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BOOK - 2011R - B.O.C.C.-----------------------------------
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OCTOBER 18, 2011
The
Regular Meeting
of the
was held on this date with the
following Commissioners present:
Sparrow, Word of Life Church, followed by the Pledge of Allegiance to the flag.
PRESENTATIONS
Commissioner Hall read and presented a Ceremonial Resolution extending greetings and best wishes to
all observing October, 2011 as Vision Awareness Month. Visually Impaired Person (VIP) Center of SWFL Director
#20110847-
Commissioner
Hall)
Commissioner Mann read and presented a Ceremonial Resolution proclaiming October 23-31, 2011 as
National Red Ribbon Week. Coalition for a Drug-Free SWFL Executive Director Deborah Comella accepted the
Resolution, and thanked the Board. (
#20110848-
Commissioner Mann)
The Length of Service Awards for the 3rd Quarter of 2011 were presented by Human Resources (HR)
Manager Christine Brady together with HR Generalist Elaine Schultz. See the Agenda back-up material for a listing
of the employees recognized. (
#20110850-
Human Resources)
ANNOUNCEMENTS
Referring to the
Agenda Recap Sheet
dated October 18, 2011, the Chairman announced that:
One Walk-on Item 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 to speak
on Administrative Agenda Item 2(a):
Brooks Concerned Citizens representative
Estero resident
Beverly MacNellis
Pete Quasius
Immokalee resident
Sierra and ECCL representative
Immokalee resident
John Ban
ECCL representative
Former Chief Judge of the 20
th
Circuit Court
CEO of Lehigh Acres Economic Development Board
Edd Weiner
Responsible Growth Management and Sierra representative
Carl Veaux
Immokalee resident
Corkscrew Settlement resident
The following are the Consent Agenda items that each Board member wished to have discussed:
Commissioner Mann - None
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Commissioner Manning - None
Commissioner Judah – 8(a)
Commissioner Hall - None
Commissioner Bigelow – 7(a)
CONSENT 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
A)
ACTION REQUESTED/PURPOSE:
A) Approve
Easement Purchase Agreement
for acquisition from F.T.S. Development,
LLC, with STRAP No. 04-44-24-00-00016.1000; of Parcel 120 PUE, in the amount of
$1,500.00, a 1,599 square-foot (SF)
perpetual utility easement,
and Parcel 120 TCE, in the
amount of $1,000.00, a 3,381 square-foot
temporary construction easement
located at 1314
Plant (WWTP) Flow Diversion Project No. 7315 in the amount of $2,500.00.
B) Authorize the Chairman on behalf of the Board to execute the Purchase Agreement.
C) Authorize the payment of necessary costs and fees to close in the approximate amount
of $500.00.
complete this transaction. (
#20110839-
COUNTY LANDS)
FUNDING SOURCE:
Estates Wastewater Treatment Plant Flow Diversion.
WHAT ACTION ACCOMPLISHES:
Acquires Parcel 120 PUE and 120 TCE necessary for Project.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
6. HUMAN SERVICES
A)
ACTION REQUESTED/PURPOSE:
(1.) Approve FY2012 contract for state mandated mental health services with
Health Center, Inc.
, as adopted at the final budget hearing on September 21, 2011.
(2.) Approve FY2012 contract for state mandated initial medical exams and consultations
for allegedly abused children with
,
as adopted at the final budget hearing on September 21, 2011.
agencies. (
#20110815-
HUMAN SERVICES)
FUNDING SOURCE:
General Fund.
WHAT ACTION ACCOMPLISHES:
Provides county funding for state mandated Mental Health services and initial medical
exams/consultations for allegedly abused children.
MANAGEMENT RECOMMENDATION:
Approve.
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BOOK - 2011R - B.O.C.C.-----------------------------------
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Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
B)
ACTION REQUESTED/PURPOSE:
(1.) Approve FY2012 contract for state mandated substance abuse services and FY2012
contract for
Adult Criminal Drug Court
services with
Southwest Florida Addiction
Services, Inc.
