District #1                            District #2                                District #3                                District #4                                    District #5

John E. Manning                 Cecil L Pendergrass                 Larry Kiker Tammy Hall                                 Frank Mann

                                                Chair                                          Vice Chair

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Doug Meurer Andrea R. Fraser

Interim County Manager                                                                                                                               Interim County Attorney

	April 02, 2013

If you plan to address the Board, please complete a blue “Request for Comment” card (located on the table outside the Chamber entrance) or you can submit your comment electronically by clicking here.

Completed cards should be returned to the Staff table at the right of the podium prior to the start of the meeting.

All back up for this agenda is available on the Internet at http://www.lee-county.com. Additional information is available in the Public Resources Office, 1^st Floor, Administration Building, 2115 Second St., Fort Myers, FL

PLEASE NOTE:  The Board may take action in its capacity as the Port Authority or Government Leasing Corporation.

COMMISSION CHAMBERS, 2120 MAIN STREET, FORT MYERS, FLORIDA

9:30 AM

Invocation:         

Invocation:  Pastor John Daugherty, First Baptist Church of Florida

Pledge of Allegiance 

Recap

Public Comment on the Consent and Administrative Agenda

                        Consent Agenda

· Items to be pulled for discussion by the Board

· Motion to approve balance of items

· Consideration of items pulled for discussion

Administrative Agenda

Walk-ons and Carry-overs

            Commissioners' Items/Committee Appointments

County Manager Items

County Attorney Items

Adjourn

CONSENT AGENDA

1.	COUNTY ADMINISTRATION

2.	COMMUNITY DEVELOPMENT

3.	CONSTRUCTION AND DESIGN

4.	COUNTY COMMISSIONERS

5.	COUNTY LANDS

6.	HUMAN SERVICES

7.	INDEPENDENT

A)	ACTION REQUESTED/PURPOSE:
	(1) Authorize the execution of Service Provider Agreements with subrecipients of LeeTran's Job Access Reverse Grant FL-37-X045; (2) Authorize LeeTran staff to manage the agreements, including termination and reallocation of funds; (3) Authorize staff to purchase four vehicles from state contracts in the amount not to exceed $113,200.00 (4) Approve a budget amendment resolution in the amount of $238,472.00. (#20130245-TRANSIT)
	FUNDING SOURCE:
	Fund - Federal Grant through Transit Capital Grant Fund; Program - USC 5316 Job Access Reverse Commute (JARC); Project - Service provider agreements with subrecipients of the grant.
	WHAT ACTION ACCOMPLISHES:
	Allows LeeTran to provide funding to community-based agencies that provide transportation services in accordance with the Job Access Reverse Commute program.
	MANAGEMENT RECOMMENDATION:
	Approve.

B)	ACTION REQUESTED/PURPOSE:
	(1) Authorize the execution of Service Provider Agreements with subrecipients of LeeTran's New Freedom Grant FL-57-X019; (2) Authorize LeeTran staff to manage the agreement, including termination and reallocation of funds; and (3) Approve a budget amendment resolution in the amount of $40,000.00. (#20130246-TRANSIT)
	FUNDING SOURCE:
	Fund - Federal Grant through Transit Capital Grant Fund; Program - USC 5317 New Freedom Grant; Project - Service provider agreement with Dr. Piper Center as subrecipient of grant.
	WHAT ACTION ACCOMPLISHES:
	Allows LeeTran to provide funding to community-based agencies that provide transportation services in accordance with the Job Access Reverse Commute program.
	MANAGEMENT RECOMMENDATION:
	Approve.

