BOOK - 2011R - B.O.C.C.-----------------------------------
-----------------------------------------
-------------------------------------- PAGE: 435
The
Regular Meeting
of the
Board of
Lee County Commissioners
was held on this date with the
following Commissioners present:
John Manning, Vice Chairman
The Chairman called the meeting to order at 9:30 a.m. The Invocation was given by
Pastor Arlene
Jackson, Grace United Methodist Church of
Cape Coral, followed by the Pledge of Allegiance.
Commissioner Hall read and presented a Ceremonial Resolution congratulating the
Lee County Solid
Waste Division employees and conveying appreciation for their dedicated contributions to
Lee County. Solid Waste
Director
Lindsey Sampson accepted the Resolution, and expressed appreciation to the Board for the recognition.
(
#20110781
- Commissioner Hall)
Commissioner Mann read and presented a Ceremonial Resolution proclaiming the month of October
2011 as: Family History Month in
Lee County and urged all residents to recognize the importance by celebrating their
families’ heritage.
Lee County Genealogical Society representative Carol Rooksby Weidlich accepted the Resolution
and expressed appreciation to the Board for the recognition. Members of the Society made a special presentation to
each of the Commissioners of their genealogical records. (
#20110780
– Commissioner Mann)
Referring to the
Agenda Recap Sheet
dated September 27, 2011, the Chairman announced that:
For Consent Agenda Item 12A, the following language should be added to the
ACTION
REQUESTED/PURPOSE
: Also request that the Board approve waiving of the formal process (if needed) and
authorize the use of the Direct Materials Purchase Orders as provided for in the CM agreement with
Lee County,
which allows the County to purchase directly from suppliers of equipment and/or materials as a cost/time saving
measure. Further, authorize Chairman to execute Agreement upon receipt.
For Administrative Agenda Item 7B the
ACTION REQUESTED/PURPOSE
should be revised to:
January 1, 2012.
For Carry-Over Item 1, the
ACTION REQUESTED/PURPOSE
should be revised to the following:
A) Authorize staff to act as the Construction Manager and solicit informal sub-contractor local bids for
Admin Building Re-roof and Old Courthouse Re-roof projects, in accordance with F.S. 255.20,
where each project cost cannot exceed $300,000 and the electrical work cannot cost more than
$75,000.00.
B) Approve award to low builder, Sutter Roofing, in the amount of $230,685.00 to repair the Admin
Building Roof. Also approve expenditures for repairs up to $300,000.00.
C) Approve expenditure for repairs to the Old Courthouse roof up to $300,000.00.
Consent Agenda Item 10C should be moved to the Administrative Agenda to allow further discussion.
Commissioner Manning moved approval of the above Announcements, seconded by Commissioner Judah, called and
carried.
Two Walk-on items would be taken at the appropriate time.
9:30 A.M. AGENDA ITEM
– Public Comment on Agenda Items
Consent (C) and Administrative (A)
C10C and A10A – President of
Professional Adjustment Corporation
County Manager Item – National
Swim Center,
Lee County Clerk of Courts
The following are Consent Agenda items that each Board member wished to have discussed:
----------------------------------------
------------------APPROVED MINUTES OF 092711R----------------------
---------------------------------
BOOK - 2011R - B.O.C.C.-----------------------------------
-----------------------------------------
-------------------------------------- PAGE: 436
Commissioner Hall - None
Commissioner Manning - None
Commissioner Mann- None
Commissioner Judah – 9B
Commissioner Bigelow – 7C, 10D, 13D
A)
ACTION REQUESTED/PURPOSE:
Approve an advance of $3,450,000.00 to the Tax Collector for ad valorem commission
fees for FY 2011-2012 per Florida Statutes 192.102 and 218.36.
(
#20110761-
COUNTY MANAGER)
FUNDING SOURCE:
General Fund.
WHAT ACTION ACCOMPLISHES:
Provides operating funds necessary for the first 2 months of FY 2011-2012 in anticipation
of commissions earned from ad valorem monies collected and distributed.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
3. CONSTRUCTION AND DESIGN
A)
ACTION REQUESTED/PURPOSE:
Approve transfer of three (3) properties from the non-profit agency Gulf Coast Jewish
Family Services to the non-profit agency Renaissance Manor, Inc. (Community Assisted
and Supportive Living, Inc. dba Renaissance Manor). Also, authorize the Department of
Human Services and the
Department of Community Development to handle and accept all
documentation necessary to ensure transaction is completed and all necessary requirements
are stipulated which will include the transfer of the existing SHIP and HOME mortgages
from Gulf Coast Jewish and Family Services to Community Assisted and Supportive
Living, Inc. The properties are located at 301 Center Drive,
Fort Myers, Fl, Strap #12-45-
24-01-0000L.0150; 302
Danley Dr.,
Fort Myers, FL, strap # 12-45-24-01-0000H.0030;
and 801 Zana Drive,
Fort Myers, FL, Strap #09-44-25-P2-00500.0840.
