BOOK - 2011R - B.O.C.C.------------------------------------
-----------------------------------------
------------------------------------- PAGE: 157
The
Regular Meeting
of the
Board of
Lee County Commissioners
was held on this date with the
following Commissioners present:
John E. Manning, Vice Chairman
The Chairman called the meeting to order at 9:31 a.m. The Invocation was given by
Pastor Tom
Willetts,
Good Shepherd United Methodist Church, followed by the Pledge of Allegiance.
ANNOUNCEMENTS
(Heard out of order)
Referring to the Agenda Revision
Recap Sheet
dated April 5, 2011, the Chairman announced that:
Consent Agenda Item C13B should be deferred indefinitely to allow for further review. Commissioner
Manning moved approval of the deferral, seconded by Commissioner Hall, called and carried.
Consent Agenda Item C7A should be revised to read as follows: Approve a resolution accepting
donations in the amount of (1) $10,949.00 from the Friends of the
Bonita Springs Library to purchase meeting room
AV equipment; and (2) a direct pay-to-vendor donation in the amount of $431.00 from the Friends of
South County
Regional Library for bookmarks, posters, T-shirts and other prizes for the
Summer Reading Festival. Adopt a budget
amendment resolution for $10,949.00 to recognize receipt and appropriation of these funds.
Walk-On Item 1 Background information should be revised to read as: The time period to file a claim
in the
BP litigation caused by the oil spill in the Gulf of
Mexico expires on April 20, 2011. After such date, the claim
is barred. To protect
Lee County’s rights against Transocean and the other Defendants, a claim form must be
completed and filed. There is no filing fee and the form will be completed and filed by the County Attorney’s Office.
Commissioner Manning moved approval of the revisions, seconded by Commissioner Bigelow, called and carried.
The Walk-On Item would be heard at the appropriate place in the agenda.
9:30 A.M. AGENDA ITEM
- Public Comment on Agenda Items
Consent (C) and Administrative (A)
A14A - Attorney
of the
Henderson Franklin Law Firm, representing Miceli’s
Restaurant on
Pine Island Road.
Informational Item -
Clerk of
Courts Charlie Green
referenced the announcement of Jet Blue’s
agreement with the Red Sox, and questioned the recipient of the $150,000.00
naming rights monies.
Deputy County Attorney
Andrea Fraser advised that the
Red Sox organization is the contracted recipient.
The following are Consent Agenda items that each Board member wished to have discussed:
Commissioner Hall – 12A
Commissioner Manning – 7B
Commissioner Judah – 7A
Commissioner Bigelow - 9A
Commissioner Mann - none
A)
ACTION REQUESTED/PURPOSE:
Approve budget amendment Resolutions to reduce and close the Surface Water Management Fund
#14600 and establish Fund #15502 Surface Water Management.
(
#20110249-
COUNTY MANAGER)
FUNDING SOURCE:
-----------------------------------------
----APPROVED MINUTES OF 040511R-------------------------------------
------------------
BOOK - 2011R - B.O.C.C.------------------------------------
-----------------------------------------
------------------------------------- PAGE: 158
Unincorporated MSTU - Net affect $0.
WHAT ACTION ACCOMPLISHES:
Creates and moves funds per guidance from GASB statement #54.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NOS. 11-04-01 through 11-04-08
3. CONSTRUCTION AND DESIGN
A)
ACTION REQUESTED/PURPOSE:
Accept donation in the amount of $10,949.00 from the Friends of the
Bonita Springs Library to
purchase meeting room AV equipment and adopt a budget amendment resolution for $10,949.00
to recognize receipt of the donation. Accept proposed donation from the Friends of the
South
County Regional Library for direct pay-to-vendor purchases of bookmarks, posters, T-shirts and
other prizes for the
Summer Reading Program valued at $431.00. (#20110232-LIBRARY)
Approve a resolution accepting donations in the amount of (1) $10,949 from the Friends of
the
Bonita Springs Library to purchase meeting room AV equipment; and (2) a direct pay-
to-vendor donation in the amount of $431 from the Friends of
South County Regional
Library for bookmarks, posters, T-shirts and other prizes for the
Summer Reading
Festival. Adopt a budget amendment resolution for $10,949 to recognize receipt and
appropriation of these funds
.
(
#20110232-
LIBRARY)
FUNDING SOURCE:
Donation.
WHAT ACTION ACCOMPLISHES:
Authorizes acceptance and expenditure of funds pursuant to donors’ requests.