C)	ACTION REQUESTED/PURPOSE:
	(1) Authorize the execution of an Interlocal Agreement with the City of Cape Coral as a subrecipient of LeeTran's Job Access Reverse (JARC) Grant FL-37-X045; (2) Authorize the purchase of one Paratransit-type vehicle from state contracts in an amount not to exceed $71,000; (3) Approve a budget amendment resolution in the amount of $71,000. (#20130247-TRANSIT)
	FUNDING SOURCE:
	Fund - Federal Grant through Transit Capital Grant Fund; Program - USC 5316 Job Access Reverse Commute (JARC); Project - Interlocal agreement with the City of Cape Coral as a subrecipient of the grant.
	WHAT ACTION ACCOMPLISHES:
	Provides an agreement between the City of Cape Coral and Lee County to allow LeeTran to provide assistance to the Cape Coral MiniBus service through the JARC program.
	MANAGEMENT RECOMMENDATION:
	Approve.

8.	NATURAL RESOURCES/SOLID WASTE

9.	PARKS AND RECREATION

10.	PUBLIC SAFETY

11.	PUBLIC WORKS ADMINISTRATION

12.	TRANSPORTATION

A)	ACTION REQUESTED/PURPOSE:
	A)  Approve the award of Project # PB130293, the piggyback of the Florida Sheriff's Association bid for the purchase of two new 2013 John Deere Model 6115 tractors with 25'' Alamo Machete slope mowers for DOT - Operations from Alamo Industrial at the price of $123,550 each (total for two:  $247,100). B)  Approve the award of Project # N-130292, the purchase of one new 2012 John Deere Model 6430 tractor with a 25'' Alamo Machete slope mower for DOT - Operations from Alamo Industrial at the negotiated price of $106,841.20.  (This is a new model year 2012 tractor the price of which was negotiated using the 2012 Sheriff contract as a pricing baseline, and reflects a savings of $16,708.80 over the purchase of a 2013 model). C)  Approve a grand total expenditure of $353.941.20 for the three tractor/mower packages. (#20130224-TRANSPORTATION)
	FUNDING SOURCE:
	Vehicle Replacement Fund, Untitled Equipment ($300,000) and Fund – Transportation Trust; Program – DOT Operations – Roadway; Project – Vehicle Purchase ($53,941.20). Funds are available in the FY 2012/13 Budget.
	WHAT ACTION ACCOMPLISHES:
	Provides DOT with three new reliable slope mowers that will be used to maintain County roadways.
	MANAGEMENT RECOMMENDATION:
	Approve.

B)	ACTION REQUESTED/PURPOSE:
	A) Award B-130227 COLONIAL BLVD AND FOWLER STREET INTERSECTION IMPROVEMENTS to the  lowest responsive, responsible bidder meeting all bid requirements, Bonness, Inc. (a local contractor), in the amount not-to-exceed $ 156,089.00 with a project completion time of 120 days. B) Authorize Chair to execute contracts on behalf of the Board. C) Grant the Lee County DOT Director the discretion to approve expenditures for contingencies and other incidental project costs in the amount of $15,608.90. (#20130264-TRANSPORTATION)
	FUNDING SOURCE:
	Fund – Transportation Trust; Program – Major Maintenance; Project – Master Signal (Major Intersections) This project was anticipated and funds are available in the FY 2012/13 Major Maintenance Budget.
	WHAT ACTION ACCOMPLISHES:
	Provides a contractor to correct Americans with Disabilities Act (ADA) deficiencies and construct changes to modify the turning movements at Colonial Boulevard and Fowler Street to improve safety for pedestrians.
	MANAGEMENT RECOMMENDATION:
	Approve.

13.