(
#20110744-
HUMAN SERVICES)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Authorizes properties to be transferred from one non-profit corporation to a different non-
profit corporation in order for the properties to continue to be utilized for supported
housing for persons with disabilities which was the original intended usage.
MANAGEMENT RECOMMENDATION:
Approve.
----------------------------------------
------------------APPROVED MINUTES OF 092711R----------------------
---------------------------------
BOOK - 2011R - B.O.C.C.-----------------------------------
-----------------------------------------
-------------------------------------- PAGE: 437
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
A)
ACTION REQUESTED/PURPOSE:
Approve, and authorize Chair to execute,
Administrative Services Agreement
with ICMA-
RC to manage Other Post Employment Benefits (OPEB) funds.
(
#20110757-
HUMAN RESOURCES)
FUNDING SOURCE:
Funding for administrative fees will come from health plan reserves until reimbursement is
requested from OPEB account.
WHAT ACTION ACCOMPLISHES:
Authorizes ICMA-RC to manage OPEB funds previously allocated by the Board and
invest funds as directed by Trustee (County Manager or designee).
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
B)
ACTION REQUESTED/PURPOSE:
1) Approve award of RFP-11-10 RE-Advertisement of Annual Contract for Chiller
Maintenance to
CS Service Experts
(a local vendor), whose proposal was evaluated to be
in the best interest of
Lee County, for the monthly & annual service lump sum contract
amount of $163,044.00 plus individual
Eddy Current Tests (each required location) for
various chillers located downtown and surrounding areas.
2) Approve a contract period of one (1) year with the option of being renewed for four (4)
additional one (1) year periods (renewed annually), upon mutual agreement of both parties.
3) Accept the Consumer Price Index Adjustment with price increases to be annually
beginning with the billing for the month of October.
4) Authorize Chair to execute contract upon receipt.
(
#20110764-
FACILITIES MANAGEMENT)
FUNDING SOURCE:
Various accounts from County Departments/Divisions.
WHAT ACTION ACCOMPLISHES:
Provides a vendor to perform preventative maintenance and repairs of chillers at the
following locations: Administration East Building, Old Courthouse,
County/City Annex,
Constitutional Complex, Ft.
Myers Main Library,
Justice Center, Public Works Building,
Cape Library,
DOT Billy Creek,
East County Regional Library, Estero Park, Gun Range,
Jail Core Building, Core II, Sheriff’s Forensic Center, Lakes Regional Library, Medical
Examiner (Morgue), Public Safety Building,
South County Regional Library, Dunbar-
Juniper Library, and the Northwest Regional Library.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
C)
ACTION REQUESTED/PURPOSE:
Approve waiver of the formal process for BW-11-06
Lee County Constitutional Complex
Elevators Replacement with
KONE
(a local vendor), in the amount of $395,426.00. Also,
approve
Budget Transfer
in the amount of $400,000.00 from the Generator and Switchgear
Maintenance and Replacement Project to the
Lee County Constitutional Complex
Elevators Replacement Project; amend the FY 10/11 budget accordingly; and authorize
Chair to execute agreement.
(
#20110767-
FACILITIES MANAGEMENT)
FUNDING SOURCE:
Fund – General Fund; Program –
Major Maintenance Project; Project –
Lee County
Constitutional Complex Elevators Replacement.
WHAT ACTION ACCOMPLISHES:
The existing elevators have 60 HP motors while the new elevators will have 9 HP motors.
Due to these energy efficient motors, a minimum of $40,000.00 in energy and cost savings
will be realized within five (5) years. The elevators will be converted from hydraulic to
traction elevators. This change will also result in lower maintenance costs.
MANAGEMENT RECOMMENDATION:
Approve.
----------------------------------------
------------------APPROVED MINUTES OF 092711R----------------------
---------------------------------
BOOK - 2011R - B.O.C.C.-----------------------------------
-----------------------------------------
-------------------------------------- PAGE: 438
PULLED FOR DISCUSSION:
Responding to questions from Commissioner Bigelow regarding the feasibility of maintaining the current elevators as
opposed to replacement, Facilities Services Director
Rich Beck stated that the major concern would be an unexpected
power outage causing a generator overload. Commissioner Bigelow said he could not support this item and
recommended alternative options. Commissioner Judah moved approval, seconded by Commissioner Manning, called
and carried with Commissioner Bigelow voting nay.
8. NATURAL RESOURCES/ SOLID WASTE
A)
ACTION REQUESTED/PURPOSE:
Approve
First Amendment to the Sports Complex Park Antenna Site License Agreement
between Verizon Wireless Personal Communications LP d/b/a Verizon Wireless
(Licensee) and
Lee County to accommodate the update and expansion of equipment in
conjunction with Licensee's use of the 2500 sq. ft tower space located at the
Lee County
Sports Complex; also approve a
memorandum of the amendment to the License
Agreement.
