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BOOK - 2011R - B.O.C.C. -----------------------------------
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SEPTEMBER 20, 2011
The
Regular Meeting
of the
was held on this date with the
following Commissioners present:
The Chairman called the meeting to order at 9:30 a.m. The Chair requested for a moment of silence for
PRESENTATIONS
rd
September 20, 2011 as Taste of the Nations Day in Lee County, and encourage all Lee County residents to recognize
and support the efforts of the Nations Association Charities, Inc. Reverend Suarez accepted the Resolution, thanked
the Board and invited the Board for tonight’s Taste of the Nations’ event. (
#20110754-
Commissioner Judah)
ANNOUNCEMENTS
Referring to the
Agenda Recap Sheet
dated September 20, 2011, the Chairman announced that:
For Consent Agenda Item 2(a) replace the County Attorney Memo of June 9, 2010 with the memo of
September 14, 2011 to further define the use of Unincorporated MSTU funds for this loan forgiveness.
Carry-over Item No. 1 would be taken at the appropriate time.
9:30 A.M. AGENDA ITEM
- Public Comment on Agenda Items
Consent (C) and Administrative (A)
The Chairman called for public comment and the following concerned citizens came forward:
Chris Nehein
C6(b) – Reverend
Jehovah Alston
The following are the Consent Agenda items that each Board member wished to have discussed:
Commissioner Mann – 2(a)
Commissioner Manning - None
Commissioner Judah – 1(e)
Commissioner Hall – 1(e)
Commissioner Bigelow – 1(d)
CONSENT AGENDA
1. COUNTY ADMINISTRATION
A)
ACTION REQUESTED/PURPOSE:
As required by AC 4-4, approve expenditure of $4,081,167.00 for the purchase of Excess
Property and Casualty Insurance coverage for FY 10/01/11 to 10/01/12. (
#20110727-
COUNTY MANAGER)
FUNDING SOURCE:
Property & Liability Insurance and Bonds Fund.
WHAT ACTION ACCOMPLISHES:
Enables the Budget Services/Risk Management office to purchase necessary insurance in
order to provide financial protection to the County against various unexpected property
and casualty type losses.
MANAGEMENT RECOMMENDATION:
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Approval.
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
B)
ACTION REQUESTED/PURPOSE:
As required by AC 4-4, approve expenditure of $876,245.00 for the purchase of insurance
(
#20110728-
COUNTY MANAGER)
FUNDING SOURCE:
Toll Facilities – Midpoint Operations Insurance and Bonds.
Toll Facilities – Sanibel Operations Insurance and Bonds.
WHAT ACTION ACCOMPLISHES:
Enables the Budget Services/Risk Management office to purchase necessary insurance in
order to provide financial risk transfer to protect the County’s assets against various
unexpected property and casualty type losses.
MANAGEMENT RECOMMENDATION:
Approval.
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
C)
ACTION REQUESTED/PURPOSE:
Approve extending the MMG Worldwide contract by one month, changing the contract
period from September 1, 2011 through September 30, 2014, with the option of renewal
for two (2) one (1) year periods. (
#20110734-
VISITOR AND CONVENTION BUREAU)
FUNDING SOURCE:
Fund: Tourist Dev. Tax Trust; Program: VCB Visitor and Convention Bureau; Project:
Promo Advertising & Expe.
WHAT ACTION ACCOMPLISHES:
Board approved the execution of an agreement with MMG Worldwide on June 14, 2011,
and provider to the Visitor & Convention Bureau (VCB) for the following advertising
services: Development of a strategic advertising plan; creative strategy, creation and
production of all advertising; placement of advertising, regardless of type, at the lowest
competitive rate; development and coordination of media plans; brand marketing; create
and implement cooperative advertising programs; and develop promotions in order to
stretch the reach of the advertising budget.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
D)
ACTION REQUESTED/PURPOSE:
Concur with the ranking of Consultants by the Competitive Negotiations Committee for
CN-11-15 Financial Advisor in the following order of ranking, and authorize staff to
negotiate hourly rates and other independent costs with the number one ranked firm: (1)
three (3) years. Also, authorize Chair on behalf of the Board to execute the agreements
upon final negotiations. (
#20110735-
COUNTY MANAGER)
FUNDING SOURCE:
Fund: General Fund – Program: Non-Dept – Non-Departmental – Project: Financial
Services.
WHAT ACTION ACCOMPLISHES:
responsible process of conducting the sale of bonds by recommending competitive
bidding, negotiation, or some other means. The Financial Advisor will not participate
either directly or indirectly as underwriters in the sale of the bonds, nor have any financial
interest, directly or indirectly in such sale, except as to compensation paid hereunder by the
County.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
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After Commissioner Bigelow expressed his non-support of the ranking process, Commissioner Manning moved
approval, seconded by Commissioner Judah. Following Commissioner Judah’s comments of appreciation to the firm
of Dunlop & Associates, the motion was called and carried, with Commissioner Bigelow voting nay.
