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BOOK - 2011R - B.O.C.C.------------------------------------
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SEPTEMBER 6, 2011
The
Regular Meeting
of the
was held on this date with the
following Commissioners present:
ANNOUNCEMENTS
Referring to the
Agenda Recap Sheet
dated September 6, 2011, the Chairman announced that:
Consent Agenda Item 7(b) should be deferred indefinitely to allow further review. Commissioner Hall
moved approval, seconded by Commissioner Manning, called and carried.
Consent Agenda Item 7(a) should be moved to the Administrative Agenda to allow further discussion.
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried.
There were no Walk-on and Carry over items submitted.
9:30 A.M. AGENDA ITEM
- Public Comment on Agenda Items
Consent (C) and Administrative (A)
The following are the Consent Agenda items that each Board member wished to have discussed:
Commissioner Mann - None
Commissioner Manning - None
Commissioner Judah – 7(e)
Commissioner Hall - None
Commissioner Bigelow - None
CONSENT AGENDA
1. COUNTY ADMINISTRATION
No requests received.
2. COMMUNITY DEVELOPMENT
A)
ACTION REQUESTED/PURPOSE:
Increase SHIP (State Housing Initiatives Partnership) contract
C-5461
September 30, 2011 to October 31, 2011. (
#20110688-
COMMUNITY DEVELOPMENT)
FUNDING SOURCE:
SHIP Local Housing Assistance Funds – existing budget.
WHAT ACTION ACCOMPLISHES:
Provides additional funds and time for the rehabilitation of owner occupied units.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried.
3. CONSTRUCTION AND DESIGN
No requests received.
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4. COUNTY COMMISSIONERS
No requests received.
5. COUNTY LANDS
A)
ACTION REQUESTED/PURPOSE:
A) Accept donation of
Perpetual Easement
of +/- 27,595 square feet, from George M.
B) Authorize the payment of costs and fees to close in the approximate amount of $500.00.
complete this transaction. (
#20110671-
COUNTY LANDS)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Acquires a permanent right of ingress and egress for the restoration and maintenance of
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried.
B)
ACTION REQUESTED/PURPOSE:
(1) Declare as surplus property, County owned land identified as a remnant strip
(approximately 10 feet x 85 feet) in Section 6, Township 45 South, Range 25 East.
drainage purposes
all documentation necessary
to
complete the transaction. (
#20110692-
COUNTY LANDS)
FUNDING SOURCE:
Funds are not required for this transaction.
WHAT ACTION ACCOMPLISHES:
frontage road connection from Metro Parkway to Colonial Boulevard in the Southeast
quadrant of this intersection.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried.
RESOLUTION NO. 11-09-01
6. HUMAN SERVICES
A)
ACTION REQUESTED/PURPOSE:
Approve and sign a
contract agreement
County to receive $157,028.69 in Weatherization Assistance Program/Low Income Home
Energy Assistance Program (WAP/LIHEAP) funds. Approve a budget resolution to add
$157,029 of WAP/LIHEAP funds to the FY 10/11 budget.
(
#20110699-
HUMAN SERVICES)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried.
RESOLUTION NO. 11-09-02
7. INDEPENDENT
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A)
ACTION REQUESTED/PURPOSE:
proposer whose proposal was evaluated by the Evaluation Committee as being in the best
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.
(#20110656-HUMAN RESOURCES)
FUNDING SOURCE:
Funding will come from employer and employee premiums in the health plan accounts.
WHAT ACTION ACCOMPLISHES:
Establishes a competitive, fair market price for employee’s healthcare coverage (including
pharmacy). Aetna’s plan includes a nationwide network of physicians, hospitals and
facilities. Acceptance of this proposal will result in a savings of approximately $2.5
million.
MANAGEMENT RECOMMENDATION:
Approve.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
Consent Agenda Item 7(a) should be moved to the Administrative Agenda to allow further discussion. Commissioner
Manning moved approval, seconded by Commissioner Hall, called and carried.
B)
ACTION REQUESTED/PURPOSE:
(
#20110277-
PUBLIC RESOURCES)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Administrative Codes current.
MANAGEMENT RECOMMENDATION:
Approve.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
Consent Agenda Item 7(b) should be deferred indefinitely to allow further review. Commissioner Hall moved
approval, seconded by Commissioner Manning, called and carried.