(
#20110771-
PARKS AND RECREATION)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Amendment of the agreement provides the right to add three (3) antennas, upgrade the
existing transmission lines and six (6) antennas, and add additional related equipment,
including a 500 gallon LP tank on a new 4 x 14 foot concrete pad.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Approve
First Amendment to the
Lakes Park Antenna Site License Agreement
between
Verizon Wireless Personal Communications LP d/b/a Verizon Wireless (Licensee) and
Lee
County to accommodate the update and expansion of equipment in conjunction with
Licensee's use of tower space located at the
Lakes Park; and, Approve a
memorandum of
the amendment to the License Agreement.
(
#20110773-
PARKS AND RECREATION)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Amendment of the agreement provides the right to add three (3) antennas at a height not to
exceed 150' and upgrade the existing transmission lines.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
Assistant County Attorney
Dawn Perry Lehnert addressed Commissioner Judah’s concern on the height of the
additional antennas. Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
A)
ACTION REQUESTED/PURPOSE:
Approve, and authorize Chair to execute, an
agreement
with the State of
Florida, Division
of Emergency Management. The agreement provides $10,049.00 in funding to support the
maintenance of a federally-mandated Hazardous Material Emergency Response Plan.
Also, approve Budget Amendment Resolution in the All Hazards Fund for FY11 in the
amount of $10,049.00 and approve the expenditures in the like amount.
(
#20110680-
PUBLIC SAFETY)
FUNDING SOURCE:
All Hazards Fund/Public Safety Grant.
WHAT ACTION ACCOMPLISHES:
Allows the County to accept funding to support maintenance of the
Lee County Hazardous
Material Emergency Response Plan.
----------------------------------------
------------------APPROVED MINUTES OF 092711R----------------------
---------------------------------
BOOK - 2011R - B.O.C.C.-----------------------------------
-----------------------------------------
-------------------------------------- PAGE: 439
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NO. 11-09-36
B)
ACTION REQUESTED/PURPOSE:
Approve
Variation of Agreement
for Software Support to
Optima Corporation Agreement
approved by the
Lee County Board of County Commissioners January 22, 2008.
(
#20110748-
PUBLIC SAFETY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Changes software support for
Lee County ambulance movement software (Optima Live
and Optima Predict) from the current
Auckland,
New Zealand office to Optima
US in
Round Rock,
Texas. Board signature is requested on the Variation of Agreement.
MANAGEMENT RECOMMENDATION:
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
C)
ACTION REQUESTED/PURPOSE:
Award RFP-11-08 Collection Agency Services for Ambulance Transport Accounts, to the
proposer whose proposal was evaluated by the Evaluation Committee as being in the best
interest of
Lee County, Applied Business Services, Inc. - Security Collection Agency for
an overall percentage applied to revenue collected of 17% and with an initial contract
period of two (2) years. The contract may be renegotiated and renewed each year for up to
an additional four (4) years upon mutually satisfactory conditions. Also, authorize Chair to
execute Agreement upon receipt. (
#20110739-
PUBLIC SAFETY)
FUNDING SOURCE:
Fund–General Revenue Fund; Program–Public Safety; Project-N/A.
WHAT ACTION ACCOMPLISHES:
Provides collection agency services from a qualified firm for unpaid patient transport and
or treatment without transport billing accounts.
MANAGEMENT RECOMMENDATION:
Approve.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
Consent Agenda Item 10C should be moved to the Administrative Agenda to allow further discussion. Commissioner
Manning moved approval, seconded by Commissioner Judah, called and carried.
D)
ACTION REQUESTED/PURPOSE:
Award RFP-11-12 Ground and Air Transport Billing, to
Intermedix
whose proposal was
evaluated by the Evaluation Committee as being in the best interest of
Lee County, for an
overall percentage applied to revenue collected of 3.4% (ground & air) and a Medicaid flat
rate fee of $11.00 (ground & air) and with an initial contract period of three (3) years with
the option of being renewed for two (2) additional one (1) year periods upon mutually
satisfactory conditions. (
#20110765-
PUBLIC SAFETY)
FUNDING SOURCE:
Fund-General Revenue Fund; Program-Public Safety; Project-N/A.
WHAT ACTION ACCOMPLISHES:
Provides ground ambulance and air medical transportation billing and collection services.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
Responding to questions from Commissioner Bigelow, Public Safety Director
John Wilson reviewed the evaluation
process. Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried with
Commissioner Bigelow voting nay.
E)
ACTION REQUESTED/PURPOSE:
Approve the
Second Amendment to the Ortiz Cellular Tower Site License Agreement
between
Alltel Wireless Holdings, LLC d/b/a Verizon Wireless (Licensee) and
Lee County
to accommodate the update and expansion of equipment in conjunction with Licensee's use
of tower space located at the 2501 Ortiz Avenue (Emergency Operations Center); and,
----------------------------------------
------------------APPROVED MINUTES OF 092711R----------------------
---------------------------------
BOOK - 2011R - B.O.C.C.-----------------------------------
-----------------------------------------
-------------------------------------- PAGE: 440
approve a
memorandum of the amendment to the License Agreement.