E)
ACTION REQUESTED/PURPOSE:
Approve budget amendment resolution to accept additional tourist development tax
revenue in the amount of $3,000,000.00; and amend FY 2010-11 Visitor & Convention
Bureau (VCB) budget. (
#20110738-
VISITOR AND CONVENTION BUREAU)
FUNDING SOURCE:
Tourist Development Tax Trust.
WHAT ACTION ACCOMPLISHES:
Adjusts revenue, reserves, stadium debt service and beach & shoreline fund budgets. This
will provide a more accurate reflection of tourist tax revenue while adjusting the stadium
debt service and beach & shoreline budgets and reserve balances.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
At the request of Commissioners Judah and Hall, Visitor & Convention Bureau Director Tamara Pigott noted the
request from the City of Bonita Springs and recommended not to accept any out-of-cycle beach and shoreline
requests, instead allow as an option some of the additional funds to be utilized in the next cycle. Commissioner Judah
moved approval, seconded by Commissioner Manning. Commissioner Judah requested that a letter be sent to the
Mayor of Bonita Springs with a copy to the City Manager. After Ms. Pigott responded to questions by Commissioner
Bigelow, the motion was called and carried.
RESOLUTION NOS. 11-09-21 THROUGH 11-09-24
F)
ACTION REQUESTED/PURPOSE:
As required by AC 4-4, approve expenditure of $114,468 for the purchase of EMS
(
#20110729-
COUNTY MANAGER)
FUNDING SOURCE:
Public Safety-Emergency Response Insurance and Bonds.
WHAT ACTION ACCOMPLISHES:
Provides continuous coverage to the EMS helicopter for physical damage and provides
financial risk transfer via aircraft hull and liability insurance.
MANAGEMENT RECOMMENDATION:
Approval.
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
2. COMMUNITY DEVELOPMENT
A)
ACTION REQUESTED/PURPOSE:
Approve forgiving $3,000,000.00 loan and all accrued FY 10-11 interest for
Unincorporated MSTU Fund (15500) loan to MSBU Building Reserve Fund (15501)
before one (1) year renewal expires 9/30/11. Also approve Budget Amendment Resolution
and Request for
Transfer of Funds
in the amount of $606,231.00 to accomplish this.
(
#20110733-
COMMUNITY DEVELOPMENT)
FUNDING SOURCE:
Unincorporated Area MSTU (15500) is source of original loan.
WHAT ACTION ACCOMPLISHES:
The loan to the MSTU Building Reserve fund (15501) will be forgiven and removed from
the financial statements.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
At the request of Chairman Mann, Community Development Director Mary Gibbs reviewed the status of the loan
provided a couple of years ago, and provided a summary of ways in which the Department plans to cut expenditures.
Board discussion ensued with Ms. Gibbs responding to questions. Commissioner Judah moved approval, seconded by
Commissioner Manning. Following further discussion, the motion was called and carried.
RESOLUTION NO. 11-09-25
3. CONSTRUCTION AND DESIGN
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BOOK - 2011R - B.O.C.C. -----------------------------------
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A)
ACTION REQUESTED/PURPOSE:
a) Approve
Change Order No. 4
amount of $332,520.00 to allow funds to be moved over to the Stadium Package GMP.
b) Approve
Change Order No. 6
increase amount of $332,520.00 to increase line items and Budget.
c) Authorize Chair to execute both Change No. 4 (Site Package) and Change Order No. 6
(Stadium Package) on behalf of the Board. (
#20110713-
CONSTRUCTION AND
DESIGN)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Change Order will allow to zero out the earthwork line item (Site Package) for fill, and
increase Change Order No. 6 (Stadium Package) to increase 3 line items and the remaining
to increase the Budget.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
4. COUNTY COMMISSIONERS
No requests received.
5. COUNTY LANDS
No requests received.
6. HUMAN SERVICES
A)
ACTION REQUESTED/PURPOSE:
Human Services to receive $66,606.00 from FEMA Phase 29 Emergency Food and Shelter
Program (EFSP). (
#20110714-
HUMAN SERVICES)
FUNDING SOURCE:
FEMA Phase 29 Emergency Food and Shelter Program.
WHAT ACTION ACCOMPLISHES:
Amends and increases the existing Departmental budget by $66,606.00 in emergency
assistance funding allowing DHS to serve approximately 200 households in economic
crisis.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
RESOLUTION NO. 11-09-26
B)
ACTION REQUESTED/PURPOSE:
used to assist homeless families with children.