UTILITIES

A)	ACTION REQUESTED/PURPOSE:
	A) Approve Change Order No. 1 to project RFP-12-05 NORTH LEE COUNTY WTP, (NLC WTP), WELLFIELD EXPANSION - PHASE 2B: RAW WATER PIPELINE AND WELL HEAD FACILITIES, to Mitchell & Stark Construction, Inc., Contract No. 6072, in the amount of $221,610.79 with an additional contract time of 105 days. B) Authorize Chair to execute Change Order on behalf of the Board. (#20130260-UTILITIES)
	FUNDING SOURCE:
	Fund: Utilities Capital Improvements; Program: Capital Projects:  Project: North Lee County RO Wellfield Expansion.  This project was initially funded in the Fiscal Year ‘07/08 CIP Budget and funds have been allocated and/or carried over in different years due to the project being constructed in phases.  Funding is included in the FY 12/13 CIP.
	WHAT ACTION ACCOMPLISHES:
	Authorizes additional work to the contractor to facilitate the electrical services for Wells 13A and 15 in order to achieve cost savings.  Also authorizes contractor to furnish and install a portion of the electrical components, pipeline and fittings in preparation for a replacement well site (PW-19); and, allows the County to avoid future costs associated with the modification of wellhead facilities that are currently under construction, which will be impacted by the replacement well site and final phase of this project.
	MANAGEMENT RECOMMENDATION:
	Approve.

B)	ACTION REQUESTED/PURPOSE:
	A)  Approve negotiation N-130329, an annual contract for the purchase of maintenance, hardware, software and software upgrades, and software/hardware support for Lee County Utilities from CenturyLink (a local vendor) to upgrade of its controls network system and achieve compliance with Homeland Security requirements. B)  Authorize expenditures as indicated in the proposed contract for the following:      (1)      The one-time expenditure of $122,880 for the required network hardware and installation, training, and project management of a multi-site network.      (2)      The annual expenditure of $37,383.75 for hardware maintenance for 36 months.      (3)      The annual expenditure of $176,328 for Ethernet network connection fees for 60 months. C)   Authorize the Chair to execute the contract. (#20130277-UTILITIES)
	FUNDING SOURCE:
	Fund – Lee County Utilities Operations; Programs –Water Treatment Plants, Wastewater Treatment Plants, Wastewater Collection, Instrumentation/Electrical Maintenance; Project – Telecommunications.
	WHAT ACTION ACCOMPLISHES:
	Enables Utilities to come into compliance Homeland Security Directives and recommendations concerning the identification of drinking water and water treatment facilities as critical infrastructures.
	MANAGEMENT RECOMMENDATION:
	Approve.

14.	COUNTY ATTORNEY

A)	ACTION REQUESTED/PURPOSE:
	Direct the proposed Ordinance to public hearing on April 23, 2013 to adopt an Ordinance authorizing the Operation of Golf Carts on certain Pine Island Roads. (#20130268-COUNTY ATTORNEY)
	FUNDING SOURCE:
	Fund – Transportation Trust; Program – DOT Traffic – Signs & Markings Section; Project – Sign Placement and Maintenance.  DOT did not plan on implementing this Ordinance when developing the FY 2012/13 budget so funds were not specifically programmed.
	WHAT ACTION ACCOMPLISHES:
	Satisfies the Board policy to hold a public hearing to adopt an Ordinance.   If adopted, the Ordinance will permit the operation of Golf Carts on specific County roads on Pine Island.
	MANAGEMENT RECOMMENDATION:
	Approve.

15.	HEARING EXAMINER

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 March 18 thru March 22, 2013:  March 18, 2013 (Zoning), March 18, 2013 (Budget Workshop), March 19, 2013 (Regular Meeting). (#20130278-MINUTES)
	FUNDING SOURCE:
	N/A.
	WHAT ACTION ACCOMPLISHES:
	Approval of the Board Minutes, pursuant to Florida Statute 286.011.
	MANAGEMENT RECOMMENDATION:
	Approve.

B)	ACTION REQUESTED/PURPOSE:
	Request Board approves disbursements. The check and wire registers can now be viewed on the Clerk's website, www.leeclerk.org by accessing the BoCC Minutes and Documents link. (#20130279-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).