(
#20110772-
PUBLIC SAFETY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Amendment of the agreement provides the right to add three (3) antennas, an equipment
cabinet and upgrade the existing transmission lines.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
11. PUBLIC WORKS ADMINISTRATION
A)
ACTION REQUESTED/PURPOSE:
Award B-11-32 Estero Parkway Extension Landscape & Irrigation Project from Three
Oaks Parkway to
Ben Hill Griffin Parkway to the lowest, responsible bidder meeting all
bid requirements,
Hannula Landscaping and Irrigation, Inc.
, (a local vendor), in the not-to-
exceed amount of $308,928.16 (includes alternate in the amount of $4,094.10) with a
project completion time of 455 calendar days.
Also, request that the Board approve
waiving of the formal process (if needed) and authorize the use of the Direct
Materials Purchase Orders as provided for in the CM agreement with
Lee County,
which allows the County to purchase directly from suppliers of equipment and/or
materials as a cost/time saving measure.
Also, authorize Chair to execute contract upon
receipt. (
#20110753-
TRANSPORTATION)
FUNDING SOURCE:
Fund: Capital Improvement; Program: Capital Projects; Project: Estero Parkway
Extension.
WHAT ACTION ACCOMPLISHES:
Provides a contractor to provide and install plant material and underground irrigation
system, including maintenance of traffic, soil, sod (repairs), pump station, electrical,
directional boring and landscape and irrigation maintenance.
MANAGEMENT RECOMMENDATION:
Approve.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
For Consent Agenda Item 12A, the following language should be added to the
ACTION REQUESTED/PURPOSE
:
Also request that the Board approve waiving of the formal process (if needed) and authorize the use of the Direct
Materials Purchase Orders as provided for in the CM agreement with
Lee County, which allows the County to
purchase directly from suppliers of equipment and/or materials as a cost/time saving measure. Further, authorize
Chairman to execute Agreement upon receipt. Commissioner Manning moved approval, seconded by Commissioner
Judah, called and carried.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
A)
ACTION REQUESTED/PURPOSE:
Developer Contributed Asset: Approve final acceptance, by Resolution, as a donation of
one force main connection, to provide sanitary sewer service to
Munters Corporation, an
existing light industrial use. This asset project is located at on the east side of 6th Street,
approximately 1,000 feet south of Danley Drive. (
#20110711-
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.
----------------------------------------
------------------APPROVED MINUTES OF 092711R----------------------
---------------------------------
BOOK - 2011R - B.O.C.C.-----------------------------------
-----------------------------------------
-------------------------------------- PAGE: 441
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NO. 11-09-37
B)
ACTION REQUESTED/PURPOSE:
Developer Contributed Asset: Approve construction of a water main and gravity main
extensions serving
Pope John XXIII Villas, to provide potable water service, fire
protection, and sanitary sewer service to this proposed multi-family development. This
asset project is located on the east side of Appaloosa Lane, approximately ¼ mile north of
Daniels Parkway. (
#20110742-
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 Hall moved approval, seconded by Commissioner Manning, called and carried.
C)
ACTION REQUESTED/PURPOSE:
Developer Contributed Asset: Approve construction of water distribution and gravity
collection systems to provide potable water service, fire protection and sanitary sewer
service to The Preserve at Corkscrew, Phase 1, a phased residential development. This
asset project is located on the south side of Corkscrew Road, approximately 2 miles east of
#20110743-
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 Hall moved approval, seconded by Commissioner Manning, called and carried.
D)
ACTION REQUESTED/PURPOSE:
Approve, and authorize Chair to execute, a construction contract under RFQ-09-07 Deep
Injection Well and Monitoring Well Construction, Modification, Repair, Geophysical,
Logging and Mechanical Integrity Testing, for the project known as North
Lee County
Water Treatment Plant, Deep Injection Well Annulus Leak Repair to
Inc.
, in the amount of $240,000.00 with a total project completion time of 180 calendar
days. (
#20110737-
UTILITIES)
FUNDING SOURCE:
Fund: LCU Water & Sewer Rehabilitation & Replacements; Program:
Major Maintenance;
Project: Water Treatment Plant Rehabilitation & Replacements.
WHAT ACTION ACCOMPLISHES:
To provide construction services for the modification/repair of the Deep Injection Well
annulus at the North
Lee County Water Treatment Plant.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION:
Utilities Director
Pamela Keyes responded to the question from Commissioner Bigelow whether this item had been
competitively bid by other local companies, and advised of the urgent nature. Commissioner Judah moved approval,
seconded by Commissioner Mann, called and carried with Commissioner Bigelow voting nay.