C)
ACTION REQUESTED/PURPOSE:
Approve a budget resolution to add $25,000.00 of grant funds for FY 10-11.
(
#20110690-
ANIMAL SERVICES)
FUNDING SOURCE:
Florida Animal Friend Fund Grant.
WHAT ACTION ACCOMPLISHES:
Request board approve a budget amendment resolution to accept $25,000 in funding from
Sterilization Program to reduce pet overpopulation and euthanasia statistics.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried.
RESOLUTION NO. 11-09-03
D)
ACTION REQUESTED/PURPOSE:
(A) Approve award of Formal Quotation # Q-110237, Janitorial Services for the
Constitutional Complex, to the low quoter meeting specifications, U.S.S.I. (a local
vendor), for the annual grand total price of $123,509.76.
(B) The initial term of the contract is for one year. Also request authority to renew this
contract for four additional one-year renewal periods, at the same terms and conditions, if
annual increases based on the Consumer Price Index upon mutual agreement of both
parties.
(C) Additionally approve other miscellaneous charges as given on the tabulation sheet
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(attachment # 2). Funding will come from the individual department or division's budget
who will be responsible for monitoring their individual expenditures.
(
#20110693-
FACILITIES MANAGEMENT)
FUNDING SOURCE:
Facilities Maintenance-Facilities Maintenance-General Fund-Janitorial Services-
Constitutional Complex.
WHAT ACTION ACCOMPLISHES:
Allows Facilities Management to provide cost effective janitorial services for the
Constitutional Complex covered by this quote.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried.
E)
ACTION REQUESTED/PURPOSE:
Approve acceptance of and expenditure authority for the following specific donations in
the total amount of $2,596.00 as follows: $1,000.00 from the Rosemann Family
Foundation for Lakes Regional Library for materials; $100.00 from Friends of Lakes
Regional Library; and $1,396.00 from Friends of Library Processing for one additional
library system's integrated software) and cover additional travel expenses for three
additional library staff members whose travel was previously approved by the Board on
June 21, 2011, to attend the conference. Adopt a budget amendment resolution in the
amount of $2,596.00 to recognize the donations and accordingly authorize expenditures.
(
#20110695-
LIBRARY)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Authorizes acceptance and expenditure of funds pursuant to donors’ requests.
MANAGEMENT RECOMMENDATION:
Approval.
PULLED FOR DISCUSSION
Commissioner Judah moved approval, seconded by Commissioner Manning. After Commissioner Judah thanked the
donors for their contributions, the motion was called and carried.
RESOLUTION NO. 11-09-04
8. NATURAL RESOURCES/ SOLID WASTE
No requests received.
9. PARKS AND RECREATION
No requests received.
10. PUBLIC SAFETY
A)
ACTION REQUESTED/PURPOSE:
Approve, and authorize Chair to execute, a
and Rescue Task Force 6
in the amount of $201,542 (all equipment to be donated to the
Amendment Resolution in the amount of $201,542 and approve the expenditure in like
amount. (
#20110682-
PUBLIC SAFETY)
FUNDING SOURCE:
General Fund/Public Safety Grant.
WHAT ACTION ACCOMPLISHES:
objectives contained in the State’s Domestic Security Strategy.
MANAGEMENT RECOMMENDATION:
Staff recommends approval.
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Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried.
11. PUBLIC WORKS ADMINISTRATION
12. TRANSPORTATION
13. UTILITIES
A)
ACTION REQUESTED/PURPOSE:
Uncollectible Account Balances (BS 20110673/20173, CBA/SDG): Approval to remove
account balances for FY2011 for the customer accounts that are considered uncollectible
water and sewer revenues). Accounts become uncollectible for various reasons. The three
most common reasons are:
Customers do not pay their final bill (after security deposits were applied and the
collection agency has attempted to obtain payment).
Legal action such as bankruptcy.
Sewer only customers that do not pay their monthly sewer utility bills.
(
#20110673-
UTILITIES)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Adjusts accounts receivable balance to reflect anticipated collections.
MANAGEMENT RECOMMENDATION:
Approval.
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried.