MANAGEMENT RECOMMENDATION:
Approve.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
Consent Agenda Item 7A should be revised to read as follows:
Approve a resolution accepting donations in the amount of (1) $10,949.00 from the Friends of the
Bonita Springs
Library to purchase meeting room AV equipment; and (2) a direct pay-to-vendor donation in the amount of $431.00
from the Friends of
South County Regional Library for bookmarks, posters, T-shirts and other prizes for the Summer
Reading Festival. Adopt a budget amendment resolution for $10,949.00 to recognize receipt and appropriation of
these funds. Commissioner Manning moved approval of the revision, seconded by Commissioner Bigelow, called and
carried.
PULLED FOR DISCUSSION
Commissioner Judah moved approval, seconded by Commissioner Manning. Commissioner Judah expressed the
Board’s appreciation of the Friends of the various libraries for their continued exemplary service. The motion was
called and carried.
-----------------------------------------
----APPROVED MINUTES OF 040511R-------------------------------------
------------------
BOOK - 2011R - B.O.C.C.------------------------------------
-----------------------------------------
------------------------------------- PAGE: 159
RESOLUTION NOS.
11-04-09
and RESOLUTION NO.
11-04-19
B)
ACTION REQUESTED/PURPOSE:
Request Board adopt a Budget Amendment Resolution to reflect receipt of the revenue from the
Federal Transit Administration in the amount of $623,571.00 to continue with the Professional
Services Agreement with Carter and Burgess to complete the tasks identified in the grant proposal
for Ding Darling National Wildlife Alternative Transportation Study. (
#20110240-
TRANSIT)
FUNDING SOURCE:
Upon approval of the Budget Amendment, 100% funds from the Federal Transit Administration.
WHAT ACTION ACCOMPLISHES:
Establishes a budget to continue with the Ding Darling National Wildlife Alternative
Transportation Study.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
Following response by Transit Director
Steve Myers to a question on Federal grant contingencies, Commissioner
Manning moved approval, seconded by Commissioner Hall, called and carried.
RESOLUTION NO. 11-04-10
C)
ACTION REQUESTED/PURPOSE:
Approve the electronic submission of a Federal Transit Administration Section 5307
Urbanized Area Formula Grant Application in the amount of $1,907,801.00, and an
authorizing Resolution. Upon approval of the application by the FTA, authorize the
execution of the Grant Agreement and allow for receipt of future grant funds under this
application. (
#20110244-
TRANSIT)
FUNDING SOURCE:
No funds required; revenue will be budgeted in
Transit Capital and Operating Budgets for
FY11-12.
WHAT ACTION ACCOMPLISHES:
Allows LeeTran to program USC 5307 Urbanized Area Formula grant funds in the amount
of $1,907,801.00 for capital and operating expenses, and for receipt of the balance of grant
funds to be made available.
MANAGEMENT RECOMMENDATION:
Management recommends approval of the Grant Application and authorizing Resolution
necessary for the execution and acceptance of the grant.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NO. 11-04-11
D)
ACTION REQUESTED/PURPOSE:
Approve the electronic submission of Federal Transit Administration (FTA) Section 5307
Grant FL-95-X043, in the amount of $1.5 million, and an authorizing Resolution. Upon
approval of the application by the FTA, authorize execution of the Grant Agreement and
allow for modifications and/or receipt of grant funds under this application. Also,
authorize Budget Amendment
transfer
in the amount of $1.5 million from
Transit Capital
(Fund #48640) to Transit SIB Loan Debt (Fund #48660), and adopt a budget amendment
Resolution for Fund #48660 to acknowledge receipt of $1.5 million.
(
#20110221-
TRANSIT)
FUNDING SOURCE:
No funds needed, this is a transfer from one fund to another.
WHAT ACTION ACCOMPLISHES:
The grant application allows LeeTran to collect $1.5 million from FTA to reimburse the
Transit Capital Fund that is being used to repay the SIB Loan. The budget amendment
resolution and transfer of funds allows for the SIB payment to be made.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NOS.
11-04-12
and
11-04-13
8. NATURAL RESOURCES/ SOLID WASTE
No requests received.
