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NOVEMBER 27, 2012
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 Rev. Jim
Rosemergy, Unity of Fort Myers Church, followed by the Pledge of Allegiance to the flag. Commissioner Manning
requested a moment of silence to acknowledge in sympathy the recent passing of Sanibel/Captiva resident Tim
Gardner.
ANNOUNCEMENTS
Referring to the Agenda
Recap
Sheet dated November 26, 2012, the Chairman announced that:
Carry-Over No. 1
The
ACTION REQUESTED/PURPOSE
section should be revised as follows:
Concur with the ranking of Consultants by the Competitive Negotiations Committee for CN-12-18 LEE/HENDRY
LANDFILL ASH MONOFILL EXPANSION: ENGINEERING DESIGN AND PERMITTING SERVICES as
follows: 1) Jones Edmunds, 2) HDR, 3) SCS Engineers, 4) CDM Smith. B) Authorize negotiations with Jones
Edmunds as the number one ranked firm. The negotiated agreement will be brought back to the Board for approval
(#20120988-SOLID WASTE).
REASON FOR CARRY OVER
: Board deferred for two weeks on November 13,
2012.
Commissioner Hall moved approval, seconded by Commissioner Manning, 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; however, no one came forward to offer comment.
The following are the Consent Agenda items that each Board member wished to have discussed:
Commissioner Pendergrass-None
Commissioner Hall-None
Commissioner Mann-None
Commissioner Kiker-C7(d)
Commissioner Manning-None
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
No requests received.
APPROVED MINUTES OF 112712R
A)
ACTION REQUESTED/PURPOSE:
1) Approve a
Temporary Construct]ion Easement Purchase Agreement
for temporary use
Parcel 100, for the Banana Street Drainage Improvement;
2) Authorize the Chairman on behalf of the Board to execute the Temporary Construction
Easement Purchase Agreement;
3) Authorize the payment of necessary costs and fees for this transaction;
complete this transaction. (
#20121016-
COUNTY LANDS)
FUNDING SOURCE:
Fund: Transportation Trust; Program: DOT Operations Roadway; Project: Banana Street
Drainage Improvement - Easement Recording.
WHAT ACTION ACCOMPLISHES:
Conveys temporary access to DOT to improve Banana Street drainage.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
6. HUMAN SERVICES
No requests received.
7. INDEPENDENT
A)
ACTION REQUESTED/PURPOSE:
1) Approve three interlocal agreements, for the provision of stray animal control and
and
(#20121005-
ANIMAL SERVICES)
FUNDING SOURCE:
County into the Unincorporated MSTU Fund.
WHAT ACTION ACCOMPLISHES:
enforcement services to the requesting municipalities for the 2012/2013 fiscal year under
the terms and conditions of the respective Interlocal Agreement. Board approval will also
serve to ratify and affirm the provision of services under the terms of the Interlocal
Agreement to date.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Enter into a
to accept funding for the planning and implementation of the Rural Transit Assistance
Program annual safety and training event on April 19 and 20, 2013, allowing for the
execution of documents necessary to accept this funding. (
#20121007-
TRANSIT)
FUNDING SOURCE:
State funded, no local match required.
WHAT ACTION ACCOMPLISHES:
Allows LeeTran to accept funding from FDOT.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NO.12-11-23
C)
ACTION REQUESTED/PURPOSE:
APPROVED MINUTES OF 112712R
Approve a
Joint Participation Agreement
adopt an authorizing resolution to accept funding for improvements to passenger amenities
and allow for future funding which may become available for this project. (
#20121008-
TRANSIT)
FUNDING SOURCE:
Funds have been budgeted for Passenger Amenities from the Florida Dept of
WHAT ACTION ACCOMPLISHES:
Provides funding for capital expenses related to the construction and improvement of bus
shelters and passenger amenities on the State Highway System.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NO.12-11-24
D)
ACTION REQUESTED/PURPOSE:
replace the County's existing storage equipment and upgrade its functionality for a grand
total price of $652,900.30 from Presidio Networked Solutions. The purchase price
represents a negotiated savings of 62% or $1,072,463.95 off of the Florida State Contract
cost of $1,725,364.25.
2) Approve a
budget transfer
from ITG reserves to ITG operations budget in the amount of
$652,900. (
#20121026-
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Allows the purchase of storage equipment to support many computer services used by the
County including email, the virtual server environment, enterprise-wide database cluster,
network file shares (department drives and H: drives, and Kwiktag (the document imaging
repository). Provides full replacement of primary and secondary storage and real-time data
$820,000 over five years.
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
Information Technology Director Jim Desjarlais responded to a question by Commissioner Kiker regarding ITG
budgeting for the item, with clarification provided by Assistant County Manager Pete Winton. Mr. Desjarlais noted a
substantial discount and savings over the next five years resultant from moving forward at this time. Commissioner
Kiker moved approval, seconded by Commissioner Hall, called and carried.