E)
ACTION REQUESTED/PURPOSE:
Verizon Agreements: Authorize Chair to execute the
"Memorandum of North Water
Tower Antenna Site License Agreement"
and the
"Second Amendment to North/
J. Colin
English Water Tower Antenna Site License Agreement"
. (
#20110762-
UTILITIES)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
These documents will allow Verizon Wireless Personal Communications, LP to
----------------------------------------
------------------APPROVED MINUTES OF 092711R----------------------
---------------------------------
BOOK - 2011R - B.O.C.C.-----------------------------------
-----------------------------------------
-------------------------------------- PAGE: 442
install/replace/maintain wireless radio equipment on a County owned and maintained
water tower.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
F)
ACTION REQUESTED/PURPOSE:
Verizon Agreements: Authorize Chair to execute the
"Memorandum of Tice Water Tower
Antenna Site License Agreement"
and the
"Second Amendment to Tice Water Tower
Antenna Site License Agreement"
. (
#20110763-
UTILITIES)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
These documents will allow Verizon Wireless Personal Communications, LP to
install/replace/maintain wireless radio equipment on a County owned and maintained
water tower.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
16. CONSTITUTIONAL OFFICERS
A)
ACTION REQUESTED/PURPOSE:
Approve adoption of Resolution to record authority for the disposal of county-owned
tangible personal property in fiscal year 2011. (
#20110759-
FINANCE)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Records authority for disposal of county-owned personal property by resolution in the
Board meeting minutes as required by Section 274.07, Florida Statutes.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NO. 11-09-38
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 (see background
information).
(#20110760-
FINANCE)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
To provide interim reporting on selected funds, revenues, and expenditures of the
Lee
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
value of the investments managed by the Clerk’s Office. To include the
Lee County
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
funds of the
Lee County Board of County Commissioners, the status of specific revenues
and expenditures as of the stated dates, and the market value of investments managed by
the Clerk’s Office on behalf of the Board.
----------------------------------------
------------------APPROVED MINUTES OF 092711R----------------------
---------------------------------
BOOK - 2011R - B.O.C.C.-----------------------------------
-----------------------------------------
-------------------------------------- PAGE:
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 September 12 through September 16, 2011:
September 12, 2011 (Management & Planning) September 13, 2011 (Regular)
(
#20110782-
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.
D)
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. (
#20110783-
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.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
3. CONSTRUCTION AND DESIGN
7. INDEPENDENT
----------------------------------------
------------------APPROVED MINUTES OF 092711R----------------------
---------------------------------
BOOK - 2011R - B.O.C.C.-----------------------------------
-----------------------------------------
-------------------------------------- PAGE: 444
A)
ACTION REQUESTED/PURPOSE:
Award RFP-11-09,
Group Dental
and Vision Plans for
Lee County, to the proposers whose
proposal is deemed to be in the best interest of
Lee County, ranked as follows:
DENTAL: (1)
Aetna, and (2) Dearborn National;
VISION: (1)
Vision Service Plan (VSP)
and, (2) Davis Vision, for the individual prices
listed in the price proposal, with an initial contract period of twelve (12) months,
commencing January 1, 2012. The contract may be renegotiated and renewed each year
for up to an additional four (4) years upon mutually satisfactory conditions. Also,
authorize Chair to execute Agreements upon receipt.
(
#20110709-
HUMAN RESOURCES)
FUNDING SOURCE:
DENTAL: Funding will come from employer and employee contributions; VISION: No
employer funding needed. Premiums are fully paid by employees.
WHAT ACTION ACCOMPLISHES:
Provides
Lee County with carriers that will provide effective and comprehensive Dental
and Vision insurance plans for County employees and their dependent family members.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Judah. Human Resources Manager Christine
Brady responded to Board questions and comments, and the motion was called and carried with Commissioner
Bigelow voting nay.
B)
ACTION REQUESTED/PURPOSE:
Approve award of RFP-11-11, Group FSA/COBRA Administration for
Lee County, to
whose proposal was evaluated by the Evaluation Committee as being in
the best interest of
Lee County. The initial contract period will be for twelve (12) months
commencing January 1, 2010
January 1, 2011
. The contract may be renegotiated and
renewed each year for up to an additional four (4) years upon mutually satisfactory
conditions. Authorize Chair to execute Agreement upon receipt. (
#20110766-
HUMAN
RESOURCES)
FUNDING SOURCE:
FSA: Funding will come from employee contributions; COBRA: Funding will come from
participant premiums for their elected COBRA plans.
WHAT ACTION ACCOMPLISHES:
Provides for the administration of the following Group Flexible Spending Accounts
(FSA’s): Medical Reimbursement Account, and Dependent Care Reimbursement Account;
and, COBRA Continuation Coverage administration for employees terminated from
Lee
County Benefits plans.
MANAGEMENT RECOMMENDATION:
Approve.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
Administrative Agenda Item 7B the
ACTION REQUESTED/PURPOSE
should be revised to: January 1, 2012.
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
Commissioner Manning moved approval, seconded by Commissioner Judah. Human Resources Manager Christine
Brady responded to Board questions on the plan details , and the motion was called and carried, with Commissioner
Bigelow voting nay due to his lack of support for the make-up of the Selection Committee.
8. NATURAL RESOURCES/ SOLID WASTE
A)
ACTION REQUESTED/PURPOSE:
Award RFP-11-08 Collection Agency Services for Ambulance Transport
Accounts, to the proposer whose proposal was evaluated by the Evaluation
----------------------------------------
------------------APPROVED MINUTES OF 092711R----------------------
---------------------------------
BOOK - 2011R - B.O.C.C.-----------------------------------
-----------------------------------------
-------------------------------------- PAGE: 445
Committee as being in the best interest of
Lee County,
Applied Business Services,
Inc.