14. COUNTY ATTORNEY
A)
ACTION REQUESTED/PURPOSE:
Request authorization to advertise for and conduct a Public Hearing on Tuesday,
September 27, 2011, at 9:30 a.m. in the Chambers to consider the adoption and execution
Employment Benefits (OPEB). (
#20110681-
COUNTY ATTORNEY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Sets the Public Hearing Date of Tuesday, September 27, 2011, at 9:30 a.m., in order for the
Board to formally adopt the proposed ordinance at a Public Hearing.
MANAGEMENT RECOMMENDATION:
Approve authorization to advertise for and conduct a Public Hearing on Tuesday,
September 27, 2011, at 9:30 a.m.
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried.
15. HEARING EXAMINER
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 August 22 through August 26, 2011:
August 23, 2011 (Regular)
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(
#20110702-
MINUTES)
FUNDING SOURCE:
Not Applicable.
WHAT ACTION ACCOMPLISHES:
Approval of the Board Minutes, pursuant to Florida Statute 286.011.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Hall, 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. (
#20110703-
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 Hall, called and carried.
C)
ACTION REQUESTED/PURPOSE:
Approve disbursement of excess funds resulting from the sale of tax deed certificates to
claimants verified and certified under Florida Statutes 197.582.
2008-003521
2009-002998
2009-005337
2010-001464
2010-001499
2010-002413
2010-002906
2010-003109
2010-003143
Claimants
Swearingen & Associates, Inc.
POA for Shirley Gasvoda Trustee
Swearingen & Associates, Inc.
Swearingen & Associates, Inc.
Jupiter Assest Recovery, LLC
Jennifer Collaton
Swearingen & Associates, Inc.
Healthy Choice Ministries
Homes and Land Brokers, Inc.
Amount
$3,020.25
$1,510.13
$1,510.13
$7,521.73
$1,122.59
$1,948.40
$1,595.26
$2,088.99
$2,668.05
$6,891.84
$454.41
$559.00
(
#20110704-
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.
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
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ADMINISTRATIVE AGENDA
1. COUNTY ADMINISTRATION
2. COMMUNITY DEVELOPMENT
3. CONSTRUCTION AND DESIGN
4. COUNTY COMMISSIONERS
5. COUNTY LANDS
7. INDEPENDENT
A)
ACTION REQUESTED/PURPOSE:
Approve award of RFP-11-07,
Group Health Insurance Program
proposer whose proposal was evaluated by the Evaluation Committee as being in the best
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. (
#20110656-
HUMAN RESOURCES)
FUNDING SOURCE:
Funding will come from employer and employee premiums in the health plan accounts.
WHAT ACTION ACCOMPLISHES:
Establishes a competitive, fair market price for employee’s healthcare coverage (including
pharmacy). Aetna’s plan includes a nationwide network of physicians, hospitals and
facilities. Acceptance of this proposal will result in a savings of approximately $2.5
million.
MANAGEMENT RECOMMENDATION:
Approve.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
Consent Agenda Item 7(a) should be moved to the Administrative Agenda to allow further discussion. Commissioner
Manning moved approval, seconded by Commissioner Hall, called and carried.
Human Resources Manager Christine Brady and Willis of Florida, Inc, Vice President Jim Powell, a Consultant for
Lee County, provided an overview of the proposed medical and dental health plan noting 2.5 million in savings with
no significant changes to the current plan. Following response to Board questions by Ms. Brady and Mr. Powell,
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried with Commissioner
Bigelow dissenting.
8. NATURAL RESOURCES/ SOLID WASTE
9. PARKS AND RECREATION
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10. PUBLIC SAFETY
11. PUBLIC WORKS ADMINISTRATION
12. TRANSPORTATION
A)
ACTION REQUESTED/PURPOSE:
Award B-11-27 Three Oaks Parkway Landscape & Irrigation Project from Corkscrew
Road to Alico Road to the lowest responsive, responsible bidder meeting all bid
requirements,
Juniper Landscaping, Inc.
(a local vendor), in the not-to-exceed amount
of $623,764.29.
Request the Board approve waiving of the formal process (if needed) and authorize the use
of Direct Materials Purchase Order, which allows the County to purchase directly from
suppliers of equipment and/or materials as a cost/time saving measure.
