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BOOK - 2011R - B.O.C.C.------------------------------------
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NOVEMBER 1, 2011
The
Regular Meeting
of the
was held on this date with the
following Commissioners present:
PRESENTATIONS
Commissioner Hall read and presented a Resolution proclaiming November 19, 2011 as AKC
Responsible Dog Ownership Day. The Dog Obedience Club of Lee County Corresponding Secretary Debra Covyeau,
(
#20110902-
Commissioner Hall)
unselfish love and steadfast commitment to their family which has earned them the Ol’geta Beckworth Foundation’s
Grandparents of the Year Award for 2011. Yolanda Beckworth thanked the Board for the recognition and Don and
#20110898-
Commissioner Judah)
Commissioner Mann read and presented a Resolution recognizing the “firsts” of the 2011 event and
continues to support the recreational opportunities and environmental stewardship the Calusa Blueway harbors and
commits to future support of The Calusa Blueway Paddling Festival for the visitors and residents of this great County.
Lee County Parks and Recreation Waterways Coordinator Betsy Clayton accepted the Resolution and thanked the
Board. (
#20110899-
Commissioner Mann)
ANNOUNCEMENTS
Referring to the
Revised Agenda Recap Sheet
dated November 1, 2011, the Chairman announced that:
Consent Agenda Item 9(a) should be deferred for one (1) week to allow for further review.
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried.
The word “tentatively” should be removed from Walk-on Items 1 and 2. Commissioner Manning
moved approval, seconded by Commissioner Hall, called and carried.
Four (4) Walk-on items would be heard at the appropriate time.
9:30 A.M. AGENDA ITEM
- Public Comment on Agenda Items
Consent (C) and Administrative (A)
WO1 & 2 – Sanibel Fire Rescue District Assistant Chief
The following are Consent Agenda items that each Board member wished to have discussed:
Commissioner Mann – 6(a), 7(a), 8(a)
Commissioner Manning - None
Commissioner Judah - None
Commissioner Hall - None
Commissioner Bigelow - None
CONSENT AGENDA
1. COUNTY ADMINISTRATION
BOOK - 2011R - B.O.C.C.------------------------------------
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Agreement sets out the terms by which the IDA will administer the incentive program.
(
#20110864-
ECONOMIC DEVELOPMENT)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Provides administration of the business incentive program.
MANAGEMENT RECOMMENDATION:
Staff recommends approval.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
B)
ACTION REQUESTED/PURPOSE:
Approve, and authorize the Chairman to sign, the
Agreement
Driver's Education Program and authorize release of $46,729.10 from the funds collected
(
#20110871-
BUDGET SERVICES)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Provides approval for the release of funds collected for use of the Driver’s Education
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
2. COMMUNITY DEVELOPMENT
No requests received.
3. CONSTRUCTION AND DESIGN
A)
ACTION REQUESTED/PURPOSE:
1. Approve Addendum to the Construction Manager Agreement under project RFQ-11-05
Traffic Operations Center, to
Stevens Construction, Inc.
(a local contractor), Contract No.
5696, for a Guaranteed Maximum Price (GMP) of $768,505.46 (includes CM Fee of
$48,798.99 or 7.43%), with a project completion time of 180 calendar days, with 96%
local vendors utilized.
2. Request the Board approve waiving the formal process (if needed) and authorize the use
of Direct Materials Purchase Order as provided for in the CM Agreement, which allows
the County to purchase directly from suppliers of equipment and/or materials as a cost/time
saving measure.
3. Approve Budget Resolution and Budget Transfers in the amounts of
$76,000.00
from
All Hazards Reserves and
$117,907.00
from Capital Improvement Fund Reserves to the
accordingly.
4. Authorize Chair to execute Addendum on behalf of the Board upon execution by the
Contractor.
(#20110862-
CONSTRUCTION AND DESIGN)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Center (TOC). Renovations include but are not limited to the mechanical and electrical
systems, video wall equipment and furniture. The new TOC will be able to monitor most
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
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RESOLUTION NO. 11-11-01
4. COUNTY COMMISSIONERS
No requests received.
