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

John E. Manning                 Cecil L Pendergrass                 Larry Kiker                               Brian Hamman                           Frank Mann

                                                Chair                                          Vice Chair


Roger Desjarlais                                                                                                                               Richard Wm. Wesch

County Manager                                                                                                                                                         County Attorney

November 19, 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. 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 Clint Cottrell, Cypress Lake Presbyterian Church

 

Pledge of Allegiance

 

Annual Reorganization of the Board

 

Recap

 

Public Comment on Agenda Items

 

                                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

 

Public Hearings

 

Walk-ons and Carry-overs

 

                Commissioners' Items/Committee Appointments

 

County Manager Items

 

County Attorney Items

 

Public Presentation of Matters by Citizens

 

Adjourn


9:30 AM CEREMONIAL PRESENTATION

           

1.

Annual Reorganization of the Board of County Commissioners. (#20130933-PUBLIC RESOURCES)

 


 

CONSENT AGENDA

 

1.

COUNTY ADMINISTRATION

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Present to the Board for information and filing the Object Code #504015 Expenditure Detail Report for the fourth quarter of FY12-13 (July through September 2013) as required by Lee County Ordinance #90-18.  (#20130911-COUNTY MANAGER)

 

FUNDING SOURCE:

 

Combination of County Administration, County Commissioners, Hearing Examiner, Public Resources, Public Safety, Sustainability, Transit, and VCB.

 

WHAT ACTION ACCOMPLISHES:

 

Allows Board to monitor expenditures being made by County Departments and Divisions to this object code.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

2.

COMMUNITY DEVELOPMENT

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Accept the 2013 annual Concurrency Report. (#20130882-COMMUNITY DEVELOPMENT)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Reports on the adequacy of infrastructure for solid waste, surface water management, water, sewer, parks, schools and roads as new growth occurs.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Direct three Board of County Commission sponsored amendments to the Lee County Comprehensive Plan, the Lee Plan. Amendments will include irrigation well overlay, wellfield protection, and Capital Improvements Program. (#20130964-COMMUNITY DEVELOPMENT)

 

FUNDING SOURCE:

 

No funds required.

 

WHAT ACTION ACCOMPLISHES:

 

Authorizes staff to begin their analysis and prepare staff report for later public hearings.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

3.

CONSTRUCTION AND DESIGN

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A) Approve the amended and corrected Bills of Sale between Lee County and Florida Governmental Utility Authority (FGUA) applicable to the turnover of potable water and wastewater facilities serving the Veterans Community Park, Phase IV Improvements.    

B) Authorize the Chair to execute the documents. (#20130929-CONSTRUCTION AND DESIGN)

 

FUNDING SOURCE:

 

No funding required.

 

WHAT ACTION ACCOMPLISHES:

 

Amends the previously approved Bill of Sale for the water meter facilitates turned over to FGUA to: (1) reflect the correct legal description of the property encompassing the infrastructure being conveyed; and (2) correct the list of equipment included in the Bill of Sale to eliminate reference to the 8” double detector check valve and 2” dual check valve assembly, which is being retained by Lee County.  Amends the  previously approved Bill of Sale for the wastewater facilitates turn over to FGUA to (1) reflect the correct legal description of the property encompassing the infrastructure being conveyed; and , (2) correct the list of equipment included in the Bill of Sale to eliminate reference to the  2” HDPE DR11, which is being retained by Lee County. 

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

With respect to CN-09-18 DESIGN FOR THE FORT MYERS - LEE COUNTY PUBLIC LIBRARY, Contract No. 5200 to BSSW Architects Inc.:

A) Approve Change Order No. 5 in the amount of $19,650.00 for additional design services related to Library Space that will encompass the proposed café.

B)  Approve Change Order No. 6 in the mount of $18,000.00 for additional construction administration services beyond the original scope of work.

C) Authorize Chair to execute Change Orders No. 5 and No. 6 on behalf of the Board.

(#20130930-CONSTRUCTION AND DESIGN)

 

FUNDING SOURCE:

 

Fund – Library Construction; Program – Capital Project; Project – Fort Myers Library.