-----------------------------------------
----APPROVED MINUTES OF 040511R-------------------------------------
------------------
BOOK - 2011R - B.O.C.C.------------------------------------
-----------------------------------------
------------------------------------- PAGE: 160
A)
ACTION REQUESTED/PURPOSE:
Approve, and authorize Chair to execute, the
Memorandum of Understanding
between the Port
Authority and
Lee County regarding the use of certain Conservation 2020 parcels for aviation-
related airport mitigation projects; and, approve Conservation 2020 Lands- Aviation-Related
Airport Project Mitigation Request #1 for the Southwest Florida International Airport I-75/
Regional Airport Access Road (SWFIA I-75 CD Access Project programmed for construction by
the Florida
Department of Transportation) in accordance with the Conservation 2020 staff
recommendation dated March 2011. (
#20110238-
PARKS AND RECREATION)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Approves MOU providing the Port Authority with the ability to “use/reserve” Conservation 2020
Lands to satisfy permit mitigation requirements related to construction of airport aviation-related
development; and, approves Request # 1, covering Conservation 2020 parcels 53, 239, 321, 334
and 347, subject to conditions.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
Following response to his question by Public Parks and Recreation Director
Barbara Manzo, Commissioner Bigelow
moved approval, seconded by Commissioner Hall. Under discussion,
Assistant County Attorney
Dawn Perry-Lehnert
commented on the Staff Report and responded to further questioning by Commissioner Judah. The motion was called
and carried.
A)
ACTION REQUESTED/PURPOSE:
Approve, and authorize Chair to execute, Agreements for the temporary use of properties for
emergency relief and recovery efforts at a term of five (5) years with:
(8099 College Parkway SW,
Fort Myers); and
Messiah Lutheran Church
(2691 NE
Pine Island, North
Fort Myers.)
(
#20110248-
PUBLIC SAFETY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Authorizes
Lee County temporary use of properties for emergency relief and recovery efforts.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
11. PUBLIC WORKS ADMINISTRATION
A)
ACTION REQUESTED/PURPOSE:
Award, and authorize Chair to execute, a
Professional Services Agreement
under CN-10-
15 CEI Services for
Bonita Beach Road to
High Spans Engineering (a local firm) in the
not-to exceed amount of $499,000.00. Also, approve a budget amendment Resolution in
Fund #30713,
Bonita Beach Road Phase II, in the amount of $249,500.00; and amend the
FY 2010/11 - 2014/15 CIP accordingly. (
#20110239-
FUNDING SOURCE:
50% Fund – Road Impact Fees Southwest District;
Program – Capital Projects; Project –
Bonita Beach Rd. Phase II.
50% Fund -
Bonita Beach Rd. Phase II (Bonita Funds); Program - Capital Projects; Project
-
Bonita Beach Road Phase II.
WHAT ACTION ACCOMPLISHES:
-----------------------------------------
----APPROVED MINUTES OF 040511R-------------------------------------
------------------
BOOK - 2011R - B.O.C.C.------------------------------------
-----------------------------------------
------------------------------------- PAGE: 161
Provides a Consultant for
Construction Engineering Inspection Services for the Bonita
Beach Road six-laning project from Business 41 to Lime Street. Establishes a budget for
the
City of Bonita Springs 50% contribution for this phase.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
Assistant County Manager
Doug Meurer and DOT
Deputy Director
Paul Wingard responded to the question by
Commissioner Hall on the public outreach portion of the project and identified the design firm. Commissioner Hall
moved approval, seconded by Commissioner Judah, called and carried.
RESOLUTION NO. 11-04-14
B)
ACTION REQUESTED/PURPOSE:
Approve a budget amendment Resolution in the amount of $87,459.00 in Project # 205072
Daniels Parkway
Six-Laning, and amend the FY 2010/11-2015/2016 CIP accordingly.
(
#20110242-
FUNDING SOURCE:
Revenue – Fund –
Transportation Capital Improvement;
Program – Capital Projects;
Project – Daniels
Six-Laning-Treeline/
Gateway.
