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BOOK - 2011R - B.O.C.C.------------------------------------
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MARCH 22, 2011
The
Regular Meeting
of the
was held on this date with the
following Commissioners present:
PRESENTATIONS
Commissioner Hall read and presented a Ceremonial Resolution, noting that the Board of County Commissioners of
Lee County Florida, in conjunction with National Surveyors Week, here by proclaim the week of March 20-26, 2011
as Florida Surveyors & Mappers Week and recognize the many contributions and ongoing dedication of surveyors and
mappers to the citizens of Florida and the United States. President of the Collier-Lee Chapter of the Florida
Surveying & Mapping Society Keith Cramer accepted the Resolution, and thanked the Board for the recognition.
(
#20110214-
Commissioner Hall)
ANNOUNCEMENTS
Referring to the Agenda
Recap Sheet dated March 22, 2011,
the Chairman announced that:
The funding source of Item C1A should be changed from “General Fund” to “General Fund, Reserve
for Economic Incentives ($804,989) and Reserve for Contingencies ($566,299).” Commissioner Manning moved
approval, seconded by Commissioner Judah, called and carried.
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 individuals came forward to speak
regarding Item A8A to request repeal of portions of the subject Ordinance.
Joe D’Amico
handout)
Tamiami Village & RV Park Manager
handout)
Kathy Claprood,
Following are the Consent Agenda items that each Board member wished to have discussed:
Commissioner Bigelow – 3A
Commissioner Judah - none
Commissioner Manning - none
Commissioner Hall - none
Commissioner Mann - none
CONSENT AGENDA
1. COUNTY ADMINISTRATION
A)
ACTION REQUESTED/PURPOSE:
Approve
transfer of funds
from reserve in the amount of $1,371,288.00 to the Economic
County Job Opportunity Program for companies approved to date.
(
#20110185-
ECONOMIC DEVELOPMENT)
FUNDING SOURCE:
General Fund.
WHAT ACTION ACCOMPLISHES:
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Provides the IDA with funds to reimburse the companies up to the awarded amount.
MANAGEMENT RECOMMENDATION:
Approve.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
The funding source for Item C1A should be changed from “General Fund” to “General Fund, Reserve for Economic
Incentives ($804,989) and Reserve for Contingencies ($566,299).” Commissioner Manning moved approval,
seconded by Commissioner Judah, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Accept the FY 09-10 Indirect Cost Plan, Indirect Federal Circular A-87 Cost Plan and
Impact Fee Administration Cost Report as prepared by the County's indirect cost plan
consultant, Maguire & Associates, and authorize the Clerk's Finance Department to
process indirect cost payments based on budgeted indirect cost amounts for those
departments not required to comply with Federal requirements, and process indirect cost
payments based on the Plan's actuals for three entities required to comply with Federal
regulations. Also, direct Clerk's Finance Department to process all charges in monthly
increments, with the first increment to equal six months.
(
#20110201-
COUNTY MANAGER)
FUNDING SOURCE:
Various operating funds.
WHAT ACTION ACCOMPLISHES:
Approves the plans, and authorizes payments to reimburse the General Fund.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
2. COMMUNITY DEVELOPMENT
A)
ACTION REQUESTED/PURPOSE:
Adopt a Resolution recommended by the Affordable Housing Committee urging full
appropriation of state and local housing trust funds for Florida's housing programs and
supporting the repeal of the cap on the state housing trust fund.
(
#20110181-
COMMUNITY DEVELOPMENT)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Shows local support for the preservation of the state’s affordable housing programs.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NO. 11-03-26
3. CONSTRUCTION AND DESIGN
A)
ACTION REQUESTED/PURPOSE:
Concur with the selection of Consultants by the Qualification Committee for RFQ-11-02
authorize negotiations with the number one ranked firm:
(
#20110192-
CONSTRUCTION AND DESIGN)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Provides a qualified consultant to perform the following: Wrap the existing fishing pier
with fiberglass jackets and inject with epoxy from column line 14 West. Replace existing
railings, restoration of the existing beams, precast planks, and bearing brackets.
MANAGEMENT RECOMMENDATION:
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Approve.
PULLED FOR DISCUSSION
Commissioner Bigelow referenced his long standing concern with the make-up of Selection Committees.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried with Commissioner
Bigelow voting nay.
4. COUNTY COMMISSIONERS
No requests received.
5. COUNTY LANDS
A)
ACTION REQUESTED/PURPOSE:
Accept donation of Perpetual Public Waterline Easement
consisting of 2,500 square feet
of necessary costs and fees to close in the approximate amount of $50.00; and authorize
County Lands staff to execute and accept documentation necessary to complete this
transaction. (
#20110196-
COUNTY LANDS)
FUNDING SOURCE:
Improvements.