- Security Collection Agency for an overall percentage applied to revenue
collected of 17% and with an initial contract period of two (2) years. The contract
may be renegotiated and renewed each year for up to an additional four (4) years
upon mutually satisfactory conditions. Also, authorize Chair to execute Agreement
upon receipt. (
#20110739-
PUBLIC SAFETY)
FUNDING SOURCE:
Fund–General Revenue Fund; Program–Public Safety; Project-N/A.
WHAT ACTION ACCOMPLISHES:
Provides collection agency services from a qualified firm for unpaid patient
transport and or treatment without transport billing accounts.
MANAGEMENT RECOMMENDATION:
Approve.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
Consent Agenda Item 10C should be moved to the Administrative Agenda to allow further discussion.
Commissioner Manning moved approval, second by Commissioner Judah, called and carried.
Public Safety Director
John Wilson addressed questions and comments from the Board, with additional input by
Purchasing Manager Bob Franceschini and County Attorney
Michael Hunt. Commissioner Judah moved to reject
Staff’s recommendation and go with the
Professional Adjustment Corporation,
seconded by Commissioner Mann.
Following further discussion on the award process, the motion was called and carried with Commissioners Manning
and Bigelow voting nay.
11. PUBLIC WORKS ADMINISTRATION
A)
ACTION REQUESTED/PURPOSE:
Adopt a Resolution amending the
Lee County Administrative Code Section 13-6
pertaining to Annual
Lee Plan Amendment Procedures and Section 13-7 pertaining to
Public Participation Procedures Relating to Comprehensive Plan Amendments.
(
#20110758-
COUNTY ATTORNEY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Conform Code provisions to current statutory requirements and County practices.
MANAGEMENT RECOMMENDATION:
Updates procedures to reflect governing regulations and current practices.
Commissioner Manning moved approval, seconded by Commissioner Hall.
Assistant County Attorney
Michael Jacob
requested that revisions outlined in his
Memorandum of September 26, 2011
be incorporated into the Amendments
under consideration. The motion maker and seconder agreed, and the motion was called and carried.
RESOLUTION NO. 11-09-39
16. CONSTITUTIONAL OFFICERS
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
----------------------------------------
------------------APPROVED MINUTES OF 092711R----------------------
---------------------------------
BOOK - 2011R - B.O.C.C.-----------------------------------
-----------------------------------------
-------------------------------------- PAGE: 446
1. ACTION REQUESTED/PURPOSE:
Conduct a Public Hearing on Tuesday, September 27, 2011, at 9:30 a.m. in the Chambers to
consider the adoption and execution of the proposed Ordinance, repealing and replacing in its
entirety
Lee County Ordinance No. 08-28, relating to the County's Investment Policy Relating to
Trust Funds for Other Post-Employment Benefits (OPEB).
(
#20110707-
COUNTY ATTORNEY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Amendment of the Ordinance would allow for the addition of
Lee County Sheriff retirees benefits
to be funded from OPEB trust funds.
MANAGEMENT RECOMMENDATION:
Per direction from County Administration.
Deputy County Attorney
Andrea Fraser approved, as to legal form and sufficiency, the Affidavit of Publication for
this item, and briefly reviewed the request. The Chairman called for public comment and the following individual
came forward in opposition to the amendment.
Commissioner Hall moved approval for discussion, seconded by Commissioner Judah. Following clarification of
the proposed Ordinance by Human Resources Manager
Christine Brady, Commissioner Bigelow requested
additional information from County Administration.
The Chairman called for a short break to allow appropriate staff to provide the requested information. The
Chairman called the meeting back to order with all Commissioners present.
Budget Services Manager
Dave Harris and
Ms. Brady responded to questions by Commissioner Bigelow. There was
consensus that additional information be provided by staff at the October 4, 2011 Regular Board Meeting. The
motion was called and carried with Commissioners Mann and Bigelow voting nay. The Ordinance adopted by the
Board and filed was
LEE COUNTY ORDINANCE NO. 11-11, ENTITLED:
AN ORDINANCE OF THE BOARD
OF COUNTY COMMISSIONERS
OF LEE
COUNTY, FLORIDA REPEALING AND REPLACING IN ITS ENTIRETY
LEE
COUNTY ORDINANCE NO. 08-28, RELATING TO THE COUNTY’S
INVESTMENT POLICY FOR TRUST FUNDS FOR OTHER POST-EMPLOYMENT
BENEFITS (OPEB).
2. ACTION REQUESTED/PURPOSE:
Conduct a Public Hearing and consider the adoption and execution of the proposed Ordinance
amending the
Lee County Airport Rules and Regulations Ordinance No. 94-09, as amended.
(
#20110736-
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:
Adopt Ordinance.
