HTML Raw Codes The Regular Meeting of the Board of Lee County Commissioners was held this date with the following Commissioners present:
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NOVEMBER 20, 2012
The
Regular Meeting
of the
Board of Lee County Commissioners
was held on this date with the
following Commissioners present:
John E. Manning, Chairman
Cecil L. Pendergrass
Larry Kiker
Tammara Hall
Frank B. Mann
The Chairman called the meeting to order at 9:30 a.m. The Invocation was given by Pastor Jeffrey
DoYoe of Covenant Presbyterian Church, followed by the Pledge of Allegiance to the Flag.
PRESENTATIONS
Annual Reorganization of the Board of County Commissioners (
#20120894-
PUBLIC RESOURCES)
Commissioner Manning called on Clerk of Courts Charlie Green who briefly reviewed the voting
process under the County Charter. Clerk of Courts Charlie Green noted a second was not necessary and called for
nominations for Chairman. Commissioner Hall nominated Commissioner Pendergrass for Chairman. Noting there
were no further nominations, Mr. Green called for a voice vote and Commissioner Pendergrass was selected
unanimously. Mr. Green turned the floor over to Chairman Pendergrass for selection of a Vice-Chairman.
Commissioner Mann nominated Commissioner Kiker for Vice-Chair, seconded by Commissioner Hall, called and
carried.
ANNOUNCEMENTS
Referring to the
Agenda Recap
Sheet dated November 20, 2012, the Chairman announced that:
Administrative Agenda Item numbers, A14a, A14b and A14c will be
deferred
to the December 4, 2012 Board
Meeting. Commissioner Manning motioned to defer, seconded by Commissioner Hall, called and carried.
9:30 A.M. AGENDA ITEM
- Public Comment on Agenda Items
Consent (C) and Administrative (A)
At this time Mr. Ron Pure came forward to offer comments; however, the Chairman noted that in order
to address the Board at this time there must be an agenda item.
The following are the Consent Agenda items that each Board member wished to have discussed:
Commissioner Pendergrass - None
Commissioner Kiker -None
Commissioner Manning - None
Commissioner Hall - None
Commissioner Mann – C14a, C14b
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
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No requests received.
6. HUMAN SERVICES
No requests received.
7. INDEPENDENT
A)
ACTION REQUESTED/PURPOSE:
Authorize submission of the Library Division's Annual Plan of Service to the Florida
Department of State, Division of Library and Information Services for FY 2012/2013. To
remain eligible for State Aid to Libraries Grant Programs, Florida Administrative Code
1B-2 requires submission of this document to the State no later than December 01, 2012.
(
#20120996-
LIBRARY)
FUNDING SOURCE:
No Lee County Funding required.
WHAT ACTION ACCOMPLISHES:
Fully qualifies the Lee County Library System for funding.
MANAGEMENT RECOMMENDATION:
Recommends approval.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
B)
ACTION REQUESTED/PURPOSE:
(A) Approve Project # PB130023, using or piggybacking Western States Contracting
Alliance (WSCA) Agreement #1907, which has undergone the competitive negotiation
process, for the annual County-wide purchase of Wireless Communication (including Air
Cards) and Equipment through Sprint Solutions for the full term of the original WSCA
agreement that is valid through October 31, 2016, with the option to renew for two
additional one year periods.
(B) Authorize an annual estimated expenditure, based on current usage, of $600,000.
(C) Authorize Chair on behalf of the Board to execute the accompanying
Participating
Addendum
as well as any additional related documentation. (
#20120989-
PROCUREMENT MANAGEMENT)
FUNDING SOURCE:
Funding will be available from the individual department or division’s budget.
WHAT ACTION ACCOMPLISHES:
Provides the County with a reliable vendor to obtain necessary cellular and air card
communications for County personnel in a cost effective, efficient and timely manner
through at least October 2016, and potentially October 2018. Entitles the County to take
advantage of the $20,000 customer goodwill service credit offered by the vendor.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
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.
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13. UTILITIES
No requests received.
CONSENT AGENDA ITEMS 14 (A) AND (B) WERE HEARD SIMULTANEOUSLY
14. COUNTY ATTORNEY
A)
ACTION REQUESTED/PURPOSE:
Amend Interlocal Agreement
dated October 2, 2001 between Lee County and the Lee
County Property Appraiser that provides for special revenue accounts for Geographic
Information System ("GIS") and use of the proceeds for periodic aerial photography and
production of updated aerials ("Aerial" account). (
#20121020-
COUNTY ATTORNEY)
FUNDING SOURCE:
Lee County BOCC funds the GIS account through budget action annually. The Aerial
account is funded by sales of digital and non-digital aerial files.