(2) Approve a FY10/11 budget amendment resolution. (
#20110715-
FUNDING SOURCE:
Individual donor that requests anonymity.
WHAT ACTION ACCOMPLISHES:
Sufficiency Program to meet unique needs of homeless families and children.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
RESOLUTION NO. 11-09-27
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7. INDEPENDENT
A)
ACTION REQUESTED/PURPOSE:
Services for
application by October 1, 2011 to be considered eligible for Chapter 257 funds.
(
#20110732-
LIBRARY)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Funds.
MANAGEMENT RECOMMENDATION:
Recommends approval.
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Request authorization to advertise and set a Public Hearing on October 11, 2011 at 9:30
a.m., to amend the Taxicab & Livery Ordinance 11-07.
(
#20110740-
PUBLIC RESOURCES)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Sets Public Hearing date of October 11, 2011 at 9:30 a.m. in order for the Board to
formally adopt amending Ordinance 11-07 Taxicab & Livery.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
8. NATURAL RESOURCES/ SOLID WASTE
A)
ACTION REQUESTED/PURPOSE:
Approve listing of three (3) Mandatory Garbage Hardship Payment Deferral requests for
Fiscal Year 2011/2012, October 1, 2011 through September 30, 2012. Approved listing of
parcels will be submitted to the Property Appraiser for proper notation on the solid waste
roll, and the Solid Waste Division will record a lien against the applicant's property.
(
#20110710-
SOLID WASTE)
FUNDING SOURCE:
Not applicable.
WHAT ACTION ACCOMPLISHES:
Defers payment, and provides for the recording of liens under the Mandatory Garbage
Hardship Deferral Program.
MANAGEMENT RECOMMENDATION:
Approve attached listing of Mandatory Garbage Hardship Payment Deferral requests for
Fiscal Year 11-12.
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
9. PARKS AND RECREATION
No requests received.
10. PUBLIC SAFETY
A)
ACTION REQUESTED/PURPOSE:
Approve
Board of County Commissioners for Intra and Inter-facility transport services.
(
#20110717-
PUBLIC SAFETY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
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MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
11. PUBLIC WORKS ADMINISTRATION
No requests received.
12. TRANSPORTATION
A)
ACTION REQUESTED/PURPOSE:
Request Board approval for the closing of the Midpoint Memorial Bridge on Veterans
Day, November 11, each year for the next four (4) years, 2011 through 2014, for the
Veterans Day foot race from approximately 5:00 p.m. until approximately 9:00 p.m.,
except on the year where Veterans Day falls on a weekend in which the race would be held
on the Saturday, November 10, with the closure from 7 a.m. until 11 a.m. (2012).
(
#20110712-
TRANSPORTATION)
FUNDING SOURCE:
Board approval is required to close the bridge.
WHAT ACTION ACCOMPLISHES:
through the 5K foot race across the bridge.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
B)
ACTION REQUESTED/PURPOSE:
lowest, responsible bidder meeting all bid requirements,
CSJ of SWFL, Inc.
, (a local
not-to-exceed amount of $135,787.46 with a project completion time of 90 calendar days.
2. Authorize Chair to execute contract on behalf of the Board upon receipt.
(
#20110716-
TRANSPORTATION)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Provides a contractor for the repair of concrete delamination for the bridge deck and
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
13. UTILITIES
No requests received.
14. COUNTY ATTORNEY
No requests received.
15. HEARING EXAMINER
No requests received.
16. CONSTITUTIONAL OFFICERS
A)
ACTION REQUESTED/PURPOSE:
Approve the Minutes for the following meetings of the Board of County Commissioners
held during the week of September 5 through September 9, 2011:
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September 6, 2011 (Regular) September 7, 2011 (Tentative Budget).
(
#20110749-
MINUTES)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Approval of the Board Minutes, pursuant to Florida Statute 286.011.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
B)
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. (
#20110750-
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 Manning moved approval, seconded by Commissioner Judah, called and carried.
C)
ACTION REQUESTED/PURPOSE:
Approve disbursement of excess funds resulting from the sale of tax deed certificates to the
claimants verified and certified under Florida Statutes 197.582.
Tax Deed No.
2008-000990
2010-002955
2010-002092
2010-002102
2010-000986
2010-001396
2008-003319
2009-006067
2009-006465
2010-000529
2010-000591
2010-000722
2004-002820
2007-000163
2007-001015
Claimants
Jupiter Asset Recovery, LLC
Jupiter Asset Recovery, LLC
Swearingen & Associates, Inc.