WHAT ACTION ACCOMPLISHES:
Accepts $87,459.00 from
Watermen Group to pay for improvements to
Chana Court as
part of the Daniels Parkway project.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NO. 11-04-15
A)
ACTION REQUESTED/PURPOSE:
Developer Contributed Asset: Approve final acceptance, by Resolution and recording of
one (1) utility easement,
as a donation of one potable water service, one 10-inch diameter
fire line, and one fire hydrant, to provide potable water service and fire protection to
Jetport Interstate Commerce Park, Lot 3A, an existing commercial development. This asset
project is located on the southeast corner of Jetport Commerce Parkway and Intercom
Drive. (
#20110222-
UTILITIES)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Provides adequate utility infrastructure to support development of the subject property, and
complies with the
Lee County Utilities Design Manual.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NO. 11-04-16
B)
ACTION REQUESTED/PURPOSE:
Developer Contributed Asset: Approve final acceptance, by Resolution and recording of
one (1) utility easement, as a donation of a water distribution and a gravity collection
system, to provide potable water service, fire protection and sanitary sewer service to
Airport Crossings, a recently-constructed commercial subdivision. This asset project is
located at the southeast corner of Midfield Terminal Access Road and
Ben Hill Griffin
Parkway. (
#20110228-
UTILITIES)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Provides adequate utility infrastructure to support development of the subject property, and
complies with the
Lee County Utilities Design Manual.
MANAGEMENT RECOMMENDATION:
Approve.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
-----------------------------------------
----APPROVED MINUTES OF 040511R-------------------------------------
------------------
BOOK - 2011R - B.O.C.C.------------------------------------
-----------------------------------------
------------------------------------- PAGE: 162
Consent Agenda Item C13B should be deferred indefinitely to allow for further review. Commissioner Manning
moved approval, seconded by Commissioner Hall, called and carried.
C)
ACTION REQUESTED/PURPOSE:
Developer Contributed Asset: Approve final acceptance, by Resolution and recording of
one (1)
utility easement,
as a donation of one potable water service, one fire hydrant and one sewer
service, to provide potable water service, fire protection and sanitary sewer service to Grace
Community School, an existing commercial building. This asset project is located on the west
side of
Orange Grove Boulevard, approximately ¼ mile south of
Hancock Bridge Parkway.
(
#20110229-
UTILITIES)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Provides adequate utility infrastructure to support development of the subject property and
complies with the
Lee County Utilities Design Manual.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NO. 11-04-17
D)
ACTION REQUESTED/PURPOSE:
Developer Contributed Asset: Approve final acceptance, by Resolution, as a donation of one
fire hydrant to provide fire protection to Troast and Associates, an existing commercial
building. This asset project is located on the south side of
Cambridge Manor Place,
approximately 700 feet west of
New Brittany Boulevard. (
#20110234-
UTILITIES)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Provides adequate utility infrastructure to support development of the subject property, and
complies with the
Lee County Utilities Design Manual.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NO. 11-04-18
E)
ACTION REQUESTED/PURPOSE:
CIP Assessment: Accept the
Gasparilla Island Water Association, Inc. (GIWA) Petition for
Approval of
Membership Capital Improvements Assessment; and authorize staff to schedule a
Public Hearing for April 26, 2011 at 5:00 p.m., to adopt a Resolution approving the capital
improvements assessment. (
#20110241-
UTILITIES)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Provides required Board approval for GIWA to assess each member a monthly installment for
5 years to finance the relocation of GIWA’s water and sewer mains at the three bridges on
Boca Grande Causeway when the new bridges are constructed.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
16. CONSTITUTIONAL OFFICERS
A)
ACTION REQUESTED/PURPOSE:
-----------------------------------------
----APPROVED MINUTES OF 040511R-------------------------------------
------------------
BOOK - 2011R - B.O.C.C.------------------------------------
-----------------------------------------
------------------------------------- PAGE: 163
Approve the Minutes for the following meetings of the Board of County Commissioners held during
the week of March 21 through March 25, 2011:
March 21, 2011 (Zoning), March 22, 2011 (Regular).
(
#20110256-
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.
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.
(
#20110257-
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.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
3. CONSTRUCTION AND DESIGN
-----------------------------------------
----APPROVED MINUTES OF 040511R-------------------------------------
------------------
BOOK - 2011R - B.O.C.C.------------------------------------
-----------------------------------------
------------------------------------- PAGE: 164
8. NATURAL RESOURCES/ SOLID WASTE
11. PUBLIC WORKS ADMINISTRATION
A)
ACTION REQUESTED/PURPOSE:
Award B-11-14 Re-Advertisement for U.S. 41 Landscape & Irrigation Project from Littleton Road
to
Charlotte County Line to the lowest responsive, responsible bidder meeting all bid requirements,
Hannula Landscaping, Inc.
, (a local vendor) in the not-to-exceed amount of $783,886.72, with a
total completion time of 455 calendar days (includes maintenance period). Also, authorize Chair to
execute Agreement upon receipt. (
#20110236-
FUNDING SOURCE:
Fund – General Fund; Program –
Major Maintenance; Project – Landscaping -
Charlotte County
Line to Littleton.