 

WHAT ACTION ACCOMPLISHES:

 

Provide continued architectural design, multi-disciplinary engineering design and construction administration services for the new Fort Myers – Lee County Public Library, to be located within the City of Fort Myers, Florida. Change Order 5 provides for design services to facilitate a proposed café space within the Library; Change Order 6 is necessary to cover the construction administration costs associated with the additional design and time necessary to complete the work.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

3.

CONSTRUCTION AND DESIGN

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

A)            Approve Change Order No. 4 to project CN-10-17 DESIGN OF THE LEE TRAN ADMINISTRATION, OPERATIONS & MAINTENANCE FACILITY, to AECOM Technical Services Inc., Contract No. 5637 in the lump sum amount of $34,764.00 for additional OAC (owner/architect/contractor) meetings and design services related to IP intercom speaker system.

B)            Authorize Chair to execute Change Order No. 4 on behalf of the Board.

(#20130931-CONSTRUCTION AND DESIGN)

 

FUNDING SOURCE:

 

Fund – Lee County Transit-Capital Grant; Program – Capital Improvement Program; Project – Lee Transit Operations and Maintenance Facility.

 

WHAT ACTION ACCOMPLISHES:

 

Provides continued Civil, Landscaping, Structural, Mechanical, Plumbing, Electrical & Fire Protection Engineering Services and a Transit Maintenance Design consultant for the design of the Proposed Lee Tran Facility. Approval of Change Order No. 4 is necessary to include additional services from AECOM related to routing and placement of intercom speakers and cable.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

D)

ACTION REQUESTED/PURPOSE:

 

 

A)            Approve Change Order No. 3 under project CN-11-02 VETERAN''S PARK PHASE FOUR, to David M. Jones Jr. & Associates, Inc., Contract No. 5660, in the amount of $1,000.00 for preparation of a legal description and sketch necessary to transfer a wastewater line easement to FGUA in conjunction with the provision of services to the Veteran's Park.

B)            Authorize Chair to execute Change Order No. 3 on behalf of the Board.

(#20130932-CONSTRUCTION AND DESIGN)

 

FUNDING SOURCE:

 

Fund – Lehigh Community Park Impact Fees; Program –Parks Capital Project; Project – Lehigh Park Acquisition and Improvements.

 

WHAT ACTION ACCOMPLISHES:

 

Provides the legal description and sketch necessary to transfer a wastewater line easement to FGUA as a condition of obtaining services for the benefit of Veteran’s Park.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

4.

COUNTY COMMISSIONERS

 

5.

COUNTY LANDS

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A) Approve Purchase Agreement for acquisition of a 23,161 square foot parcel located at 210 and 211 Homestead Road identified as Parcel 103, Homestead Road Widening Project No. 5063 in the amount of $10,000.

B) Authorize the Chairman on behalf of the Board to execute the Purchase Agreement;

C) Authorize the payment of necessary costs and fees to close;

D) Authorize County Lands Staff to execute and accept all documentation necessary to complete this transaction. (#20130610-COUNTY LANDS)

 

FUNDING SOURCE:

 

Fund: Road Impact Fees - Central District; Program: Capital Projects; Project: Homestead Road Widening Project No. 5063.  Funds are included in the FY 12/13 budget.

 

WHAT ACTION ACCOMPLISHES:

 

Acquires a necessary parcel without using eminent domain.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

5.

COUNTY LANDS (Continued)

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

A) Approve Purchase Agreement for acquisition of a 217 square foot parcel located at 25 Arizona Road identified as Parcel 126, Homestead Road Widening Project No. 5063 in the amount of $500.

B) Authorize the Chairman on behalf of the Board to execute the Purchase Agreement;

C) Authorize the payment of necessary costs and fees to close;

D) Authorize County Lands Staff to execute and accept all documentation necessary to complete this transaction. (#20130619-COUNTY LANDS)

 

FUNDING SOURCE:

 

Fund: Road Impact Fees - Central District; Program: Capital Projects; Project: Homestead Road Widening Project No. 5063.  Funds are included in the FY 12/13 budget.