Chief
Assistant County Attorney
Greg Hagen approved, as to legal form and sufficiency, the Affidavit of Publication
for this item, and briefly reviewed the request. The Chairman called for public comment; however, no one came
forward. Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried with
Commissioner Bigelow voting nay. The Ordinance adopted by the Board and filed was
ORDINANCE NO. 11-12, ENTITLED:
AN ORDINANCE AMENDING THE AIRPORT RULES AND REGULATIONS
ORDINANCE NO. 94-09, AS AMENDED BY ORDINANCE NOS. 97-20 AND
01-19
TO AMEND SECTION 4.07, “WEAPONS”; PROVIDING FOR EFFECT
----------------------------------------
------------------APPROVED MINUTES
OF 092711R----------------------
---------------------------------
BOOK - 2011R - B.O.C.C.-----------------------------------
-----------------------------------------
-------------------------------------- PAGE: 447
OF RECITALS; PROVIDING FOR CONFLICTS
OF LAW SEVERABILITY,
CODIFICATION, SCRIVENER’S ERRORS AND AN EFFECTIVE DATE.
ACTION REQUESTED/PURPOSE:
Approval of Analysis to Impediments (A1) to
Fair Housing – Directing County Manager and
Community Development Director to execute the same. (
#20110787-
COUNTY MANAGER)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Complies with statutory obligation for entities receiving federal funds (such as Community
Development Block Grants (CDBG Grants), Emergency Shelter Grants (ESG), Housing
Opportunities for Persons with AIDS Grants (HOPWA), Housing Opportunity Made Equal Grants
(HOME Grants) etc. through the Department
of Housing and Urban Development (HUD) – so
called entitlement jurisdictions – to take measures to affirmatively further fair housing as a
condition of continuing to receive federal funds.
MANAGEMENT RECOMMENDATION:
Approve the A1, effective September 2011, through September 2016, setting the time period of the
goals indicated as September 2016.
Equal Opportunity Analyst
Mary Ellen Harrigan referenced an Analysis of Impediments provided to the Board, and
urged approval, noting a September 30, 2011 deadline for submission. Commissioner Judah moved approval,
seconded by Commissioner Manning. Following brief discussion on the timeliness of the document’s receipt, the
motion was called and carried with Commissioner Bigelow voting nay, indicating his need for more review time.
ACTION REQUESTED/PURPOSE:]
Discuss possible adoption of a Resolution “Declaring a State of Local Emergency”, relating to
dangerous road conditions posed to emergency vehicles passage on particular roads in the North
Fort Myers Fire District Area. (
#20110796-
COUNTY ATTORNEY)
FUNDING SOURCE:
All Hazards.
WHAT ACTION ACCOMPLISHES:
Allows for the protection of life, safety and well-being of
Lee County citizens on particular roads
in the North
Fort Myers Fire District Area.
MANAGEMENT RECOMMENDATION:
N/A
Public Safety Director
John Wilson provided an update on this matter. Commissioner Manning briefly left the
Chambers at the beginning of the update. Following discussion, Commissioner Hall advised that a
Town Hall
Meeting had been arranged for next week and that she would come back to the Board with further recommendations.
1. ACTION REQUESTED/PURPOSE:
Approve, and authorize Chair to execute, Addendum to the Construction Manager Agreement
under project RFQ-11-05 Annual Contract for Construction Management, for the project known as
Admin Building
Re-Roof, to WestCo Builders of
Florida, Inc. (a local contractor), Contract No.
5668, for a Guaranteed Maximum Price (GMP) of $307,828.00 (includes CM Fee of $22,915.00
or 8.65%), utilizing 100% local vendors, with a total project time of sixty (60) calendar days.
Also, approve waiving of the formal process (if needed) and authorize the use of Direct Materials
Purchase Order as provided for in the CM Agreement with
Lee County, which allows the County
to purchase directly from suppliers of equipment and/or materials as a cost/time saving measure.
Authorize staff to act as the Construction Manager and solicit informal sub-contractor local
bids for
Admin Building Re-roof and Old Courthouse Re-roof projects,
in accordance with
F.S. 255.20, where each project cost cannot exceed $300,000 and the electrical work cannot
cost more than $75,000.00.
Approve award to low builder, Sutter Roofing, in the amount of $230,685.00 to repair the
Admin Building Roof. Also approve expenditures for repairs up to $300,000.00.
Approve expenditure for repairs to the Old Courthouse roof up to $300,000.00.
(
#20110708-
FACILITIES MANAGEMENT)
FUNDING SOURCE
Fund – General Fund; Program –
Major Maintenance Project; Project -
Re-Roof Administration
----------------------------------------
------------------APPROVED MINUTES
OF 092711R----------------------
---------------------------------
BOOK - 2011R - B.O.C.C.-----------------------------------
-----------------------------------------
-------------------------------------- PAGE:
Building
WHAT ACTION ACCOMPLISHES
Provides a Construction Manager for the re-roofing of the Administration Building.
MANAGEMENT RECOMMENDATION
Approve.
REASON FOR CARRYOVER:
This item was deferred by the Board on September 13, 2011.
DURING THE ANNOUNCEMENTS PORTION
OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
For Carry-Over Item 1, the
ACTION REQUESTED/PURPOSE
should be revised to the following:
A) Authorize staff to act as the Construction Manager and solicit informal sub-contractor local bids for
Admin Building Re-roof and Old Courthouse Re-roof projects, in accordance with F.S. 255.20,
where each project cost cannot exceed $300,000 and the electrical work cannot cost more than
$75,000.00.