WHAT ACTION ACCOMPLISHES:
Provides a Contractor for the installation of plant material, underground irrigation system, and
welcome sign.
MANAGEMENT RECOMMENDATION:
Approve.
DOT
Deputy Director
Paul Wingard briefly reviewed the project at the request of the Chairman, and responded to a
question by Commissioner Hall on the timeline for completion of this project. Commissioner Hall moved approval,
seconded by Commissioner Manning, called and carried.
ADMINISTRATIVE AGENDA ITEM 14A WAS HEARD OUT OF ORDER FOLLOWING A14B
A)
ACTION REQUESTED/PURPOSE:
Consider a request from Miceli JVM, Inc., d/b/a Miceli's Restaurant, at 3930
Pine Island Road in
Matlacha, to approve an
Agreement for Amortization of Use and Agreement to Hold Harmless
("Agreement")
, to allow a sign to remain in the County road right-of-way for a period of time not
to exceed 5 years. If approved, authorize Chair to sign the referenced Agreement and any
subsequent termination document once the sign is removed. (
#20110219-
COUNTY ATTORNEY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Subject to Miceli’s execution of the Agreement, this will allow the Miceli Restaurant sign to
remain until it can be removed.
MANAGEMENT RECOMMENDATION:
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried.
ADMINISTRATIVE AGENDA ITEM 14B WAS HEARD OUT OF ORDER PRECEEDING A14A
B)
ACTION REQUESTED/PURPOSE:
-----------------------------------------
----APPROVED MINUTES OF 040511R-------------------------------------
------------------
BOOK - 2011R - B.O.C.C.------------------------------------
-----------------------------------------
------------------------------------- PAGE: 165
Adopt the Resolution of Necessity for the acquisition and condemnation of Parcel 101 required
for the Lehigh
Acres Park Improvements Project, No. 1865.
(
#20110247-
COUNTY ATTORNEY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Allows the County to proceed with condemnation, if required, so Parcel 101 can be acquired for
the Lehigh
Acres Park Improvements Project, No. 1865.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Hall. Under discussion,
Assistant County
Attorney
John Turner briefed the Board on the finding that this property was necessary for public purpose. The
motion was called and carried.
RESOLUTION NO. 11-04-20
16. CONSTITUTIONAL OFFICERS
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
9:30 A.M. AGENDA ITEM –
Public Hearing
1. ACTION REQUESTED/PURPOSE:
Conduct a Public Hearing to adopt a Resolution for Petition No. VAC2011-00002, submitted by
Donna West on behalf of the owner,
U.S. Bank NA, to vacate a 12-foot wide Utility Easement
centered along the common lot line between Lots 12 and 13, High Point Subdivision recorded in
Plat Book 30 at Page 64 of the Public Records of
Lee County
Florida less and except the north
six (6) feet and the south six (6) feet thereof. The site is located at 9340 Sedgefield Road, North
Fort Myers,
Florida 33917 and its Strap Number is 15-43-25-01-00000.0130.
(
#20110178-
COMMUNITY DEVELOPMENT)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Extinguishes the utility easement to remove a title encumbrance for a single family residence and
pool inadvertently constructed within the easement in 1978. The vacation of this easement will
not alter existing drainage and utility conditions and the easement is not necessary to
accommodate any future drainage and utility requirements.
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. The Chairman called for public comment; however, no one came forward.
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried.
RESOLUTION NO. 11-04-21
WO1 ACTION REQUESTED/PURPOSE:
Approve filing claim in the
BP oil spill litigation to protect claim for damages.
(
#20110276-
COUNTY ATTORNEY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Protects
Lee County’s right to file action in
BP oil spill litigation.
MANAGEMENT RECOMMENDATION:
Approve.
-----------------------------------------
----APPROVED MINUTES OF 040511R-------------------------------------
------------------
BOOK - 2011R - B.O.C.C.------------------------------------
-----------------------------------------
------------------------------------- PAGE: 166
REASON FOR WALK ON:
Necessary due to the claim filing deadline of 4/20/11.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
Walk-On Item 1 background information should be revised to read as follows:
The time period to file a claim in the
BP litigation caused by the oil spill in the Gulf of
Mexico expires on April 20,
2011. After such date, the claim is barred. To protect
Lee County’s rights against Transocean and the other
Defendants, a claim form must be completed and filed. There is no filing fee and the form will be completed and filed
by the County Attorney’s Office. Commissioner Manning moved approval of the revisions, seconded by
Commissioner Bigelow, called and carried.