5. COUNTY LANDS
A)
ACTION REQUESTED/PURPOSE:
A) Approve
Transit Station License Agreement
for acquisition of Parcel 132 (Phase 3,
B) Authorize payment of costs to close in the approximate amount of $75.00,and the
Division of County Lands to handle all documentation necessary to complete transaction.
(#20110872-
COUNTY LANDS)
FUNDING SOURCE:
by the Federal Transit Administration.
WHAT ACTION ACCOMPLISHES:
Acquisition of a site for the construction and operation of bus stop shelter facilities.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
B)
ACTION REQUESTED/PURPOSE:
A) Approve Grant of
Access License Agreement
for a 9,424 square foot parcel located on
County Solid Waste Facility;
B) Authorize the Chairman on behalf of the Board to execute the Access License
Agreement;
complete this transaction. (
#20110886-
COUNTY LANDS)
FUNDING SOURCE:
No funds required.
WHAT ACTION ACCOMPLISHES:
Grants license to utility company to install fiber optic lines for purpose of upgrading data
service to a County Facility.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
C)
ACTION REQUESTED/PURPOSE:
A) Approve Grant of
Access License Agreement
for a 1,902 square foot parcel located on
Agreement;
complete this transaction. (
#20110887-
COUNTY LANDS)
FUNDING SOURCE:
No funds required.
WHAT ACTION ACCOMPLISHES:
Grants license to a utility company to install fiber optic lines for the purpose of upgrading
data service to County Facility.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
6. HUMAN SERVICES
A)
ACTION REQUESTED/PURPOSE:
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BOOK - 2011R - B.O.C.C.------------------------------------
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(1) Approve FY 2011/2012 contracts for the
Partnering for Results
program in the amount
of $3,386,450.00 per the Review Panel funding recommendation as proposed in
completed by the community agencies.
unit rates and/or units purchased as necessary.
(3) Approve set aside of $230,000.00 for FY 2011/2012 contract with Early Learning
amendments once completed by the agency.
(4) Approve set aside of $270,000.00 for implementation of priority areas indicated in the
amendments once completed.
(#20110834-
HUMAN SERVICES)
FUNDING SOURCE:
General Fund.
WHAT ACTION ACCOMPLISHES:
MANAGEMENT RECOMMENDATION:
Approve.
PULLED FOR DISCUSSION
At the request of Commissioner Mann, Human Services Director Ann Arnall provided further clarification of the
request. Commissioner Mann informed he would attend the Legislative Delegation meeting next Tuesday to speak on
the adopted priorities in particular the Bob Janes Triage Center, and welcomed any Board member who wished to
attend. Commissioner Judah moved approval, seconded by Commissioner Manning, called and carried.
7. INDEPENDENT
A)
ACTION REQUESTED/PURPOSE:
Approve purchases of Maintenance, Repair and Operations (MRO) Products from Lowes
under Project No. N-110499. The County will receive a 5% discount on all of our
purchases. (
#20110881-
PROCUREMENT MANAGEMENT)
FUNDING SOURCE:
Various Departments. Purchases will be made based on available budgeted funds for the
specific department. Any purchases above $100,000.00 will be formally presented to the
Board for approval.
WHAT ACTION ACCOMPLISHES:
as-needed basis at a reduced price.
MANAGEMENT RECOMMENDATION:
Approve as stated.
PULLED FOR DISCUSSION
Procurement Management Manager Bob Franceschini reviewed the discounts offered by Home Depot, Lowes, and
other businesses, along with the benefits derived by the County. Following brief discussion, Commissioner Judah
moved approval, seconded by Commissioner Manning, called and carried.
8. NATURAL RESOURCES/SOLID WASTE
A)
ACTION REQUESTED/PURPOSE:
Execute
Joint Funding Agreement No. 12GGESMC0000109
with the U.S. Geological
Survey for Southwest Florida Water Resource Investigations for the period October 1,
2011 through September 30, 2012. The total project cost for the Cooperative Data
Collection Program is $162,833.00. The U.S. Geological Survey is providing $65,091.00,
(
#20110890-
NATURAL RESOURCES)
FUNDING SOURCE:
Fund – MSTU-Surface Water Management; Program – Surface Water Management;
Project – N/A.