Daniel Clerc
Amount
$1,252.16
$345.06
$1,471.83
$2,143.73
$59,093.70
$7,546.02
$1,283.32
$870.18
$6,080.31
$307,351.32
$9,075.86
$8,142.58
$28,591.21
$4,338.22
$10,396.69
(
#20110752-
DELINQUENT TAX)
FUNDING SOURCE:
Proceeds from a tax deed sale in excess of the taxes and/or liens owed are being held by
the Board for disbursements in accord with Florida Statutes, Chapter 197.
WHAT ACTION ACCOMPLISHES:
Provides for disbursement of excess tax deed proceeds to an appropriate claimant in
compliance with statutory rules and requirements.
MANAGEMENT RECOMMENDATION:
Approve disbursement to identified claimants.
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Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
No requests received.
ADMINISTRATIVE AGENDA
1. COUNTY ADMINISTRATION
No requests received.
2. COMMUNITY DEVELOPMENT
No requests received.
3. CONSTRUCTION AND DESIGN
No requests received.
4. COUNTY COMMISSIONERS
No requests received.
5. COUNTY LANDS
No requests received.
No requests received.
7. INDEPENDENT
No requests received.
8. NATURAL RESOURCES/ SOLID WASTE
No requests received.
9. PARKS AND RECREATION
No requests received.
10. PUBLIC SAFETY
No requests received.
11. PUBLIC WORKS ADMINISTRATION
No requests received.
12. TRANSPORTATION
No requests received.
13. UTILITIES
No requests received.
14. COUNTY ATTORNEY
A)
ACTION REQUESTED/PURPOSE:
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198, Burnt Store Road Project. (
#20110719-
COUNTY ATTORNEY)
FUNDING SOURCE:
Fund: toll surplus, land; Program: Capital Improvement Project; Project: Burnt Store
Road Widening.
WHAT ACTION ACCOMPLISHES:
Settles all claims for condemnation of Parcel 198 except taxable costs.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
15. HEARING EXAMINER
No requests received.
16. CONSTITUTIONAL OFFICERS
No requests received.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
No requests received.
CARRY-OVER ITEM NO. 1
1. ACTION REQUESTED/PURPOSE:
Approve extension of the following four (4) MSTBU Interfund loans from 9/30/2011 to 9/30/2012:
#174 (Fund 10234) for $26,821 plus accrued interest. (
#20110651-
PUBLIC RESOURCES)
FUNDING SOURCE:
(10400).
WHAT ACTION ACCOMPLISHES:
Provides extension of loans until collection of revenues to reimburse for services.
MANAGEMENT RECOMMENDATION:
Approve.
REASON FOR CARRYOVER:
This item was deferred for one week at the September 13, 2011 Board meeting.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
COMMISSIONER ITEMS
REVEREND ALSTON’S ISSUES – Commissioner Bigelow expressed the need to look into the
from Dr. Burke regarding school concurrency, Commissioner Judah noted it could no longer be used as a regulatory
tool. Chairman Mann indicated he had requested Community Development Director Mary Gibbs to review the letter
and provide a response.
expanding its business.
update on the private utility’s issues at the October Management and Planning meeting.
reported on the status of the two roads, Bartholomew and Laurel. Commissioner Manning suggested declaring a State
of Emergency, preparing a cost estimate, and bringing the issue back to the Board for a motion. After extensive Board
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discussion, Commissioner Hall moved to prepare a declaration for a State of Emergency for next Tuesday, and
provide anticipated costs on what it would take to have timely passage with emergency vehicles down Laurel and
Bartholomew, seconded by Commissioner Manning. Following discussion regarding equity for all Lee County
citizens, the motion was called and carried.
COMMITTEE APPOINTMENTS
COASTAL ADVISORY
COMMITTEE,
seconded by Commissioner Hall, called and carried.
EXECUTIVE REGULATORY
OVERSIGHT COMMITTEE,
WHISKEY CREEK CLUB ESTATES,
seconded
by Commissioner Hall, called and carried.
COUNTY MANAGER ITEMS
Hedging Program (copy on file in the Minutes Office) and summarized cost cutting measures. Referring to the
Hedging Program financial chart,
clarified the
purpose of the Fuel Hedging. Assistant County Manager Pete Winton indicated a Blue Sheet would be prepared and
brought to the Board.
Agreement, and noted the Swim Center group will be meeting on Thursday with County Management and the County
Attorney. Discussion took place regarding the need for individual Board members to be briefed.
there were 5 responses to the April Letter of Interest, three of the respondents were local with only one proposing a
lease type program; including purchase, installation, and maintenance. Ms. Hawes noted that discussion is on going
with the Tax Collector for possible billing. Board discussion ensued on the need for availability of ownership vs. a
lease. Commissioner Manning left the meeting briefly during Commissioner Hall’s comments.
COUNTY ATTORNEY ITEMS
The Chairman adjourned the meeting at 11:29 a.m.
__________________________
_____________________________
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