, as adopted at the final budget hearing on September 21, 2011.
agency. (
#20110816-
HUMAN SERVICES)
FUNDING SOURCE:
General Fund.
WHAT ACTION ACCOMPLISHES:
Provides county funding for state mandated Substance Abuse services and services in
support of Adult Criminal Drug Court.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
C)
ACTION REQUESTED/PURPOSE:
Approve and execute a
and the
$1,975,872.00 in cash and additional in-kind resources. (
#20110820-
HUMAN
SERVICES)
FUNDING SOURCE:
General Fund.
WHAT ACTION ACCOMPLISHES:
of $1,975,872.00 for public health services, retention of the county assessed portion of
public health fees and other revenues and in-kind services. Funds were approved during
the FY 2012 Budget Public Hearings.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
7. INDEPENDENT
A)
ACTION REQUESTED/PURPOSE:
1) Concur with the selection of Consultants by the Competitive Negotiations Committee
negotiate hourly rate and independent costs with the following seven (7) firms:
1.
HDR
2.
3.
4.
TKW Consulting Engineers, Inc.
5.
6.
T.Y. Lin International
7.
(all local firms), for a contract period of two (2) years.
negotiations. (
#20110821-
PROCUREMENT MANAGEMENT)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Provides the County with several Consultants on contract that can provide professional
structural engineering services involving design, construction drawings, construction
specifications, permitting, bidding & negotiation services, construction
observation/administration, conceptual estimates, analysis of existing facilities/bridges, as-
built drawings, miscellaneous design services & eleventh month warranty inspection
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BOOK - 2011R - B.O.C.C.-----------------------------------
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MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
Commissioner Bigelow expressed his long-standing disagreement with the makeup of the Selection Committee and
process. Commissioner Manning moved approval, seconded by Commissioner Judah, called and carried with
Commissioner Bigelow voting nay.
8. NATURAL RESOURCES/SOLID WASTE
A)
ACTION REQUESTED/PURPOSE:
Board approve and execute
Agreement No. 4600002529,
County with a total project cost of $3,000,000.00. Approve budget amendment resolution
in the amount of $1,500,000.00 for the unanticipated revenue and authorize expenditures in
the FY11/12-15/16 CIP accordingly. (
#20110819-
NATURAL RESOURCES)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Provides cost share for regional water quality project.
MANAGEMENT RECOMMENDATION:
Staff recommends approval.
PULLED FOR DISCUSSION
Commissioner Judah moved approval, seconded by Commissioner Manning. Commissioner Judah thanked South
Florida Water Management District (SFWMD) Executive Director Melissa Meeker in retaining funding for Lakes
Park and to Lee County Natural Resources Director Roland Ottolini in keeping track of the project. The motion was
called and carried.
RESOLUTION NO. 11-10-09
B)
ACTION REQUESTED/PURPOSE:
A) Approve
Change Order #1
with Florida Dredge and Dock, LLC under contract # 5577
contract time by 55 days.
(
#20110831-
NATURAL RESOURCES)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Offshore dredging and beach fill placement of additional 105,752 cubic yards. The
maximum volume for beach placement increases to 420,752. Increases the contract time
by 55 days for a total of 205 calendar days.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, 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
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BOOK - 2011R - B.O.C.C.-----------------------------------
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No requests received.
13. UTILITIES
A)
ACTION REQUESTED/PURPOSE:
lowest responsive, responsible bidder meeting all bid requirements,
Mitchell & Stark
, (a local Contractor), for the not to exceed amount of $228,500.00, with a
behalf of the Board upon receipt. (
#20110822-
UTILITIES)
FUNDING SOURCE:
Treatment Plant Improvements.
WHAT ACTION ACCOMPLISHES:
This project includes all labor and materials for the replacement of the two (2) aerators
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall 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 can now be viewed on the Clerk's
Website at WWW.LEECLERK.ORG by accessing the BoCC Minutes and Documents
link. (
#20110844-
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.