 

WHAT ACTION ACCOMPLISHES:

 

Acquires a necessary parcel without using eminent domain.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

A) Accept  Parcels 103-TCE (Access/Construction Easement Agreement) and 103-CCME (Perpetual Creek and Crossing Maintenance Easement), located at 7011 Slater Pines Drive, for the Culvert Replacement Project No. 8596;

B) Authorize the Chair on behalf of the Board to execute the Access/Construction Easement Agreement;

C) Authorize the payment of necessary costs and fees to close;

D) Authorize County Lands staff to execute and accept all documentation necessary to complete this transaction. (#20130918-COUNTY LANDS)

 

FUNDING SOURCE:

 

Fund: CIP; Program: Water Resources Projects; Project: Culvert Replacements and will be available upon approval of FY 12/13 Carryovers.

 

WHAT ACTION ACCOMPLISHES:

 

Gives County right to enter property for the purpose of improving and maintaining flows in Daughtrey’s Creek.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

D)

ACTION REQUESTED/PURPOSE:

 

 

A) Approve and execute a Corrective Utility Easement to Florida Governmental Utility Authority on County-owned property located at 45 Homestead Road South, in Lehigh Acres, known as Veterans Community Park, and further identified as STRAP No. 05-45-27-00-00003.0010;  

B) Approve and execute a Utility Easement to Florida Governmental Utility Authority on County-owned property located at 45 Homestead Road South,  in Lehigh Acres, known as Veterans Community Park, and further identified as STRAP No. 05-45-27-00-00003.0010; 

C) Authorize the payment of recording fees;

D) Authorize the Division of County Lands to handle and accept all documentation to complete this transaction. (#20130921-COUNTY LANDS)

 

FUNDING SOURCE:

 

Fund: Capital Improvement Fund; Program: Parks Projects; Project: Lehigh Park Acquisition and Improvements – Veterans Park Phase IV.  Funds for this project will be included in the FY 12/13 CIP carryovers blue sheet.

 

WHAT ACTION ACCOMPLISHES:

 

Provides easements to supply utility services to Veterans Community Park in Lehigh Acres.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

5.

COUNTY LANDS (Continued)

 

 

E)

ACTION REQUESTED/PURPOSE:

 

 

A) Approve and execute a utility easement to Florida Power & Light Company on County-owned property located at 14100-112 Ben C. Pratt Six Mile Cypress Parkway, known as the Lee County Sports Complex, and further identified as STRAP No. 30-45-25-00-00004.0010;  

B) Authorize the payment of recording fees;

C) Authorize the Division of County Lands to handle and accept all documentation to complete this transaction. (#20130922-COUNTY LANDS)

 

FUNDING SOURCE:

 

Fund: Tourist Development Tax Revenue Bonds 2013; Program: Capital Project; Project: Twins Spring Training Facility Improvement.  Funds for this project will be included in the FY 12/13 CIP carryover blue sheet.

 

WHAT ACTION ACCOMPLISHES:

 

Provides a utility easement to supply electric service for proposed improvements at the Lee County Sports Complex.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

F)

ACTION REQUESTED/PURPOSE:

 

 

A) Accept  Parcels 105-TCE (Access/Construction Easement Agreement) and 105-CCME (Perpetual Creek and Crossing Maintenance Easement),  located at 7041 Slater Pines Drive, for the Culvert Replacement Project No. 8596;

B) Authorize the Chair on behalf of the Board to execute the Access/Construction Easement Agreement;

C) Authorize the payment of necessary costs and fees to close;

D) Authorize County Lands staff to execute and accept all documentation necessary to complete this transaction. (#20130923-COUNTY LANDS)

 

FUNDING SOURCE:

 

Fund: CIP; Program: Water Resources Projects; Project: Culvert Replacements and will be available upon approval of FY 12/13 Carryovers.