WHAT ACTION ACCOMPLISHES:
Provides necessary access and easement property to install waterline.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
6. HUMAN SERVICES
No requests received.
7. INDEPENDENT
A)
ACTION REQUESTED/PURPOSE:
Redefine the claims processing method in the Board of County Commissioners' Health
Plan from Maintenance of Benefits (MOB) to Coordination of Benefits (COB) for those
members who have secondary coverage, in compliance with Florida Statute FL FSA
§627.4235, effective plan year January 1, 2011. (
#20110182-
HUMAN RESOURCES)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Brings our claims processing method into compliance with the referenced Florida Statute.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Approve, and authorize Chair to execute, a
Lease Agreement with Greyhound Lines, Inc.
,
Transportation Center effective March 1, 2011. Greyhound has agreed to lease this space
five (5) years, and has an option to be renewed at the same terms and conditions for an
additional five (5) years. Greyhound’s rent will increase annually by 2.5% on March 1.
(
#20110202-
TRANSIT)
FUNDING SOURCE:
N/A. Revenue is budgeted.
WHAT ACTION ACCOMPLISHES:
MANAGEMENT RECOMMENDATION:
Approve.
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Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
8. NATURAL RESOURCES/ SOLID WASTE
No requests received.
9. PARKS AND RECREATION
A)
ACTION REQUESTED/PURPOSE:
Approve, and authorize Chair to execute, a
Heights Foundation
for use of the Harlem Heights Recreation Center.
(
#20110205-
PARKS AND RECREATION)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Allows the Heights Foundation to operate programs occurring at the Recreation Center.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
10. PUBLIC SAFETY
A)
ACTION REQUESTED/PURPOSE:
Approve, and authorize Chair to execute, a
Lease Agreement
Emergency Medical Services personnel and vehicles. Lease cost is $200.00 per station per
month, or a total of $600.00 per month for three (3) years with an additional two (2) year
renewal. (
#20110197-
PUBLIC SAFETY)
FUNDING SOURCE:
General Fund.
WHAT ACTION ACCOMPLISHES:
Fulfills an operational need for secure, protected space to house its personnel and
emergency vehicles.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
11. PUBLIC WORKS ADMINISTRATION
No requests received.
12. TRANSPORTATION
No requests received.
13. UTILITIES
A)
ACTION REQUESTED/PURPOSE:
Approve CIP
Budget Transfer
in the amount of $65,700.00 from the Corkscrew Road & I-
75 Interchange Project, to the Olga Water Treatment Plant Improvements Project; and,
amend the FY 10/11 CIP Budget accordingly. (
#20110191-
UTILITIES)
FUNDING SOURCE:
Treatment Plant Improvements.
WHAT ACTION ACCOMPLISHES:
Provides funds to complete additional work.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
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B)
ACTION REQUESTED/PURPOSE:
Approve award of Formal Quotation No. Q-110070 for the purchase of one (1) Sewer
quoter, meeting specifications; CUES, at a price of $76,000.00 for Televising System and
$13,000.00 for the Utility Box for a Grand Total of $89,000.00.
(
#20110194-
UTILITIES)
FUNDING SOURCE:
and Equipment.
WHAT ACTION ACCOMPLISHES:
existing sewer pipe systems.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
14. COUNTY ATTORNEY
No requests received.
15. HEARING EXAMINER
No requests received.
16. CONSTITUTIONAL OFFICERS
A)
ACTION REQUESTED/PURPOSE:
Approve
disbursements.
The check and wire registers may be viewed on the Clerk's
Website at WWW.LEECLERK.ORG by accessing the BoCC Minutes and Documents
link. (
#20110210-
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.
B)
ACTION REQUESTED/PURPOSE:
Approve Minutes for the following meetings of the Board of County Commissioners held
during the week of March 7 through March 11, 2011:
March 7, 2011 (Zoning), March 8, 2011 (Regular).
(
#20110211-
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.
C)
ACTION REQUESTED/PURPOSE:
Financial Report (CAFR) for fiscal year 2010. The CAFR was provided in a PDF format
on a CD to appropriate recipients. (
#20110212-
FINANCE)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
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Provides public notice of the availability of the audited financial statements to the citizens
MANAGEMENT RECOMMENDATION:
N/A
Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
No requests received.
