karen Hawes, and Assistant County Manager Holly Schwartz attended the
Legislative Session. Two items of interest were the Internet tax and the Senate Energy Bill draft. She thanked County
NETBOOK ACQUISITION – Commissioner Hall suggested the Commissioners use their existing
laptops instead of purchasing the NetBooks. County Manager Karen Hawes and Assistant County Manager Pete
Winton indicated they would review this issue and report back to the Board.
noted that the consensus of the delegation was not in favor of overriding the authority of the County’s Ordinance.
Mayor Larry Kiker informing that there would be no transfer of assets and that there has been a decision on the
Seafarer’s building demolition. The Council has requested a 90-day extension on the demolition to allow further
information to be brought to the Board.
COMMITTEE APPOINTMENTS
TOWN & RIVER
IMPROVEMENT UNIT,
seconded by Commissioner Judah, called and carried.
COUNTY MANAGER ITEMS
COUNTY ATTORNEY ITEMS
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The Chairman adjourned the meeting at 10:20 a.m.
__________________________
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