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BOOK - 2011R - B.O.C.C.-----------------------------------
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JUNE 06, 2011
A
Workshop Meeting
of the Board of Lee County Commissioners sitting as the
Board Management
and Planning Committee
was held on this date with the following Commissioners present:
Frank B. Mann, Chairman
John E. Manning, Vice Chairman
A. Brian Bigelow
Ray Judah
Tammara Hall
The Chairman called the meeting to order at 1:30 p.m.
1.
LEE COUNTY UTILITIES PROPOSED RATE INCREASE
Present the results of Lee County Utilities FY 2011 Rate Review; provide information regarding
recommended proposed rate increases and why the rate increases are needed and request
direction to schedule item for August 9 Public Hearing.
OPTIONS:
Lee County Utilities has postponed recommended rate increases by cutting costs, improving
solids handling technology, and reduction of personnel among other measures. Higher rates are
needed to recover rising costs of providing service (primarily treatment chemicals and power)
and maintain a strong financial profile and solid financial metrics. March 2011 Rating Agency
reports rated LCU’s financial profile (AA-, AA, Aa3) as relatively strong, with solid debt
service coverage margins and operating profile. The ratings took into consideration proposed
borrowing in FY 2013 for replacement of Green Meadows Water Treatment Plant. Future
proposed rate increases are expected to support the Utility’s creditworthiness and to maintain
debt service coverage ratios with the proposed 2013 debt.
RECOMMENDATION:
Approval to move to Public Hearing on August 9, 2011.
Assistant County Manager for Public Works Doug Meurer presented the results of a FY 2011 rate review completed
by Public Resources Management Group in a
PowerPoint presentation
format, and provided explanations for the
proposed 4 year incremental rate increase. He identified cost cutting measures undertaken, resulting in an efficient
operation that is facing cost factors beyond its control. Following response by Mr. Meurer and Assistant County
Manager Pete Winton to Board questions, and agreement to provide Commissioner Bigelow with additional requested
materials, there was consensus to direct this matter to a First Public Hearing on August 9, 2011.
2.
2011 LEGISLATIVE SUMMARY
The presentation will include a summary of Lee County’s 2011 legislative priorities. A written
summary was emailed under separate cover.
State contract lobbyists
Keith Arnold
and
Sarah Bleakley
addressed the Board on the outcome of 2011 Legislative
Session matters, with budgetary impacts to Lee County, each referencing their written summaries. Ms. Bleakley
advised that the schedule for the next Legislative Session would be starting on January 10, 2012, which is much
earlier than previous sessions. Ms. Bleakley and Mr. Arnold responded to Board comments and questions and
Commissioner Judah requested the County Attorney to research whether Lee County has any options for appeal of
unfunded mandates. Chairman Mann pointed out that the Florida Association of Counties may be planning some
challenge action, and requested that the lobbyists research planned responses to the budgetary cuts and the volume of
conforming bills and provide a summary to the Board. Ms. Bleakley responded to the question by Commissioner Hall
that the legislature would not be calling a special session to deal with vetoed items.
3.
ANNEXATION AND INTERLOCAL SERVICE AGREEMENTS – ACTION PLAN AND TIMELINE
The Board directed the following at the April 4, 2011 Management and Planning meeting:
Return as soon as possible to a Management and Planning meeting with recommendations as to
which Department will lead the interlocal agreement process; Timeframe that proposes either
delivery of agreements or a move toward mediation/referendum as outlined in the Statute;
County Attorney guidance/opinion.
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BOOK - 2011R - B.O.C.C.-----------------------------------
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OPTIONS:
1. Pursue and finalize interlocal agreements. If negotiations are not successful, other options
can be considered as outlined in a memorandum from the County Attorney. .
2. Implement centralized Countywide (web-based) file system for existing interlocals.
3. Address interlocals on an as-needed basis for specific topics.
RECOMMENDATION:
Options 1 and 2.
Community Development Director Mary Gibbs provided the timeframe of anticipated meetings with each of the City
staffs and subsequent status updates to the Board in order to finalize Interlocal Agreements by September 27, 2011.
Ms. Gibbs continued that, if agreement is reached with the Cities, Ordinance adoption would be anticipated. She also
outlined steps in the event agreement was not reached. Discussion ensued on whether a Commissioner could be
included in meetings with the Cities. Chairman Mann requested that the County Attorney provide a legal opinion in
the next several days on the request for Commissioner inclusion. Direction was given to staff to proceed with the
scheduling of the meetings with the Cities. County Manager Karen Hawes mentioned the lack of a centralized
location for our Interlocal Agreements, and noted the matter would require future discussion.
ITEM 4 WAS DEFERRED TO A LATER DATE
4. BUDGET STATUS UPDATE
Update Board on FY11-12 budget preparation status, efforts, and approach going into the first
budget workshop on June 27. Also, inform Board of impacts of the recently released (June 1)
preliminary property tax base assessment.
Due to time constraints, the Board advised that this matter would be undertaken immediately following the Regular
Meeting of the Board of County Commissioners on Tuesday, June 7, 2011.
ITEMS 7, 5 AND 6 WERE HEARD SEQUENTIALLY - OUT OF AGENDA ORDER
5.