(
#20110672-
TRANSPORTATION)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Provides a vendor for the installation of plant material and underground irrigation system,
including maintenance of traffic, soil, sod (repairs), pump station, electrical, directional
boring and landscape and irrigation maintenance on Three Oaks Parkway from Corkscrew
Road to Alico Road.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried.
13. UTILITIES
14. COUNTY ATTORNEY
15. HEARING EXAMINER
16. CONSTITUTIONAL OFFICERS
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
APPEALS
1. ACTION REQUESTED/PURPOSE:
Appeal/Proposal Protest Agenda - only proposers may participate in this discussion. Any other
public input will be received during the 9:30 a.m. "Public Comment" on consent and
administrative items.
A.) Conduct informal hearing regarding Protest Petition; Grant or deny the Protest Petition; and, if
appropriate award of RFP-11-03 Analytical Laboratory Services.
contract
on behalf of the Board upon receipt.
(
#20110683-
NATURAL RESOURCES)
FUNDING SOURCE:
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WHAT ACTION ACCOMPLISHES:
$150,000.00 with an initial 12 month contract and the ability to renegotiate and renew the contract
annually for up to 4 additional years.
MANAGEMENT RECOMMENDATION:
Approve.
Assistant County Attorney Dawn Perry-Lehnert reviewed the item, described the procedural process for this protest,
and noted that the Board would need to determine whether or not Test America’s failure to substantially respond to
the two questions and criteria required by the Request for Proposal rendered the Proposal non-responsive. The
Chairman called on the Protestor, Florida Spectrum Environmental Services, Inc. representative Gerry Wolff who
restated his protest. Commissioner Manning moved to uphold the Dispute Committee’s recommendation to award the
contract to Southern Analytical Laboratories as the primary contractor, and Florida Spectrum Environmental Services,
Inc., as the secondary contractor, seconded by Commissioner Hall, called and carried.
COMMISSIONER ITEMS
ORDINANCE CLARIFICATION – Commissioner Hall asked that the County Attorney look at the
REMEMBERING 9/11 VICTIMS – Commissioner Hall offered prayers and thoughts to families of the
9/11 victims.
Attorney Scott Coovert noted that he was not aware of the status of the collection process, and informed that the issue
would be addressed at the next Management & Planning Meeting. Commissioner Manning asked that he receive an
update today.
I-75 INTERCHANGE MITIGATION – Commissioner Judah informed that the Florida Department of
Transportation (FDOT) has taken over the interchange mitigation, and moved to request FDOT to recognize that if
there is mitigation for the I-75 Interchange at the Airport, that mitigation should occur in Lee County, specifically
Estero Bay Watershed. He further requested a
stating
that the mitigation cost should be directed to the acquisition of Edison Farms property, seconded by Commissioner
Manning, called and carried.
RETENTION OF TRANSPORTATION CONCURRENCY – Commissioner Judah noted that in the
last State Legislature session, it was decided to strip from the State Growth Management Act the requirement for
transportation concurrency, stated that the impact would fall on the shoulders of existing tax payers, and suggested
that Lee County challenge the State Legislature to retain Transportation Concurrency. It was noted that this issue was
scheduled for a Management and Planning meeting next Monday.
LOST GROVE MINE – Commissioner Judah noted that Staff has been requested be present at the
CLARIFICATION OF CONSENT AGENDA 14-A – Commissioner Bigelow requested that staff meet
with him to provide more information about the proposed ordinance on Other Post Employment Benefits (OPEB).
COMMITTEE APPOINTMENTS
Commissioner Judah moved to reappoint William Prysi to the
LAND DEVELOPMENT CODE
ADVISORY COMMITTEE,
seconded by Commissioner Manning, called and carried.
COUNTY MANAGER ITEMS
COUNTY ATTORNEY ITEMS
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scheduled for September 19, 2011 at 1:30 p.m. in the Chambers, with a Closed Session immediately following in the
scheduled this afternoon at 4:30 p.m. in the downtown Library before the City Council. Administration and County
Attorney’s Staff are expected to be in attendance.
Public Presentation of Matters by Citizens
Ron Pure
enforcement issue regarding chickens had been resolved.
Reverend Alston
spoke on various needs, such as live stock, maintenance of roads, and beach
nourishment.
The Chairman adjourned the meeting at 10:47 a.m.
__________________________
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