WHAT ACTION ACCOMPLISHES:
To comply with updated governmental accounting standards, clarifies the purpose of the
established special revenue funds, and provides that special revenue funds be for revenue
sources that are restricted or committed to specific purposes.
MANAGEMENT RECOMMENDATION:
Approve.
At the request of Commissioner Mann, Assistant County Attorney Jack Peterson clarified the request and noted the
generated funds were placed in the General Fund. Commissioner Mann moved approval, seconded by Commissioner
Manning, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Amend Intergovernmental Agreement for Geographic Information Services,
dated
February 24, 1993 (formerly Lee County Contract No. 930213 with Electronic Data
Systems Corporation, dated 12-23-92), between Lee County and the Lee County Property
Appraiser that provides for special revenue accounts for Geographic Information System
(“GIS”) and use of the proceeds for periodic aerial photography and production of updated
aerials (“Aerial” account). (
#20121021-
COUNTY ATTORNEY)
FUNDING SOURCE:
Lee County BOCC funds the GIS account through budget action annually. The Aerial
account is funded by sales of digital and non-digital aerial files.
WHAT ACTION ACCOMPLISHES:
To comply with updated governmental accounting standards, clarifies the purpose of the
established special revenue funds, and provides that special revenue funds be for revenue
sources that are restricted or committed to specific purposes.
MANAGEMENT RECOMMENDATION:
Approve.
At the request of Commissioner Mann, Assistant County Attorney Jack Peterson clarified the request and noted the
generated funds were placed in the General Fund. Commissioner Mann moved approval, seconded by Commissioner
Manning, called and carried
15. HEARING EXAMINER
No requests received.
16. CONSTITUTIONAL OFFICERS
A)
ACTION REQUESTED/PURPOSE:
Request Board to approve budget transfer to the Sheriff's FY 11/12 Budget to facilitate the
year-end close out and the return of $258,256.53 of unspent funds for the fiscal year. Also,
accept the
transfer
of $6,009.60 from interest earnings, $281,343.39 from excess revenues
deposited into the L.E. Trust Fund-Reg., $48,243.80 from September Civil Fees and
$266,492.88 from federal inmate housing. Also, approve FY 12/13 transfer to the Lee
County Sheriff's Office of unspent revenues from the False Alarm Reduction Program the
amount of $238,415.26 for FY 11/12. (
#20120993-
SHERIFF)
FUNDING SOURCE:
Fund-General Fund; Program-The Lee County Sheriff’s Office; Project-Revenues
collected from various fees and services.
WHAT ACTION ACCOMPLISHES:
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Sheriff and Board of County Commissioners adjust accounts at the close of each fiscal
year to facilitate the reconciliation of expenditures for the combined annual financial
report. This annual audit is required by Florida Statutes.
MANAGEMENT RECOMMENDATION:
Approve return of non-spent and collected funds.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Approve Expenditures in the amount of $195,445.13 by the Lee County Sheriff's Office for
FY 11/12 from revenues collected from various fees, services, etc. (see below) that were
collected by the Sheriff's Office during the period of 8/14/12 through 9/30/12. Also
approve transfers within budget line items within the Sheriff's Office allocation.
(
#20120994-
SHERIFF)
FUNDING SOURCE:
Fund--General Fund; Program—The Lee County Sheriff’s Office; Project—Revenues
collected from various fees and services.
WHAT ACTION ACCOMPLISHES:
Board approval is needed to expend funds collected.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried.
C)
ACTION REQUESTED/PURPOSE:
Approve the Minutes for the following meetings of the Board of County Commissioners
held during the week of November 5 thru November 9, 2012: November 5, 2012
(Zoning), November 5, 2012 (Management & Planning, November 6, 2012 (Regular
Meeting). (
#20121018-
MINUTES)
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 Mann, called and carried.
D)
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.
(
#20121019-
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 Mann, called and carried.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
No requests received.
ADMINISTRATIVE AGENDA
1. COUNTY ADMINISTRATION
No requests received.
2. COMMUNITY DEVELOPMENT
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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
No requests received.
14. COUNTY ATTORNEY
A)
ACTION REQUESTED/PURPOSE:
Approve mediated settlement in the eminent domain case of Lee County v. Richard S.