8. NATURAL RESOURCES/SOLID WASTE
No requests received.
9. PARKS AND RECREATION
A)
ACTION REQUESTED/PURPOSE:
Approve the Six Mile Cypress Slough Preserve (SMCSP) Land Stewardship Plan.
(
#20121011-
PARKS AND RECREATION)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Approval of the SMCSP Land Stewardship Plan establishes guidelines for restoration,
stewardship activities and public use of the Preserve.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
10. PUBLIC SAFETY
A)
ACTION REQUESTED/PURPOSE:
Modification amending Attachment C
(Program
APPROVED MINUTES OF 112712R
a $134,341 grant to enhance the county's emergency management program. (
#20121013-
PUBLIC SAFETY)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
FY12 Emergency Management Preparedness Grants (EMPG) Program.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
B)
ACTION REQUESTED/PURPOSE:
acceptance letter
and
any other documents required
to accept this award from the State of Florida Division
of Emergency Management that provides $14,200.00 in grant funds to support the
development and sustainment of core capabilities to fulfill the National Preparedness Goal.
$14,200.00 and approve the expenditures in the like amount. (
#20121006-
PUBLIC
SAFETY)
FUNDING SOURCE:
Fund – State Grant through General Fund; Program – State Homeland Security Grant;
Project – Homeland Security Training.
WHAT ACTION ACCOMPLISHES:
equipment, training, and exercise needs that prevent, protect against, mitigate, respond to
and recover from acts of terrorism and other catastrophic events.
MANAGEMENT RECOMMENDATION:
Staff recommends approval.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
11. PUBLIC WORKS ADMINISTRATION
13. UTILITIES
A)
ACTION REQUESTED/PURPOSE:
Developer Contributed Asset - The Preserve at Corkscrew, Phase 2B (BS
20120990/23901, THO/SDG): Approve construction of water and force main extensions
serving “THE PRESERVE AT CORKSCREW, PHASE 2B”, to provide the backbone
utility infrastructure needed to support development of this and the next phase of this
residential development. This is a Developer contributed asset project located on the south
#20120990-
UTILITIES)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Provides adequate utility infrastructure to support development of the subject property and
MANAGEMENT RECOMMENDATION:
Approval.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Developer Contributed Asset - Villagio Gatehouse Relocation (BS 20120992/23903,
MMM/SDG): Approve final acceptance, by Resolution, as a donation of one potable water
APPROVED MINUTES OF 112712R
service and one sewer lateral serving 'VILLAGIO GATEHOUSE', which was recently
relocated. This is a Developer contributed asset project located along the east side of Three
Oaks Parkway approximately ½ mile south of Estero Parkway. (
#20120992-
UTILITIES)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Provides adequate utility infrastructure to support RE-DEVELOPMENT of the subject
MANAGEMENT RECOMMENDATION:
Approval.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
C)
ACTION REQUESTED/PURPOSE:
behalf of the BOCC, to approve a new
"Delegation and Special Power of Attorney"
form
"OWNER" on specific documents required by the Florida State Department of
FDOT rights-of-way. (
#20120998-
UTILITIES)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
any updated staff changes.
MANAGEMENT RECOMMENDATION:
Approval.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
D)
ACTION REQUESTED/PURPOSE:
Developer Contributed Asset - Cheddar's Casual Café (BS 20121014/23925, MMM/SDG):
Approve final acceptance, by Resolution and recording of
one (1) utility easement,
as a
donation of one potable water service and one 10'' diameter fire line, to provide potable
water service and fire protection to “CHEDDAR'S CASUAL CAFÉ”, a recently
constructed commercial building. This is a Developer contributed asset project located
#20121014-
UTILITIES)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Provides adequate utility infrastructure to support development of the subject property and
MANAGEMENT RECOMMENDATION:
Approval.Agendas-Bs-Needs-2012\
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
E)
ACTION REQUESTED/PURPOSE:
MMM/SDG): Approve final acceptance, by Resolution and recording of
one (1) utility
easement,
as a donation of one 4'' diameter fire line, to provide fire protection to “FORT
20120927-
UTILITIES)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Provides adequate utility infrastructure to support re-development of the subject property
MANAGEMENT RECOMMENDATION:
Approval.
APPROVED MINUTES OF 112712R
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
F)
ACTION REQUESTED/PURPOSE:
Dioxide for Utilities from the awarded vendor, Airgas Carbonic.
2) Recognize an increase under existing quote for annual estimated expenditures from
$130,000 to $190,000. (
#20120991-
UTILITIES)
FUNDING SOURCE:
Chemicals, Insecticides & Fertilizers.