Commissioner Hall moved approval to file a claim, seconded by Commissioner Manning.
Assistant County Attorney
John Turner reviewed the process and deadline, and responded to questions by Commissioner Judah. Commissioner
Judah expressed appreciation of the County Attorney’s Office for their work in this matter, and the motion was called
and carried.
LOST GROVE MINE – Commissioner Judah recommended proceeding with the options provided by
staff in a March 31 memorandum for direction on a Position Paper to submit to
Collier County and, most importantly,
to participate in the Public Hearings. The Chairman indicated there would be further discussion of this matter under
County Manager Items by Community Development Director
Mary Gibbs.
JET
BLUE PARK – Commissioner Judah expressed appreciation to Jet Blue for their partnership with
Lee County and the
Boston Red Sox for the naming rights that will provide $150,000.00 per year for the next eight
years to the Red Sox for the refurbishing and upgrading of the new facility. There was consensus to send a note of
thanks from the Board to Jet Blue.
JOBS
FLORIDA BILL – Commissioner Hall referred to a memo recently sent by Keith Arnold’s
office updating and advising of the various public partnerships that will be housed within the newly-created Jobs
Florida Agency. Commissioner Hall also outlined additional State departments that will be transferred, and
Assistant
County Manager
Holly Schwartz provided an additional update. Commissioner Hall encouraged support for keeping
these public partnership transfers as private/public partnerships.
ARTS AND CULTURAL ACTIVITIES – Commissioner Hall commented on the support recently
shown by
Prince Albert (of
Monaco) during an Art of the Olympians event. She stressed the importance of the arts
within our community, advising that
Prince Albert would be providing sustained support of our arts and cultural
efforts, and lauded the County’s commitment to sustain quality of life even in these challenging times.
Commissioner Hall moved to re-appoint
David Brogdon to the
TROPIC ISLE STREETLIGHTING
UNIT,
seconded by Commissioner Manning, called and carried.
County Manager
Karen B. Hawes had two items for discussion: Lost Grove Mine in
Collier County,
which was briefly discussed by Commissioner Judah under Commissioner Items, and the Board’s Summer Recess.
Community Development Director
Mary Gibbs referenced a memorandum sent to ascertain the degree
of participation the County wished to have, due to the traffic and environmental impacts anticipated from the Lost
Grove Mine located on the
Collier/
Lee County line.
Ms. Gibbs outlined the upcoming public hearing process, and
requested Board direction. Commissioner Judah moved approval of staff’s recommendation to send a letter stating
Lee County’s concerns prior to the public hearing, seconded by Commissioner Hall for discussion. Following input
by Commissioner Bigelow,
Ms. Gibbs agreed to provide a draft letter to each Commissioner for review. The motion
was called and carried.
Ms. Hawes recommended, and there was Board consensus, to begin the Board recess on Monday, June
28 and ending on Monday, August 1, 2011. Commissioner Hall moved approval, seconded by Commissioner
Manning. Upon question by Commissioner Bigelow,
Assistant County Manager
Pete Winton advised that the
Property Appraiser’s preliminary evaluation figures would be available June 1, with final figures presented to the
Board when it reconvenes in August. The motion was called and carried.
COUNTY ATTORNEY ITEMS
-----------------------------------------
----APPROVED MINUTES OF 040511R-------------------------------------
------------------
BOOK - 2011R - B.O.C.C.------------------------------------
-----------------------------------------
------------------------------------- PAGE: 167
Assistant County Attorney
Jed Schneck referred to a March 30 memorandum and timeline that updated
the Board on the Ceitus Boat Lift permit review by both the
Department of Environmental Protection (DEP) and the
U.S. Army Corps of Engineers (USACE). Attorney Schneck requested authorization from the Board to have the
County Attorney’s Office draft a letter to DEP, outlining the County’s concerns and potential recourses, with a copy
to the
City of Fort Myers. Commissioner Judah moved approval to draft the requested letter, seconded by
Commissioner Manning, called and carried.
The Chairman adjourned the meeting at 10:06 a.m.
__________________________
___________________________________
Chairman,
Lee County Commission
-----------------------------------------
----APPROVED MINUTES OF 040511R-------------------------------------
------------------