WHAT ACTION ACCOMPLISHES:
Continue cooperative work with U.S. Geological Survey which provides critical data for
hydrologic modeling and assessment of flood conditions.
MANAGEMENT RECOMMENDATION:
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Staff recommends approval.
PULLED FOR DISCUSSION
Natural Resources Director Roland Ottolini clarified the request was for the Operating Budget for Storm Water
Unincorporated MSTU. Commissioner Judah moved approval, seconded by Commissioner Manning, called and
carried.
9. PARKS AND RECREATION
A)
ACTION REQUESTED/PURPOSE:
Conservation 20/20 preserve, in the amount of $10,538.00. Approve Budget Amendment
in the amount of $10,538.00. (
#20110852-
PARKS AND RECREATION)
FUNDING SOURCE:
Fund - Capital Improvement-Environmentally Sensitive Land; Program - Parks and
WHAT ACTION ACCOMPLISHES:
Preserve, a Conservation 20/20 preserve.
MANAGEMENT RECOMMENDATION:
Approve.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
Consent Agenda Item 9(a) should be deferred for one (1) week to allow for further review. Commissioner Manning
moved approval, seconded by Commissioner Hall, called and carried.
10. PUBLIC SAFETY
No requests received.
11. PUBLIC WORKS ADMINISTRATION
No requests received.
12. TRANSPORTATION
No requests received.
13. UTILITIES
A)
ACTION REQUESTED/PURPOSE:
Developer Contributed Asset - Passamondi Building (BS 20110814/20317, MMM/SDG):
Approve final acceptance, by Resolution, as a donation of one force main connection to
provide sanitary sewer service to Passamondi Building, an existing commercial building.
approximately 200 feet north of Constitution Circle. (
#20110814-
UTILITIES)
FUNDING SOURCE:
No funds required.
WHAT ACTION ACCOMPLISHES:
MANAGEMENT RECOMMENDATION:
Approval.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried.
RESOLUTION NO. 11-11-02
14. COUNTY ATTORNEY
No requests received.
15. HEARING EXAMINER
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No requests received.
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 October 17 through October 21, 2011:
October 18, 2011 (Regular) October 19, 2011 (Comp Plan).
(
#20110894-
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.
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. (
#20110900-
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.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
No requests received.
ADMINISTRATIVE AGENDA
1. COUNTY ADMINISTRATION
A)
ACTION REQUESTED/PURPOSE:
Approve resolution that authorizes issuance of a
for up to
$31,000,000.00 for the Transportation Facilities Refunding Revenue Bonds, Series 2011
which refinances the Transportation Facilities Refunding Revenue Bonds, Series 2001A
for savings with a bank loan and approve budget amendment resolutions and
transfers
of
funds to reflect this transaction. (
#20110884-
COUNTY MANAGER)
FUNDING SOURCE:
WHAT ACTION ACCOMPLISHES:
Allows for the issuance of a bank loan to refinance the Transportation Facilities Refunding
Revenue Bonds, Series 2001A for savings estimated (subject to closing date) to be over
$3.6 million over six years.
MANAGEMENT RECOMMENDATION:
Transportation Facilities Refunding Revenue Bonds, Series 2001A with a bank loan for
savings.
At the request of Chairman Mann, Assistant County Manager Pete Winton and Dunlap & Associates Financial
Adviser Kelly Ryman clarified the request, noted the refinancing would provide a better interest rate, and noted an
estimated savings of $3.6 million over six years. Commissioner Judah moved approval, seconded by Commissioner
Mann for discussion. Following Board discussion, the motion was called and carried, with Commissioner Manning
dissenting.
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RESOLUTION NOS.
11-11-03, 11-11-04
AND
11-11-05
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
No requests received.
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
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No requests received.
9:30 AM PUBLIC HEARING
1. ACTION REQUESTED/PURPOSE:
Commission Districts in response to the year 2010 Census population data.