B)
ACTION REQUESTED/PURPOSE:
Approve the Minutes for the following meetings of the Board of County Commissioners
held during the week of October 3 through October 7, 2011:
October 3, 2011 (Zoning) October 3, 2011 (Management & Planning)
October 4, 2011 (Regular)
(
#20110845-
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.
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C)
ACTION REQUESTED/PURPOSE:
Approve disbursement of excess funds resulting from the sale of tax deed certificates to a
claimant verified and certified under Florida Statutes 197.582.
(
#20110846-
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 claimant.
Commissioner Hall 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 mediated settlement agreement in the Workers' Compensation case of Sager,
inclusive of attorney's fees and costs. (
#20110792-
COUNTY MANAGER)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Resolves this case prior to trial limiting the County’s exposure.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
2. COMMUNITY DEVELOPMENT
A)
ACTION REQUESTED/PURPOSE:
and receive direction from the Board on how to proceed. (
#20110838-
COMMUNITY
DEVELOPMENT)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
MANAGEMENT RECOMMENDATION:
Determine if the Board wants to take formal position, or have staff attend as an interested
party.
Following comments by the individual Board members, and Community Development Principal Planner Alvin “Chip”
Block, Commissioner Judah moved to direct Staff to object to the Conditional Use Permit requested by Alico of
Collier County and the Planning Commission, seconded by Commissioner Manning for discussion. Following
enumeration of the various impacts, Commissioner Judah requested he be allowed to be present at the Planning
Council and the Collier County Board meeting. At the request of Commissioner Hall, County Attorney Michael Hunt
and Chief Assistant County Attorney Donna Marie Collins provided legal opinion regarding the regulations already in
place in Collier County. Commissioner Judah clarified that the motion included reference to the Collier County Plan.
In reply to Commissioner Judah’s inquiry, Mr. Block clarified there would need to be a supermajority vote of the
Board for approval of a Conditional Use Permit, the motion was called and carried.
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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
A)
ACTION REQUESTED/PURPOSE:
1) Approve award of RFP-11-14
Group Medicare Advantage Plans with Prescription Drug
Coverage for Retirees
United Healthcare, 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.
(
#20110843-
HUMAN RESOURCES)
FUNDING SOURCE:
Retiree and employer premiums.
WHAT ACTION ACCOMPLISHES:
Provides a qualified Medicare Benefit Plan carrier to manage and administer Medicare
plans for approximately 600 retirees, offering competitively priced, comprehensive
coverage with value added services.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Hall. Human Resources Manager Christine
Brady provided an overview of the Group Medicare Advantage Plan. After Board comments, with Commissioner
Bigelow noting his long-standing disagreement with the makeup of the Selection Committee process, the motion was
called and carried with Commissioner Bigelow dissenting.
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.
ADMINISTRATIVE AGENDA ITEM 14B WAS HEARD AT THIS TIME. SEE THAT ITEM FOR ACTION
TAKEN.
12. TRANSPORTATION
A)
ACTION REQUESTED/PURPOSE:
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Approve resolution authorizing the Chair to execute the attached
Joint Participation
Agreement
resolution to accept $100,000.00 from FDOT. (
#20110823-
FUNDING SOURCE:
100% Federal funds.
WHAT ACTION ACCOMPLISHES:
Executes a Joint Participation Agreement with FDOT to fund the operations of the Traffic
Operations Center. Creates a grant funded budget to allow DOT to hire two employees.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried.
RESOLUTION NOS.
11-10-10
AND
11-10-11
13. UTILITIES
No requests received.
14. COUNTY ATTORNEY
A)
ACTION REQUESTED/PURPOSE:
Board to discuss renewal of County Attorney's employment contract, which ends October
18, 2011. (
#20110811-
COUNTY ATTORNEY)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
If approved by the Board the contract will be automatically renewed under the same terms
and conditions for a three-year period ending April 18, 2014. Thereafter, on the
anniversary date under the same terms and conditions on a year-to-year basis.
MANAGEMENT RECOMMENDATION:
N/A.
