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BOOK - 2011R - B.O.C.C.-----------------------------------
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AUGUST 16, 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 Invocation was given by Chairman Mann,
followed by the Pledge of Allegiance.
PRESENTATIONS
The 2
nd
quarter 2011Employee Length of Service Awards were presented by Human Resources
Coordinator Stephanie Figueroa and Employee Relations representative Rosanna Music. See CP-1 agenda back-up
for a list of employees recognized. (
#20110648-
HUMAN RESOURCES)
ANNOUNCEMENTS
Referring to the August 16, 2011Agenda
Recap Sheet,
the Chairman announced that:
Director of South Florida Water Management District (SFWMD), will be provided regarding South Florida and Lee
County issues.
Chairman Mann introduced the newly-appointed Executive Director of the SFWMD and recognized the latest
SFWMD Board appointee for this area Dan DeLisi. Ms. Meeker addressed the Board and indicated her focus on the
commitment of the SFWMD to the future. She introduced the SFWMD Board members present: Dan Delisi, Phil
PowerPoint presentation
highlighting the budget process and
plans for regional projects. Ms. Meeker responded to Board comments and questions. At the request of Chairman
Mann, Ms. Meeker agreed to meet with the Board within a sixty day timeframe to more thoroughly discuss specific
projects.
9:30 A.M. AGENDA ITEM
- Public Comment on Agenda Items
Consent (C) and Administrative (A)
A1A - Clerk of Courts
The following are Consent Agenda items that each Board member wished to have discussed:
Commissioner Hall - none
Commissioner Manning - none
Commissioner Mann - none
Commissioner Judah – 8A, 14A and 14B
Commissioner Bigelow – 3A
CONSENT AGENDA
1. COUNTY ADMINISTRATION
No requests received.
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2. COMMUNITY DEVELOPMENT
No requests received.
3. CONSTRUCTION AND DESIGN
A)
ACTION REQUESTED/PURPOSE:
Accept the informal bids taken and award to the lowest responsive/responsible bidder
Window Repair, in the amount of $99,970.00. Further authorize Chair to execute the
Construction Contract upon receipt. (
#20110563-
CONSTRUCTION AND DESIGN)
FUNDING SOURCE:
Complex Window Repair/Replacement.
WHAT ACTION ACCOMPLISHES:
Approximately 26 windows will be replaced due to fogging, visibility and leaking
problems.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
Commissioner Bigelow moved approval, seconded by Commissioner Judah. Commissioner Bigelow commended
Assistant County Manager for Public Works Doug Meurer for the transparency of the bidding process reflected in the
blue sheet. The motion was called and carried.
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:
Authorize the Solid Waste Division to receive less than 10 tons of out-of-county solid
(
#20110641-
SOLID WASTE)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Allows the Division to receive a limited quantity of out-of-county waste.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
Commissioner Judah moved approval, seconded by Commissioner Hall. Commissioner Judah expressed his and the
County’s appreciation to Covanta Energy Lee, Inc., for their sponsorship of this beneficial clean-up event. The
motion was called and carried.
9. PARKS AND RECREATION
No requests received.
10. PUBLIC SAFETY
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A)
ACTION REQUESTED/PURPOSE:
Request for
Grant Fund Distribution.
approve expenditures in a like amount. (
#20110619-
PUBLIC SAFETY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
apply and accept the grant monies in the amount of $45,210.00
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried.
RESOLUTION NO. 11-08-27
B)
ACTION REQUESTED/PURPOSE:
Approve the
First Amendment to the License Agreement
between Verizon Wireless
accommodate construction of additional equipment in conjunction with the Licensee’s use
(
#20110632-
PUBLIC SAFETY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Amendment provides the right to construct facilities on an additional 415 square feet of
of $500.00 per month.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried.
11. PUBLIC WORKS ADMINISTRATION
No requests received.
12. TRANSPORTATION
A)
ACTION REQUESTED/PURPOSE:
Award B-11-25 County-Wide Roadway Resurfacing Improvements - FY 11 Contract 3 to
the lowest responsive, responsible bidder meeting all bid requirements,
Contracting, Inc.
, (a local vendor), in the not-to- exceed amount of $961,771.00, with a
project duration of 180 calendar days. Also, authorize Chair to execute contract upon
receipt. (
#20110623-
TRANSPORTATION)
FUNDING SOURCE:
Road Resurfacing / Rebuild.
WHAT ACTION ACCOMPLISHES:
Provides a Contractor for the resurfacing and/or rebuilding of Corkscrew Road, Estero
Boulevard, Sentinela Boulevard, Sunniland Boulevard., Homestead Road, Bell Boulevard
and Plantation Road.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried.