(
#20110803-
COMMUNITY DEVELOPMENT)
FUNDING SOURCE
N/A.
WHAT ACTION ACCOMPLISHES
Complies with Florida Constitutional requirement that the Commissioners divide the county into
districts of contiguous territory as nearly equal in population as possible after each decennial
census. Establishes the revised configuration of the County Commission Districts.
MANAGEMENT RECOMMENDATION
Approve.
After noting that this item was deferred from the October 11, 2011 Regular Board Meeting, Chairman Mann called for
public comment and the following concerned citizens came forward:
ECCL Vice-Chair Beverly MacNellis
Board discussion ensued with Chief Assistant County Attorney Donna Marie Collins, County Attorney Michael Hunt,
and Division of Planning Principal Planner Rick Burris confirming November 15, 2011 to be the last date for re-
districting. Commissioner Bigelow moved to defer for two weeks to November 15 at 9:30 a.m., seconded by
Commissioner Mann for discussion. The motion failed with Commissioners Hall, Judah and Manning dissenting.
Commissioner Judah moved Alternative 9, seconded by Commissioner Manning. Responding to Commissioner
Bigelow’s comments, Mr. Burris clarified that Alternative 9 has been included in a Memorandum to the Board dated
October 26, 2011 (copy on file in the Minutes office) and was posted in the website on October 27, 2011. After Mr.
Hunt clarified that Alternative 9 was sufficient and met Federal, State and Local laws, the motion was called and
carried, with Commissioners Mann and Bigelow voting nay.
RESOLUTION NO. 11-11-06
WALK-ON ITEM NO. 1
1. ACTION REQUESTED/PURPOSE:
Tentatively Approve the new
Service Agreement
mobile and portable radios in the amount of $520,272.00 annually for a period of three (3) years, effective
October 1, 2011 to September 30, 2014. (
#20110857-
PUBLIC SAFETY)
FUNDING SOURCE:
Government Communications Network (GCN).
WHAT ACTION ACCOMPLISHES:
Provides the Public Safety Division continued maintenance services for the 800 MHz Trunked Radio System.
MANAGEMENT RECOMMENDATION:
Staff recommends approval.
REASON FOR WALK ON:
These are maintenance agreements covering service for the County’s Emergency Radio System. Last year’s
agreements ended on September 30 2011. As a result, these agreements are time sensitive and need to be
considered by the Board as soon as possible so that current user requests for maintenance service can be
carried out.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
The word “tentatively” should be removed from Walk-on Items 1 and 2. Commissioner Manning moved approval,
seconded by Commissioner Hall, called and carried.
Commissioner Manning moved approval, seconded by Commissioner Hall, called and carried, with Commissioner
Mann dissenting.
WALK-ON ITEM NO. 2
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2. ACTION REQUESTED/PURPOSE:
Tentatively Approve the new
Service Agreement
mobile and portable radios in the amount of $520,272.00 annually for a period of three (3) years, effective
October 1, 2011 to September 30, 2014. (
#20110858-
PUBLIC SAFETY)
FUNDING SOURCE:
Government Communications Network (GCN).
WHAT ACTION ACCOMPLISHES:
Provides the Public Safety Division continued maintenance services for the 800 MHz Trunked Radio System.
MANAGEMENT RECOMMENDATION:
Staff recommends approval.
REASON FOR WALK ON:
These are maintenance agreements covering service for the County’s Emergency Radio System. Last year’s
agreements ended on September 30 2011. As a result, these agreements are time sensitive and need to be
considered by the Board as soon as possible so that current user requests for maintenance service can be
carried out.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
The word “tentatively” should be removed from Walk-on Items 1 and 2. Commissioner Manning moved approval,
seconded by Commissioner Hall, called and carried.
Commissioner Hall moved approval, seconded by Commissioner Manning, called and carried, with Commissioner
Mann dissenting.