ADMINISTRATIVE AGENDA
1. COUNTY ADMINISTRATION
A)
ACTION REQUESTED/PURPOSE:
Approve, and authorize the Chair or Vice Chair to sign, a delegating Resolution in an
aggregate principal amount not to exceed $107,500,000.00 for the authorization, execution
and delivery of a
Bond Purchase Agreement
that meets specific criteria in connection with
the
Water & Sewer Refunding Revenue Bonds, Series 2011.
Also, authorize other
approvals, as necessary, contained in the Resolution. (
#20110198-
COUNTY MANAGER)
FUNDING SOURCE:
Bond Proceeds.
WHAT ACTION ACCOMPLISHES:
Allows greater flexibility in marketing the Water & Sewer Refunding Revenue Bonds,
Series 2011 by authorizing the Bond Purchase Agreement to be signed without
reconvening the Board of County Commissioners.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Judah moved approval, seconded by Commissioner Manning. Assistant County Manager Pete Winton
provided an overview of the approximate $4.1 million in savings the County would realize with the refinancing of the
bonds. County staff was lauded for their efforts in this matter, and the motion was called and carried.
RESOLUTION NO. 11-03-27
2. COMMUNITY DEVELOPMENT
No requests received.
3. CONSTRUCTION AND DESIGN
No requests received.
4. COUNTY COMMISSIONERS
No requests received.
5. COUNTY LANDS
No requests received.
6. HUMAN SERVICES
No requests received.
7. INDEPENDENT
No requests received.
8. NATURAL RESOURCES/ SOLID WASTE
A)
ACTION REQUESTED/PURPOSE:
Provide direction to staff relative to the collection and transport of recovered materials at
multi-family residential properties. If determined that changes to County Ordinances 08-
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10 and 07-25 are desirable, direct staff to schedule a Public Hearing to consider
amendments to such ordinances. (
#20110200-
SOLID WASTE)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Provides direction to staff relative to County Ordinances 08-10 and 07-25 and the
utilization of exclusive franchise collection contractors to collect recoverable materials at
mobile home parks and other multifamily properties.
MANAGEMENT RECOMMENDATION:
Maintain existing Ordinance requirements.
The individual Commissioners offered various options, with input from Assistant County Attorney Scott Coovert and
Solid Waste Division Director Lindsey Sampson. There was Board consensus to bring alternatives back for further
consideration, and agreement to the request by Mr. Sampson that this matter would come back to a Public Hearing to
a date certain once optional language was reviewed. Commissioner Manning moved approval to direct staff to go to
Public Hearing at their first opportunity, seconded by Commissioner Hall with the caveat that the optional language
would be made public prior to the hearing. Following further response to Board comments, Attorney Coovert agreed
to provide draft Ordinance language along with a blue sheet request to schedule a Public Hearing within the next few
weeks. The maker and seconder agreed, and the motion was called and carried.
9. PARKS AND RECREATION
No requests received.
10. PUBLIC SAFETY
No requests received.
11. PUBLIC WORKS ADMINISTRATION
No requests received.
12. TRANSPORTATION
No requests received.
13. UTILITIES
No requests received.
14. COUNTY ATTORNEY
A)
ACTION REQUESTED/PURPOSE:
Approve, and authorize Chair to execute, the
First Amendment to Interlocal Agreement
and corresponding
between the
(
#20110195-
COUNTY ATTORNEY)
FUNDING SOURCE:
Library Fund.
WHAT ACTION ACCOMPLISHES:
design and construction of a downtown library to be located on a site comprising adjacent
MANAGEMENT RECOMMENDATION:
Approve First Amendment to Interlocal Agreement and First Amendment to Municipal
Commissioner Manning moved approval, seconded by Commissioner Hall. Under discussion, Commissioner
Bigelow pointed out that several problem areas had been identified in conjunction with this property. County
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15. HEARING EXAMINER
No requests received.
CONVENE AS BOARD OF PORT COMMISSIONERS
141
16. CONSTITUTIONAL OFFICERS
A)
ACTION REQUESTED/PURPOSE:
statements (Port Report) for fiscal year 2010. The Port Report was provided in a PDF
format on a CD to the appropriate recipients. (#20110213-FINANCE)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Provides public notice of the availability of the audited financial statements to the citizens
MANAGEMENT RECOMMENDATION:
N/A
FOR ACTION TAKEN SEE MINUTES OF THE BOARD OF PORT COMMISSIONERS FOR THIS DATE.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
No requests received.
10:00 AM INFORMATIONAL PRESENTATION
1. ACTION REQUESTED/PURPOSE:
status of efforts to efficiently manage jail population and defendants in the court system.
(
#20110206-
COUNTY ADMINISTRATION)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
outcomes of programs the County is funding to realize efficiencies in the court and jail systems.