13. UTILITIES
BOOK - 2011R - B.O.C.C.-----------------------------------
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interest rate credited to customers from .22534% to .27838%, effective September 1, 2011.
The security deposit interest rate is the simple interest rate utilized to calculate interest
earnings on security deposits. The interest rate will be reviewed annually.
(
#20110618-
UTILITIES)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Allows Utilities to increase the interest rate currently being credited to customers with
security deposits from .22534% to .27838% annually. The interest rate increase would
allow a closer match to the average rate of interest earned on security deposits monies
Board of Administrators (SBA) interest of .27838% closely replicates an 18-month rate
earned on security deposit monies invested.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Authorize Chair to execute the
Commercial/Industrial Demand Reduction Rider
Agreement
Three Oaks Wastewater Treatment Facility. (
#20110556-
UTILITIES)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
consumption.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried.
C)
ACTION REQUESTED/PURPOSE:
Authorize the continued use of Quote IW090528 Welding and Metal Fabrication for
Utilities, from the awarded vendor Titan Manufacturing, Inc., with an estimated annual
expenditure of $200,000.00. (
#20110602-
UTILITIES)
FUNDING SOURCE:
Equipment Repair Parts.
WHAT ACTION ACCOMPLISHES:
Allows Utilities to get direct support from this specialized vendor on an as needed basis, in
a cost effective, efficient and timely manner.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried.
14. COUNTY ATTORNEY
A)
ACTION REQUESTED/PURPOSE:
or as soon thereafter as it may be heard. (
#20110625-
COUNTY ATTORNEY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Eliminates any potential violation of the regulatory preemption pertaining to firearms,
ammunition and related components adopted by the Florida Legislature in Florida Statutes
Chapter 790.
MANAGEMENT RECOMMENDATION:
Approve authorization to advertise for and conduct a Public Hearing on Tuesday,
September 13, 2011 at 9:30 a.m.
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PULLED FOR DISCUSSION
Assistant County Attorney Dawn Perry-Lehnert and County Attorney Michael Hunt responded questions by
Commissioners Judah and Bigelow on the new legislation that invokes sanctions for any type of interference with
Chapter 790. The Chairman pointed out that the item directs this matter to Public Hearing for public input and further
discussion. Commissioner Hall moved approval, seconded by Commissioner Manning. The motion was called and
carried with Commissioner Judah voting nay.
B)
ACTION REQUESTED/PURPOSE:
September 13, 2011 at 9:30 a.m., or as soon thereafter as it may be heard.
(
#20110624-
COUNTY ATTORNEY)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Eliminates any potential violation of the regulatory preemption pertaining to firearms,
ammunition and related components adopted by the Florida Legislature in Florida Statutes
Chapter 790.
MANAGEMENT RECOMMENDATION:
Approve authorization to advertise for and conduct a Public Hearing on Tuesday,
September 13, 2011 at 9:30 a.m.
PULLED FOR DISCUSSION
Commissioner Judah indicated his objection was the same as in C14A. Commissioner Manning moved approval,
seconded by Commissioner Hall, called and carried with Commissioner Judah voting nay.
15. HEARING EXAMINER
No requests received.
16. CONSTITUTIONAL OFFICERS
A)
ACTION REQUESTED/PURPOSE:
Approve Sheriff's expenditure and
transfer
from reserves in the LET Fund #10500 for
$100,000.00 for prevention and education programs. (
#20110630-
SHERIFF)
FUNDING SOURCE:
Law Enforcement Trust Fund.
WHAT ACTION ACCOMPLISHES:
Allow funds to be expended in the current fiscal year.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried.
B)
ACTION REQUESTED/PURPOSE:
FY 10/11 from revenues collected from various fees, services, etc. that were collected by
the Sheriff's Office during the period of 4/16/11 through 7/31/11. Also, approve transfers
within budget line items within the Sheriff's Office allocation. (
#20110631-
SHERIFF)
FUNDING SOURCE:
General Fund.
WHAT ACTION ACCOMPLISHES:
Board approval is needed to expend funds collected.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried.
C)
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. (
#20110644-
FINANCE)
FUNDING SOURCE:
N/A
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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.
D)
ACTION REQUESTED/PURPOSE:
Approve the Minutes for the following meetings of the Board of County Commissioners
held during the week of August 1 through August 5, 2011:
June 27, 2011 (Special - at Port)
August 02, 2011 (Regular)
August 03, 2011 (Millage Rate).
(
#20110645-
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 Hall, called and carried.