Lang, Lucila Lang and Lee County Tax Collector Case No. 10CA-726, for $123,000.00
inclusive of all attorney’s fees, expert fees, and costs, on the Burnt Store Road Project,
parcel 167. (
#20120997-
COUNTY ATTORNEY)
FUNDING SOURCE:
Fund: Road Impact Fees; Program: Capital Improvement Projects; Project: Burnt Store
Road Widening.
WHAT ACTION ACCOMPLISHES:
Settles the case.
MANAGEMENT RECOMMENDATION:
Approve.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
This item will be deferred to the December 4, 2012 BOCC Administrative Agenda. Commissioner Manning moved
the deferral, seconded by Commissioner Hall, called and carried.
B)
ACTION REQUESTED/PURPOSE:
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Approve mediated settlement in the eminent domain case of
Lee County v. Nancy L.
Burns, a/k/a Nancy L. McCoy
and Lee County Tax Collector, Case No. 10CA-727 for
$192,500.00 inclusive of all attorney's fees, expert fees, and costs, on the Burnt Store Road
Project, parcel 202. (
#20120999-
COUNTY ATTORNEY)
FUNDING SOURCE:
Fund: Road Impact Fees; Program: Capital Improvement Projects; Project: Burnt Store
Road Widening.
WHAT ACTION ACCOMPLISHES:
Settles the case.
MANAGEMENT RECOMMENDATION:
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
This item will be deferred to the December 4, 2012 BOCC Administrative Agenda. Commissioner Manning moved
the deferral, seconded by Commissioner Hall, called and carried.
C)
ACTION REQUESTED/PURPOSE:
Approve mediated settlement in the eminent domain case of Lee County v. John Caputo,
Ralph Caputo, Vincent Caputo and Lee County Tax Collector Case No. 10CA-1084, for
$90,000.00 inclusive of all attorney’s fees, expert fees, and costs, on the Burnt Store Road
Project, parcel 151.
(
#20121000-
COUNTY ATTORNEY)
FUNDING SOURCE:
Fund: Road Impact Fees; Program: Capital Improvement Projects; Project: Burnt Store
Road Widening.
WHAT ACTION ACCOMPLISHES:
Settles the case.
MANAGEMENT RECOMMENDATION:
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
This item will be deferred to the December 4, 2012 BOCC Administrative Agenda. Commissioner Manning moved
the deferral, seconded by Commissioner Hall, called and carried.
15. HEARING EXAMINER
No requests received.
16. CONSTITUTIONAL OFFICERS
No requests received.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
No requests received.
COMMISSIONER ITEMS
There were no Commissioner Items submitted by the individual Commissioners.
COMMITTEE APPOINTMENTS
There were no appointments submitted by the individual Commissioners.
COUNTY MANAGER ITEMS
Assistant County Manager Pete Winton stated the Town of Fort Myers Beach has requested a Joint
Meeting. Commissioner Hall noted that at the beginning of each year, letters are sent to all five cities requesting a
date for their annual Joint Meeting with the Board. Mr. Winton assured it would be taken care of.
Assistant County Manager Holly Schwartz noted that staff required direction regarding the issuance of
the Notice to Proceed with a business plan to initiate a model for the in-house program to retain the FAA Air Carrier
Certificate supporting the MEDSTAR program, and/or pursue the two Request for Proposals. Under discussion,
Commissioner Manning moved to approve the Public Private and Private options only, seconded by Commissioner
Mann. Under further discussion, Ms. Schwartz provided clarification on the difference of Public Private versus
Private, and noted Public Private would allow the existing County employees to remain in there positions and if the
County were to opt out of an in-house operation it would take a significant amount of time to retain another Air
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Carrier Certificate, should the County decide to take over the in-house program again. Ms. Schwartz noted that
relinquishing the certificate would in likelihood significantly lower the amount of fines owed by the County and could
possibly diminish them completely. Assistant County Manager Pete Winton added that by going Public Private or
Private would mean a $2,000,000.00 dollar a year savings to tax payers. Following discussion from the Board
concerning retaining current staff, selling the helicopters, and the need for more ambulances and the position of the
Clerks audit; the motion called and carried.
COUNTY ATTORNEY ITEMS
County Attorney Michael D. Hunt had nothing to offer at this time.
The Chairman adjourned the meeting at 9:59 a.m.
ATTEST:
CHARLIE GREEN, CLERK
__________________________
Deputy Clerk
___________________________
Chairman, Lee County Commission
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