 

WHAT ACTION ACCOMPLISHES:

 

Gives County right to enter property for the purpose of improving and maintaining flows in Daughtrey’s Creek.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

G)

ACTION REQUESTED/PURPOSE:

 

 

A) Accept  Parcels 100-TCE (Temporary Construction Easement Agreement) and 100-PUE (Perpetual Utility Easement),  located in Stoneybrook, off Corkscrew Road in Estero, for the Pinewoods Wellfield Electrical Improvements Project No. 7607;

B) Authorize the Chair on behalf of the Board to execute the Temporary Construction Easement Agreement;

C) Authorize the payment of necessary costs and fees to close;

D) Authorize County Lands staff to execute and accept all documentation necessary to complete this transaction. (#20130924-COUNTY LANDS)

 

FUNDING SOURCE:

 

Fund: Utilities Capital Improvements; Program: Capital Projects; Project: Pinewoods Wellfield Electrical Improvements.  This project was originally budgeted in FY 10/11 for the design portion and was carried over to FY 11/12 and FY 12/13.  Construction is budgeted for FY 13/14.

 

WHAT ACTION ACCOMPLISHES:

 

Acquires the necessary easements for the installation of electrical and communications improvements for the Pinewoods Wellfield.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

6.

HUMAN SERVICES

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

(1) Approve budget resolution for the FY 2013-2014 Chrysalis Supportive Housing Program in the amount of $27,111. (2) Authorize Board Chair to sign contract between Lee County and SalusCare, Inc. in the amount of $27,111 and approve future contract amendments if necessary. (3) Authorize Department of Human Services Director to sign grant reports. (#20130935-HUMAN SERVICES)

 

FUNDING SOURCE:

 

Fund – Federal Grant through the Supportive Housing Program Special Revenue Fund; Program - U.S. Department of Housing and Urban Development (HUD); Project - Supportive Housing Program.

 

WHAT ACTION ACCOMPLISHES:

 

Board action is necessary to establish the budget for year two of a three year agreement with HUD and authorize the execution of contract with the sub-recipient.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

1) Accept grant funding for two (2) awards from the United States Department of Veterans Affairs (VA) to support operations at the Bob Janes Triage Center/Low Demand Shelter.  One grant is for $91,250 and one is for $198,304.50.

2) Approve two (2) budget amendment resolutions in the amounts of $91,250 and $198,305 for FY 2013-2014.

3) Authorize Board Chair to sign subrecipient contracts with The Salvation Army to reimburse for operating costs related to serving homeless veterans. (#20130895-HUMAN SERVICES)

 

FUNDING SOURCE:

 

Fund - Federal Grant through General Fund; Program - United States Department of Veterans Affairs;

Projects -VA Homeless Providers Supplement Grant and VA Homeless Renewal Option Yr. 3 Grant.

Funds will be available in the following business units:  11105700100 for the $91,250 and 11105800100 for the $198,304.50.

 

WHAT ACTION ACCOMPLISHES:

 

Provides funding from the United States Department of Veterans Affairs to support operations of the Bob Janes Triage Center/Low Demand Shelter.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

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 13-14.  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, 2013. (#20130913-LIBRARY)

 

FUNDING SOURCE:

 

No Lee County funding required.

 

WHAT ACTION ACCOMPLISHES:

 

Fully qualifies the Lee County Library System for funding.

 

MANAGEMENT RECOMMENDATION:

 

Recommends approval.

 


 

8.

NATURAL RESOURCES/SOLID WASTE

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve a funding assistance agreement with the Florida Department of Environmental Protection (FDEP) for beach restoration on Gasparilla Island (Agreement No. 14LE1, Gasparilla Island Segment – Lee County Shore Protection Project).  Approve budget amendment resolution in the amount of $2,100,000 for unanticipated revenues.  Approve execution of transfer of funds by the Chairman upon receipt of payment from FDEP to Reserve for Future Capital Outlay – Capital Improvement – Tourist Development Beach Projects to reimburse the fund for providing pre-payment of the entire local share to the U.S. Army Corps of Engineers.  (#20130927-NATURAL RESOURCES)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Provides state funding and establishes the relative contributions of FDEP and County toward the Gasparilla Island Segment – Lee County Shore Protection Project construction.

 

MANAGEMENT RECOMMENDATION:

 

Staff recommends approval.

 

9.