E)
ACTION REQUESTED/PURPOSE:
File and record
proof of publication
of unclaimed cash bond refunds in the Minutes of the
#20110646-
FINANCE)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Pursuant to Chapter 116.21, Florida Statute notifies criminal and civil cash bond depositors
of unclaimed funds held by the Clerk of Courts.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
No requests received.
ADMINISTRATIVE AGENDA
1. COUNTY ADMINISTRATION
A)
ACTION REQUESTED/PURPOSE:
Authorize entering into a
Service Provider Agreement,
in accordance with Florida Statute
287.057 where legal services are exempt from competitive-solicitation, for Water
Sundstrom & Bentley LLP, in the amount of $200,000.00 for the 2011-12 fiscal year with
a contract period of one (1) year with a one (1) year renewal option. Further authorize the
Chair to execute the Agreement upon receipt.
(
#20110621-
VISITOR AND CONVENTION BUREAU)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Provides for a continuation of services with a proven consultant in the area of water
resource management.
MANAGEMENT RECOMMENDATION:
Approve.
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Visitor and Convention Bureau Director Tamara Pigott reviewed the request, and responded to Board questions.
Commissioner Judah moved approval for discussion, seconded by Commissioner Hall. Further discussion ensued on
the separate contract the County has with Rose Sundstrom & Bentley, the County Attorney’s request for deferral, and
the TDC as the funding source for the subject agreement. At the Chairman’s request, Mr. Fumero addressed the
question of potential conflicts of interest, stating there were no conflicts or appearances of conflicts of interest.
Commissioner Hall commented on the funding mechanism and requested a revision to the motion, and the motion
maker agreed that the County Attorney would review the legality of the funding source and that the review would be
concluded by next week. Following additional Board discussion, the motion was called and carried with
Commissioners Mann and Bigelow voting nay.
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
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
A)
ACTION REQUESTED/PURPOSE:
McGregor II Wastewater Assessment Penalty Waiver Request. Approve or deny customer
request to waive 100% of the penalty charges in the amount of $21,238.64. This action
would bring the outstanding penalty balance current. The customer would continue to be
responsible for principal and interest charges, and any future penalties that may result from
delinquent payments. (
#20110617-
UTILITIES)
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FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Reduction of customer wastewater assessment penalty from $21,238.64 to $-0-.
MANAGEMENT RECOMMENDATION:
Staff does NOT recommend approving this action. The property being assessed is zoned
Board approval. Utilities has offered to reduce penalty fees by 50%, with payment in full
for outstanding principal, interest, and 1/2 the penalty fees. The customer declined the
offer.
Commissioner Manning moved approval to reduce the penalty fees by 50% or $10,619.32 which, along with
$3,526.00 original principal and $4,023.40 interest, totaled $18,168.72, as recommended by staff. Utilities Director
Pam Keyes provided a brief overview of the matter. Commissioner Judah seconded the motion. Following further
clarification, the motion was called and carried.
14. COUNTY ATTORNEY
No requests received.
15. HEARING EXAMINER
No requests received.
16. CONSTITUTIONAL OFFICERS
No requests received.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
No requests received.
COMMISSIONER ITEMS
ART DISPLAY - Commissioner Hall invited everyone to view images on display outside her office by
one of SW Florida’s finest wildlife and nature photographers Geoff Coe
Management & Planning meeting discussion on the deteriorated conditions of certain county roads with Public Safety
Assistant County Manager Doug Meurer on beach re-nourishment on Fort Myers Beach in order to meet the
November deadline.
Chairman Mann left the Chambers at this time, and did not return for the remainder of the meeting. Vice Chairman
Manning assumed the Chair for the balance of the meeting.
SOLAR WATER HEATER - Commissioner Judah requested a Management and Planning meeting
PHOSPHATE AREAWIDE ENVIRONMENTAL IMPACT STATEMENT – Commissioner Judah
requested an update from Natural Resources Director Roland Ottolini and Assistant County Attorney Susan
Henderson at the next available Management and Planning meeting.
CONSENT AGENDA ITEM 13C - Commissioner Bigelow indicated regret for not pulling Consent
Agenda Item 13 C for discussion to direct further negotiations on a lower priced contract, and suggested looking at
additional proposals.
COMMITTEE APPOINTMENTS
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BLACK AFFAIRS
ADVISORY BOARD
seconded by Commissioner Hall, called and carried.
(RESOLUTION NO. 11-08-28)
COUNTY MANAGER ITEMS
COUNTY ATTORNEY ITEMS
The Chairman adjourned the meeting at 11:45 a.m.
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