FUEL HEDGING
Lee County Fleet Management and Lee Tran are investigating the usage of fuel hedging in order
to control our fuel costs for the coming year.
RECOMMENDATION:
Allow staff to continue exploring options for reducing the County’s financial exposure to rising
fuel costs.
Fleet Management Director Marilyn Rawlings briefed the Board on Fleet Management’s exploration of ways to
control the fuel budget and implementation of cost cutting measures. Ms. Rawlings explained the fuel hedging
concept and options, and outlined costing models. She advised of other entities using one of these hedging options
and that the County Attorney’s Office was reviewing the option from a legal standpoint. Commissioner Hall
recommended that Fleet Management work with County Management Staff to run some models. Ms. Rawlings stated
that she would have recommendations prepared for presentation to the Board prior to budget meetings. There was
consensus to continue exploring these options.
6.
NORTH FORT MYERS SURFACE WATER MANAGEMENT PLAN
In accordance with The Lee Plan, Lee County has developed and provided updates to a Surface
Water Management Master Plan, addressing the needs for flood protection, water conservation
and water quality on a watershed basis. The existing plan for North Fort Myers had been over
15 years old and needed to be updated to reflect recent development activity and to incorporate
more accurate topographic and hydrologic information. The County hired AECOM to map the
existing storm water conveyances and control structures and identify the extent of roadway
flooding along main creeks and streams of the watersheds. Flood prone areas are identified and
conceptual improvement projects are proposed to reduce roadway flooding to acceptable levels
of service as defined by The Lee Plan. The projects are also recommended to improve water
quality. The project boundary includes the area north of the Caloosahatchee River, lying
between US41 and SR31. A significant portion of the study area extends into Charlotte County.
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OPTIONS:
1. Prioritize projects and request funding through CIP process:
2. Create an MSTU or other funding source for implementing projects.
3. Do nothing
RECOMMENDATION:
Adopt the North Fort Myers Surface Water Management Plan of March 2010 and implement
projects recommended therein on a prioritized basis. Adopting the plan provides important
criteria for development review by both the County and the South Florida Water Management
District. Further, adoption of the plan provides a road map for implementing projects that are
necessary to reduce flooding and reduce total maximum daily load discharge into the
Caloosahatchee River.
Natural Resources Director Roland Ottolini updated the Board on the North Fort Myers Surface Water Management
Plan utilizing a
PowerPoint presentation.
He addressed the objective of the study, the study area, background
information, the scope of work, and findings and recommendations from the study as well as implementation plans.
He advised of several workshops that were held to respond to community questions. Mr. Ottolini concluded that he
would like to bring back a proposed planning process, and pointed out that funding for these projects is a separate
issue. Commissioner Hall spoke in support of moving forward, and the Chairman noted concurrence to proceed under
Option 1.
7.
COUNTY LAND’S INTERNAL AUDIT – REPORT 1
An Internal Audit was released by the Clerk’s Office on May 20, 2011 critical of the County’s
land purchasing practices and specifically critical of six prior non-Conservation 20/20 purchases.
Staff would like the opportunity to speak with the Board concerning the Auditor’s findings.
County Lands Director Karen Maguire narrated a
PowerPoint presentation
that addressed recent audit results critical
of six (6) non-Conservation 20/20 County Land purchases over the last five years. Ms. Maguire pointed out areas she
believed to be incorrect and also spoke to the appraisal process utilized under Florida Statutes. It was advised that an
audit of Conservation 20/20 land purchases would also be released shortly. Discussion ensued noting that while it was
the role of the Clerk of Courts to perform audits of various County functions, there appeared to be inaccuracies within
this audit. County Manager Karen Hawes advised that a response to the draft audit was submitted in accordance with
procedure, while the question remained whether the audit would be amended. County Attorney Michael Hunt agreed
to look into the specific legal questions, and he and Assistant County Attorney Michael Jacob responded to Board
questions on Attorney Jacobs’ memorandum of June 3, 2011. Commissioner Judah expressed his dissatisfaction with
the audit and supported attendance by the Board Chairman, County Manager and County Lands Director at a meeting
scheduled with the News Press Editorial Board to address the flaws. Commissioner Hall suggested a review of policy
parameters on property acquisitions that would go above and beyond State statute.
ITEM 8 WAS DEFERRED TO A LATER DATE
8. ROAD IMPACT FEE UPDATE
On December 7, 2010, the Board directed that the road impact fee study be updated on an
expedited basis. The County’s consultant prepared the study which was completed in mid-April
and made available for public review. Various County committees reviewed the study in May. A
public hearing is scheduled for June 14, 2011 at 5 p.m.
OPTIONS:
1. Adopt fee decreases recommended by the consultant
2. Adopt different fee schedule
RECOMMENDATION:
Option 1
Due to time constraints, the Board advised that this matter would be undertaken immediately following the Regular
Meeting of the Board of County Commissioners on Tuesday, June 7, 2011.
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The Chairman adjourned the meeting at 3:59 p.m.
ATTEST:
CHARLIE GREEN, CLERK
__________________________
Deputy Clerk
___________________________________
Chairman, Lee County Commission
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