17.	PORT AUTHORITY AND OTHER GOVERNING BOARDS

ADMINISTRATIVE AGENDA

1.	COUNTY ADMINISTRATION

2.	COMMUNITY DEVELOPMENT

3.	CONSTRUCTION AND DESIGN

4.	COUNTY COMMISSIONERS

5.	COUNTY LANDS

6.	HUMAN SERVICES

7.	INDEPENDENT

8.	NATURAL RESOURCES/SOLID WASTE

9.	PARKS AND RECREATION

10.	PUBLIC SAFETY

11.	PUBLIC WORKS ADMINISTRATION

12.	TRANSPORTATION

A)	ACTION REQUESTED/PURPOSE:
	Consider approval of the attached development agreement to allow the removal of 20 trees from the north side of the Daniels Parkway right-of-way around Apaloosa Lane, along with associated understory removal and tree trimming, to improve visibility by westbound motorists of the Bella Villa Shops commercial center.  The agreement also includes a proposal to plant 80 trees (4 to 1 ratio) along the Daniels Parkway and Six Mile Cypress/Ben C. Pratt Parkway bike paths to offset the tree removals. (#20130266-TRANSPORTATION)
	FUNDING SOURCE:
	All removal, trimming, and planting activities would be 100% paid for by the owner of the Bella Villa Shops.  Once the 80 newly-planted trees survive past the one-year maintenance period and are accepted by the County, they will be the responsibility of Lee County DOT to maintain, through its operating budget.
	WHAT ACTION ACCOMPLISHES:
	Would allow for one-time, limited tree and understory removal and trimming from the right-of-way of Daniels Parkway, in recognition of this unique situation, in exchange for the planting of replacement trees at a four-to-one ratio in a manner that would benefit the users of the bike paths along Daniels Parkway and Six Mile Cypress/Ben C. Pratt Parkway.
	MANAGEMENT RECOMMENDATION:
	County staff has previously recommended against approval of this request back in the summer of 2012. However, since that time, the Property Owner has worked with Lee County Staff on developing a detailed planting plan for the 80 trees and developing a Landscaping Agreement.  The Board will need to decide whether there is sufficient public benefit in recognizing the unique vegetative circumstances around this commercial center and in the proposed four-to-one replacement plan to warrant approval of the request to remove some trees to improve the center’s visibility.

13.

UTILITIES

14.	COUNTY ATTORNEY

A)	ACTION REQUESTED/PURPOSE:
	Approve the Resolution of Necessity for the acquisition and condemnation of Parcels 173, 173-WPE/AE/UE, 173-WPE, 173-AE/UE, 173-UE, and 173-TCE required for the North Lee County Water Treatment Plant Well Field Expansion, Project No. 7602. (#20130227-COUNTY ATTORNEY)
	FUNDING SOURCE:
	N/A.
	WHAT ACTION ACCOMPLISHES:
	Allows the County to proceed with condemnation, if required, so Parcels 173, 173-WPE/AE/UE, 173-WPE, 173-AE/UE, 173-UE, and 173-TCE can be acquired for the expansion of the North Lee County Water Treatment Plant well field.
	MANAGEMENT RECOMMENDATION:
	Approve.

15.	HEARING EXAMINER

16.	CONSTITUTIONAL OFFICERS

17.	PORT AUTHORITY AND OTHER GOVERNING BOARDS

WALK ON AGENDA

1.	ACTION REQUESTED/PURPOSE: Consider settlement proposal in the eminent domain case of Lee County v. Emil Weiman, Inc. and Lee County Tax Collector, Case No. 09CA-5705 for $95,000.00 for Burnt Store Road Project, parcel 129, excluding attorney's fees and costs. (#20130288-COUNTY ATTORNEY)
	FUNDING SOURCE:
	Fund:  Road Impact Fees; Program:  Capital Improvement Projects; Project:  Burnt Store Road Widening.
	WHAT ACTION ACCOMPLISHES:
	Settles the case, removes it from the trial docket.
	MANAGEMENT RECOMMENDATION:
	None.
	REASON FOR WALK ON:
	Necessary due to time sensitivity.