WHAT ACTION ACCOMPLISHES:
Allows Utilities to continue purchasing carbon dioxide on an as needed basis in a cost
effective, efficient and timely manner from a reliable source.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
14. COUNTY ATTORNEY
15. HEARING EXAMINER
16. CONSTITUTIONAL OFFICERS
A)
ACTION REQUESTED/PURPOSE:
Present for informational purposes interim reporting on selected financial activity and
provide update on economic changes in today's market (see background information).
(
#20121034-
FINANCE)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Statutes, Local Investment Policies, this report includes the stated and fair market value of
activity for the Driver’s Education Safety Trust Fund.
MANAGEMENT RECOMMENDATION:
The purpose of this report is to convey to you the financial status of selected significant
expenditures as of the stated dates, and the market value of investments managed by the
Clerk’s Office on behalf of the Board.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Request Board approves 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. (
#20121035-
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.
C)
ACTION REQUESTED/PURPOSE:
APPROVED MINUTES OF 112712R
Approve the Minutes for the following meetings of the Board of County Commissioners
held during the week of November 12 thru November 16, 2012. (
#20121036-
MINUTES)
November 13, 2012 (Regular Meeting)
FUNDING SOURCE:
Not Applicable.
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.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
ADMINISTRATIVE AGENDA
1. COUNTY ADMINISTRATION
A)
ACTION REQUESTED/PURPOSE:
1) Award Service Provider Agreement for LEGISLATIVE AND AGENCY LOBBYING
for a contract amount
of $32,081 to cover general legislative issues through the 2013 Regular Session.
2) Award Service Provider Agreement for LEGISLATIVE AND AGENCY LOBBYING
for a contract
amount of $25,000.00 to provide issue-specific representation through the 2013 Regular
Session.
(
#20121027-
COUNTY MANAGER)
FUNDING SOURCE:
Fund: General Fund; Program-Non-Dept.—Non-Departmental; Project-Professional
Services.
WHAT ACTION ACCOMPLISHES:
Extends current state legislative and executive branch lobbying services through June 30,
2013.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
2. COMMUNITY DEVELOPMENT
3. CONSTRUCTION AND DESIGN
4. COUNTY COMMISSIONERS
5. COUNTY LANDS
6. HUMAN SERVICES
7. INDEPENDENT
APPROVED MINUTES OF 112712R
8. NATURAL RESOURCES/SOLID WASTE
A)
ACTION REQUESTED/PURPOSE:
the Basin Management Action Plans (BMAPs) for the
Tidal Caloosahatchee
and
Everglades West Coast
#20121024-
NATURAL
RESOURCES)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
BMAPs.
MANAGEMENT RECOMMENDATION
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning for discussion. Natural Resources Director
Roland Ottolini responded to questions and comments by Commissioner Kiker concerning the status of septic tank
issues and education to the public about the ordinance provisions and compliance, noting the huge impact it would
have for the Captiva area where so many septic tanks remain. Mr. Ottolini advised he would provide an update on the
proposed ordinance to bring back for consideration at a future M&P meeting. Commissioner Hall recommended a
stand-alone Natural Resources Update sometime after the first of the year. The motion was called and carried.
`
9. PARKS AND RECREATION
10. PUBLIC SAFETY
11. PUBLIC WORKS ADMINISTRATION
13. UTILITIES
A)
ACTION REQUESTED/PURPOSE:
County Utilities (LCU) to purchase an anti-scalant, known as Vitec 3000, from the sole
regional supplier, Harn R/O Systems, Inc. for a period of three years, with the option to
renew for two additional one year periods.
2) Approve an annual estimated expenditure for this product in the amount of $350,000.
(#20121012-
UTILITIES)
FUNDING SOURCE:
Chemicals, Insecticides and Fertilizers.
WHAT ACTION ACCOMPLISHES:
This action will allow LCU to purchase the specialty anti-scalant chemical (Vitec 3000)
from Harn R/O Systems, Inc. the sole regional distributor of this proprietary product
efficient and timely manner. Purchase and use of Vitec 3000 is necessary to maintain the
Pinewoods water treatment plants.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
APPROVED MINUTES OF 112712R
14. COUNTY ATTORNEY
15. HEARING EXAMINER
16. CONSTITUTIONAL OFFICERS
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
CARRY OVER AGENDA
CO1. ACTION REQUESTED/PURPOSE:
A) Concur with the ranking of Consultants by the Competitive Negotiations Committee for
ENGINEERING DESIGN AND PERMITTING SERVICES as follows: (1) Jones
Edmunds; (2) HDR; (3) SCS Engineers; (4) CDM Smith.
negotiated agreement will be brought back to the Board for approval. (#20120988-SOLID
WASTE)
ACTION REQUESTED/PURPOSE:
A) Concur with the ranking of Consultants by the Competitive Negotiations Committee for
ENGINEERING DESIGN AND PERMITTING SERVICES as follows:
negotiated agreement will be brought back to the Board for approval.