B) Approve award to low builder, Sutter Roofing, in the amount of $230,685.00 to repair the Admin
Building Roof. Also approve expenditures for repairs up to $300,000.00.
C) Approve expenditure for repairs to the Old Courthouse roof up to $300,000.00.
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
Facilities Management Director
Rich Beck reviewed the project and responded to questions and comments from
Commissioner Bigelow. Commissioner Manning moved approval of staff’s recommendation, seconded by
Commissioner Hall, called and carried with Commissioner Bigelow voting nay.
ART DISPLAY - Commissioner Hall extended an invitation to stop by her office to view and enjoy an
“explosion of color” art display by local artist
Kathy Lynn Johnson.
TOWN HALL MEETING - Commissioner Hall advised that she had scheduled a
Town Hall Meeting
in North
Fort Myers next week, to gather publi input pertinent to the issue of deterioration of private roads in an
effort to assist the Board with remediation of this issue.
COUNTY BUDGET FY2012-2013 - Commissioner Hall expressed concern for the challenges facing
the Board regarding the next fiscal budget, and requested that four Budget Workshop Meetings, with a time allotment
of 3 hours each, be scheduled prior to March 2012. She further stated the need to meet with Financial Advisors,
which should be in addition to the regular Management & Planning Meetings. Chairman Mann asked County
Manager
Karen Hawes to set up the meetings and provide tentative dates to the Board at the October 4, 2011 Regular
Meeting.
CHAIRMAN OUT
OF TOWN - Chairman Mann advised that he would be absent until mid-October,
requesting Vice Chairman Manning to chair the meetings.
CLOSING
OF FACILITY - Commissioner Judah requested that a
letter from the Commissioners be
sent to Senators Mack, Nelson and Rubio
concerning the severe economic impact that would be created by the loss of
450 jobs in
Lee County due to the proposed closing by the Federal Government of the Postal Facility at the Fort
Myers Jetport Industrial Complex. Following discussion by the Board, Commissioner Judah moved to send the
requested letter, seconded by Commissioner Manning, called and carried with Commissioners Mann and Bigelow
voting nay.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT SURPLUSING
OF PUBLICLY-OWNED
LANDS ALONG CALOOSAHATCHEE RIVER - Commissioner Judah requested direction from the Board and
comments from Natural Resources in this matter, citing the Board’s efforts to obtain lands for purposes of storage and
treatment of surplus water runoff from Lake Okeechobee in an effort for protection of critical water resources. He
also requested that Natural Resources ascertain which parcels are being surplused.
Commissioner Bigelow moved to appoint
Debi L. Pendlebury to the
LAND DEVELOPMENT
CODE ADVISORY BOARD,
Jennifer Duffala Hagen to the
COMMUNITY SUSTAINABILITIY
COMMITTEE,
and to rescind the appointment of Stephanie Kolenut to the
EXECUTIVE REGULATORY
OVERSIGHT COMMITTEE,
seconded by Commissioner Hall, called and carried.
----------------------------------------
------------------APPROVED MINUTES
OF 092711R----------------------
---------------------------------
BOOK - 2011R - B.O.C.C.-----------------------------------
-----------------------------------------
-------------------------------------- PAGE: 449
Commissioner Mann requested a motion to re-appoint
Robert S. Croson to the
STREETLIGHTING UNIT
, and
James E. Lowndes to the
CONSTRUCTION LICENSING ADVISORY
COMMITTEE.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
Commissioner Hall moved to rescind an appointment of
Michael Antone from the
CONSTRUCTION
LICENSING BOARD
, seconded by Commissioner Manning, called and carried.
Following the Commissioner Appointments, Commissioner Bigelow left the meeting and was absent for the
remainder of the meeting.
County Manager
Karen B. Hawes announced that
Lee County Economic Development Director
Jim Moore had
prepared a business analysis of the National
Swim Center’s proposal for negotiation of a lease agreement for the old
Red Sox Stadium, along with input from
Assistant County Manager
Doug Meurer. Following
Mr. Moore’s
presentation, the Commissioners discussed the following: the need for a realistic escalator clause, the agreement that
the Clerk of Courts will act as the escrow agent, the need for a performance completion bond approved by an
appropriate bonding company, the concern with items possibly being moved to the Red Sox Stadium, the need for a
business plan with the contract, the parking availability, the need for a damage deposit/deferred escrow/maintenance
component, the fact that there would be no use of public funds, and the conclusion of negotiations in four weeks.
County Attorney
Michael D. Hunt had no items for discussion.
PUBLIC PRESENTATION
OF MATTERS BY CITIZENS:
Lehigh Acres resident
came forward to express concerns on budgetary matters.
The Chairman adjourned the meeting at 1:00 p.m.
__________________________
_______________________________________
Chairman,
Lee County Commission
----------------------------------------
------------------APPROVED MINUTES
OF 092711R----------------------
---------------------------------