WALK-ON ITEM NO. 3
3. ACTION REQUESTED/PURPOSE:
Approve and execute: 1) Resolution and West Coast Inland Navigation District (WCIND) application
requesting $1,500,000.00 in funding from WCIND Countywide Navigation Improvement Fund; 2)
Agreement
(
#20110918-
NATURAL RESOURCES)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Requests funding from WCIND. Approves agreement between the West Coast Inland Navigation District and
MANAGEMENT RECOMMENDATION:
Approve.
REASON FOR WALK ON:
Item needs to be approved by the County Commission on 11/1/11 in order to be considered by WCIND at their
Board meeting of November 4, 2011. The WCIND Board does not meet again until January, 2012 which
would cause an unacceptable delay and potentially jeopardize the project.
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried.
RESOLUTION NO.
11-11-07
WALK-ON ITEM NO. 4
4. ACTION REQUESTED/PURPOSE:
Approve an agreement with
Strategic Materials, Inc.
will deliver mixed broken glass cullet to Strategic for recycling. Additionally, as included in the agreement,
authorize the Solid Waste Division to back-haul residue from Strategic’s processing facility in Sarasota and
dispose such residue at the waste to energy facility. The term shall be for a period from the date of approval
by the BoCC until midnight of September 30, 2019. (
#20110916-
SOLID WASTE)
FUNDING SOURCE:
No additional funds required at this time.
WHAT ACTION ACCOMPLISHES:
Provides the Solid Waste Division with an outlet for its recycled glass cullet through September 30, 2019.
Allows the Division to accept and transport Strategic’s residue to the WTE facility.
MANAGEMENT RECOMMENDATION:
Approve.
REASON FOR WALK ON:
This item is time critical relative to receiving revenue and reducing expenses.
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Commissioner Manning moved approval, seconded by Commissioner Hall. In response to questions by
COMMISSIONER ITEMS
EARLY VOTING – Commissioner Hall reminded everyone that early voting had started for Municipal
Elections, with Election Day next week.
and Bicycle/Pedestrian Committee member Joe Beck for promoting a 3-feetplease sticker furnished by Harvey
Software, Inc.(copy on file in the Minutes office) to provide awareness of safety when passing bicycles.
Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried.
SOLID WASTE ADMINISTRATION – Commissioner Judah extended congratulations to the Solid
SUSTAINABILITY CONFERENCE – Commissioner Judah noted that the Sustainability Conference
County Coalition. The Board concurred to bring this back to the Board at a Management & Planning meeting for
discussion. At the request of Commissioner Bigelow the Board agreed to add discussion on the Liaison appointments
as well.
Orlando, and noted that legislation approved several years ago regarding early cost recovery for a power plant for
Florida Power & Light (FPL) was still in effect. Following further comments regarding the costs and safety,
Chairman Mann called for a motion. Commissioner Judah moved to request the Board direct Administration to
review the facts and bring back an objective analysis, the motion died for the lack of a second. Commissioner Judah
noted that all utility rate payers would continue to pay monthly bills to FPL for a Nuclear Power Plant that was never
permitted and will retain all monies collected.
correspondence was received from the Bonita Fire District offering to pay one half of the Special Master Process.
COMMITTEE APPOINTMENTS
Chairman Mann requested a motion to appoint BJ Brundage to the
WORKFORCE DEVELOPMENT BOARD.
Commissioner Manning moved approval, seconded by Commissioner
Hall, called and carried.
HUMAN SERVICES COMMITTEE,
seconded by Commissioner Hall, called and carried; and to rescind the reappointment of Jarret Eady from the
BLACK AFFAIRS ADVISORY BOARD
seconded by Commissioner Hall, called and carried.
CONSTRUCTION LICENSING
BOARD,
appoint Bernard Lamach to the
WHISKEY CREEK MSTU
, and reappoint Vilmar Ribeiro to the
BLACK AFFAIRS ADVISORY BOARD (
RESOLUTION NO.11-11-08)
, seconded by Commissioner Judah, called
and carried.
COUNTY MANAGER ITEMS
COUNTY ATTORNEY ITEMS
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The Chairwoman adjourned the meeting at 11:25 a.m.
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