Commissioner Judah officially submitted his written evaluation of County Attorney Michael Hunt, and expressed non-
support of extending his contract to 2014 as stipulated in the evaluation. Commissioner Hall stated that she was not
prepared to renew Attorney Hunt’s contract to 2014. Commissioner Manning pointed out that there would be a
stipulated penalty severance regardless, and moved approval of the extension to 2014, seconded by Commissioner
Bigelow. Following Board discussion, the motion was called and carried with Commissioners Hall and Judah
dissenting.
ADMINISTRATIVE AGENDA ITEM 14B WAS HEARD OUT OF ORDER.
B)
ACTION REQUESTED/PURPOSE:
amount not to exceed $53,000,000.00, and loaning the proceeds thereof to The Christian
and Missionary Alliance Foundation, Inc. d/b/a Shell Point for the primary purpose of (1)
currently refunding all of the Authority's outstanding Variable Rate Demand Healthcare
Point Village Project) and its Healthcare Facilities Revenue Bonds, Series 2002 (Shell
herein collectively referred to as the "Refunded Bonds"), the proceeds of which were
loaned for the purposes of financing and refinancing a portion of the costs of certain capital
improvements to the Borrower's retirement facilities generally including new independent
and assisted living facilities and certain other capital improvements to the existing facilities
("Shell Point Retirement Community"), (2) financing and refinancing a portion of the costs
(including reimbursement for prior related expenditures) related to the acquisition of
equipment for and construction/renovation/improvement of existing independent living
units and related senior care facilities located at Shell Point Retirement Community (the
"Project"), (3) funding any necessary reserves, and (4) paying costs related to issuance of
the Series 2011 Bonds. (
#20110830-
COUNTY ATTORNEY)
FUNDING SOURCE:
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WHAT ACTION ACCOMPLISHES:
Provides for Board consideration of proposed Industrial Development Authority Bonds as
required by Internal Revenue Code and Florida Statutes. Board approval will authorize
and adopt the approving Bond Issuance Resolution.
MANAGEMENT RECOMMENDATION:
Approve the adoption of the Resolution with all stated terms and conditions.
Commissioner Manning moved approval, seconded by Commissioner Hall. At the request of the Chair, Deputy
County Attorney Andrea Fraser clarified that the County would not have any risk at all, the motion was called and
carried.
15. HEARING EXAMINER
16. CONSTITUTIONAL OFFICERS
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
1. ACTION REQUESTED/PURPOSE:
Approve a contract between Lee County and Colonial Country Club for the “Read Between the Wines” event,
supporting fundraising efforts to benefit the 2012 Southwest Florida Reading Festival, which allows the Lee
County Library System to sponsor a program involving the service of alcoholic beverages to patrons
purchasing a ticket to attend the function. (
#20110870-
LIBRARY)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Allows Library staff to hold the “Read Between the Wines” event to raise funds for the Soutwest Florida
Reading Festival.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning. Commissioner Bigelow expressed non-
support for the reason that alcohol may be served. The motion was called and carried with Commissioner Bigelow
voting nay.
COMMISSIONER ITEMS
SURPLUS LAND ISSUE – Commissioner Judah moved to request Administration to prepare a letter
on the Surplus Land issue for the Chair to sign, seconded by Commissioner Hall, called and carried.
Twins President Dave St. Peter, who was pleased with the Board’s action to perform a detailed study to enhance the
County’s relationship with the team, hopefully for the next 50 years.
COMMITTEE APPOINTMENTS
CONSTRUCTION
LICENSING BOARD,
seconded by Commissioner Manning, called and carried.
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BOCA GRANDE HISTORIC
PRESERVATION BOARD,
seconded by Commissioner Hall, called and carried.
CONSTRUCTION
LICENSING ADVISORY COMMITTEE,
LAND DEVELOPMENT CODE
ADVISORY COMMITTEE,
AIRPORT SPECIAL MANAGEMENT
COMMITTEE.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
COUNTY MANAGER ITEMS
proposed meeting schedule cancellation for the Holidays. Commissioner Hall moved approval, seconded by
Commissioner Manning, called and carried.
COUNTY ATTORNEY ITEMS
The Chairman adjourned the meeting at 11:35 a.m.
__________________________
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