(
#20120988-
SOLID WASTE)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Provides Solid Waste with professional engineering services related to the design,
permitting and construction support for disposal cell expansion and other (solid waste)
MANAGEMENT RECOMMENDATION:
Approve.
REASON FOR CARRY OVER:
Board deferred for two weeks on November 13, 2012.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING THE CHAIRMAN ANNOUNCED THAT:
The
ACTION REQUESTED/PURPOSE
section should be revised as follows: A) Concur with
the ranking of Consultants by the Competitive Negotiations Committee for CN-12-18 LEE/HENDRY LANDFILL
ASH MONOFILL EXPANSION: ENGINEERING DESIGN AND PERMITTING SERVICES as follows: 1) Jones
Edmunds; 2) HDR; 3) SCS Engineers; 4) CDM Smith. B) Authorize negotiations with Jones Edmunds as the number
one ranked firm. The negotiated agreement will be brought back to the Board for approval (#20120988-SOLID
WASTE).
REASON FOR CARRY OVER
: Board deferred for two weeks on November 13, 2012.
Commissioner Manning moved approval, seconded by Commissioner Pendergrass. Under discussion, Commissioner
Hall commended Utilities Director Lindsey Sampson for a thorough, informative memorandum clarifying all aspects
of the expansion, and stated her frustration due to a lack of consistency in the selection and ranking process, noting
she would not support the item. Commissioner Kiker stated he was in agreement with Commissioner Hall, but that he
would support the item with the assurance Staff would bring the negotiated agreement back for final Board approval.
The motion was called and carried with Commissioner Hall voting nay.
APPROVED MINUTES OF 112712R
COMMISSIONER ITEMS
COUNTY ATTORNEY’S RESIGNATION-Commissioner Manning referenced a memo of 11/20/ 2012
from Special Counsel to the Board, Attorney George Knott, summarizing issues for consideration concerning County
Attorney Michael Hunt’s resignation and the Board’s request to expedite his departure date. Extended discussion
ensued and Commissioner Mann requested that Mr. Hunt address the Board. After delineating terms for a severance
package which included moving his departure date forward, Mr. Hunt informed that the proposals as set forth in
Attorney Knott’s letter were unacceptable. Discussion resumed with commentary by the individual Commissioners.
Commissioner Kiker moved to accept Mr. Hunt’s letter of resignation of August 9, 2012 under the terms initially
proposed. Commissioner Hall expressed concerns about the unsettling status of the County Attorney’s office, urging
that Mr. Hunt’s departure date be expedited to November 30, 2012 to enable moving forward. Mr. Hunt responded
that he would agree to leave on December 3,
,
2012, but his financial expectations remained as previously stated.
Commissioner Mann moved to offer 13 weeks of severance pay, including payment of unused sick leave, unused
vacation and COBRA, seconded by Commissioner Manning under discussion. Commissioner Mann clarified his
motion to include waiver of the repayment of moving expenses by Mr. Hunt, seconded by Commissioner Manning.
Attorney Knott responded to questions by the Board and opined that all future negotiations with Mr. Hunt should be in
the form of a “settlement offer’ rather than as a motion, and should be a reflection of the desire of the Board to
continue negotiations to a mutually agreeable conclusion. Commissioner Manning withdrew his second to the motion
and noted his agreement with the recommendations of Mr. Knott. There was Board concurrence that Commissioner
Manning would meet with Mr. Hunt, the request for an extension of Mr. Knott’s representation pending finalization of
all issues, and an update would be presented at the next regular BoCC meeting.
MONTHLY WORKSHOPS-Commissioner Kiker recommended assembling of work sessions for
discussion of the meeting process, current policies and procedures, and extended consideration of exceptionally
complex issues, such as MEDSTAR, landfill, or any items requiring more in-depth decisions, and suggested the
possibility of making the meetings public and the feasibility of meeting on the third Monday of each month.
COMMITTEE APPOINTMENTS
There were no appointments submitted by the individual Commissioners.
COUNTY MANAGER ITEMS
out that the next meeting of the Board would be a Management & Planning meeting on January 14, 2013, and advised
of tentative plans to schedule the first of the work sessions suggested by Commissioner Kiker during the following
week. Commissioner Manning moved approval of the revised schedule, seconded by Commissioner Hall, called and
carried.
COUNTY ATTORNEY ITEMS
Public Presentation of Matters by Citizens:
The Chairman called for public presentation of matters by citizens and the following came forward:
pool.
(Handout)
The Chairman adjourned the meeting at 10:44 a.m.
__________________________
_____________________________
APPROVED MINUTES OF 112712R