MANAGEMENT RECOMMENDATION:
N/A
PowerPoint
concurred with the Board’s opposition to SB 372, and
responded to several Board questions.
COMMISSIONER ITEMS
SEPTIC SYSTEM DIRECTION – Commissioner Hall requested and received affirmation from the
Board that specific direction was given to staff at their last Management & Planning Committee meeting to inventory
and categorize the number of septic systems in the County.
LETTER TO LEGISLATORS – Commissioner Manning stated he would like approval of the draft
letter he provided for signature by the Chair to Senators
Nelson
and
Rubio
with a copy to
Congressman Mack
regarding the Woodring Point Homestead being acquired by the Federal government as part of Ding Darling National
Wildlife Refuge. Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
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SEAFARER’S VILLAGE – Commissioner Judah wished to clarify the Board’s position regarding
disposition of the County-owned Seafarer’s Village site by letter addressed to the Mayor and Town Council of Fort
Myers Beach. Discussion ensued on involvement of the Tourist Development Council, liability and timing issues, and
questions raised by the Mayor in light of an upcoming Town Council meeting. Commissioner Hall moved that the
Board advise the Mayor of Fort Myers Beach on the Board’s position and schedule for this matter, the motion failed
for lack of a second. There was consensus that the Chair sign a
letter
stating the Board’s position to the Town and the
TDC and request a list of specific suggestions and options for consideration by the Board.
COLLIER MINING OPERATION - Commissioner Judah requested that Community Development
and Natural Resources staff formulate a position of concern by this Board to send to the reviewing agencies on the
COMMITTEE RECOMMENDATIONS - Commissioner Bigelow indicated that pursuant to his
request, the Financial Advisory Committee would be providing copies of their recommendations to the Board prior to
budget deliberations.
ARTS AT THE LIBRARY - Commissioner Mann referenced a recently received letter from Fort
Myers Mayor Randy Henderson requesting that any unspent construction funds be directed to art issues within the
new Library building, and brief discussion was held.
WWI VETERAN PASSING - Commissioner Mann noted the recent passing of the 110 year old last
surviving Veteran from WWI, and pointed out the vital role that our veterans play in the American Spirit.
COMMITTEE APPOINTMENTS
LAND DEVELOPMENT CODE
ADVISORY COMMITTEE,
HUMAN
AFFORDABLE HOUSING
COMMITTEE
(
RESOLUTION NO. 11-03-28)
, seconded by Commissioner Judah, called and carried.
LOCAL PLANNING
AGENCY,
seconded by Commissioner Bigelow, called and carried.
HUMAN SERVICES
COUNCIL
IMPROVEMENT UNIT
. Commissioner Bigelow moved approval, seconded by Commissioner Judah, called and
carried.
Commissioner Manning moved to appoint Ileana Sissonto the
BICYCLE AND PEDESTRIAN
ADVISORY COMMITTEE,
and Maria Classon to the
CONSTRUCTION LICENSING BOARD,
and to re-
WATERWAYS ADVISORY COMMITTEE,
Georgiana
IMPROVEMENT OPERATIONS & MANAGEMENT COMMITTEE,
BOCA GRANDE HISTORIC PRESERVATION BOARD,
and Susan M, Weir
to the
CHERRY/BLUEBERRY IMPROVEMENT UNIT
, seconded by Commissioner Hall, called and carried.
COUNTY MANAGER ITEMS
County Manager Karen Hawes referenced a draft letter provided to the Board that stated its opposition
to SB372 (Pre-trial Releases). Commissioner Manning moved approval to send, seconded by Commissioner Hall,
called and carried.
RESOLUTION NO. 11-03-29
Assistant County Manager Pete Winton introduced KPMG Audit Partner Lori Nissen. Ms. Nissen narrated a
PowerPoint presentation (
copy on file in the Minutes Office)
on the audit results of the County’s financial statements
for FYE September 30, 2010. She advised that KPMG anticipated issuing an unqualified opinion on both the County
and Port Authority audits, and thanked staff for their reporting efforts. Ms. Nissen and Mr. Winton responded to brief
Board questions.
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COUNTY ATTORNEY ITEMS
recent mediation proceedings that had been continued to a date sometime in June. Discussion ensued on the role of a
Board member during a mediation proceeding, and there was consensus to have an opinion rendered by the new
County Attorney when he comes on board in mid-April.
9:30 A.M. AGENDA ITEM
Public Presentation of Matters by Citizens
forward.
The Chairman called for presentation of matters of interest by any citizen; however, no one came
The Chairman adjourned the meeting at 11:52 a.m.
__________________________
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