PARKS AND RECREATION

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A) Approve a License Agreement between Lee County, Pacific Peak, LLC and Neal Communities of Southwest Florida, LLC to allow off-site mitigation and restoration, in accordance with SFWMD Permit # 36-02878-S-02 and U.S. Army Corps of Engineers Permit # SAJ-2005-8460, to take place in a portion of Six Mile Cypress Slough Preserve.  The restoration and mitigation activity that will be completed at the Licensee's sole expense, and in support of a development currently known as Cobblestone, involves exotic plant removal and ditch and dike restoration.  

B) Authorize acceptance of the $84,000 payment from the Licensee as required under the agreement for the long-term maintenance of this restored area. 

C)  Approve a Budget Resolution in the amount of $84,000.  (#20130936-PARKS AND RECREATION)

 

FUNDING SOURCE:

 

Fund – General; Program – Parks and Recreation Operations; Project – Six Mile Cypress Slough Preserve/Pacific Peak.

 

WHAT ACTION ACCOMPLISHES:

 

This agreement aids in meeting the management goals set forth in Land Stewardship Plan for the Six Mile Slough Preserve approved by the BoCC on 11/27/12.  Under the License Agreement the County will receive the restoration and mitigation without cost to the County; and, a cash payment of $84,000 to be used by the County for future maintenance activity within the Six Mile Cypress Slough Preserve.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 


 

10.

PUBLIC SAFETY

 

 

A)

ACTION REQUESTED/PURPOSE:

 

Authorize Lee County Board of County Commissioners Chair to execute an agreement with the 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.  No County Match Required.  Approve Budget Amendment Resolution in the amount of $14,200 and approve the expenditures in the like amount. (#20130898-PUBLIC SAFETY)

 

FUNDING SOURCE:

 

Fund – State Grant through General Fund; Program – State Homeland Security Grant; Project – Homeland Security Training.

 

WHAT ACTION ACCOMPLISHES:

 

Provides financial support for Lee County’s costs related to the planning, organization, 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.

 

11.

PUBLIC WORKS ADMINISTRATION

 

12.

TRANSPORTATION

 

13.

UTILITIES

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - 11600 McGregor Blvd (BS 20130915/27240, MMM/SDG):  Approve final acceptance, by Resolution and recording of one (1) utility easement, as a donation of one potable water service and one sanitary sewer service, to provide potable water and sanitary sewer service to 11600 McGregor Boulevard, a recently constructed single-family residence.  This is a Developer contributed asset project located along the west side of McGregor Boulevard approximately 300'' south of Winkler Road. (#20130915-UTILITIES)

 

FUNDING SOURCE:

 

No funding required for this action.

 

WHAT ACTION ACCOMPLISHES:

 

Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Design Manual.

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - Daniels Parkway Center, Lot 2 (BS 20130896/27221, MMM/SDG):  Approve final acceptance, by Resolution and recording of one (1) utility easement, as a donation of six potable water services, one fire hydrant, and one 6'' diameter fire line, to provide potable water service and fire protection to 'DANIELS PARKWAY CENTER, LOT 2', a recently constructed commercial building. This is a Developer contributed asset project located along the north side of Daniels Parkway approximately 3/4 mile west of I-75. (#20130896-UTILITIES)

 

FUNDING SOURCE:

 

No funds required for this action.

 

WHAT ACTION ACCOMPLISHES:

 

Provides adequate utility infrastructure to support redevelopment of the subject property and complies with the Lee County Utilities Design Manual.

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 


 

13.

UTILITIES

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - The Estates at Entrada, Phase 1A - Backbone Infrastructure Only (BS 20130899 / 27224, MMM/SDG):  Approve final acceptance, by Resolution and recording of one (1) utility easement, as a donation of a water main extension serving 'THE ESTATES AT ENTRADA, PHASE 1A, to provide the 'backbone infrastructure' to this phase of the proposed residential development. This is a Developer contributed asset project located on the west side of US 41 North approximately 3,000' north of Littleton Road. (#20130899-UTILITIES)

 

FUNDING SOURCE:

 

No funding required for this action.

 

WHAT ACTION ACCOMPLISHES:

 

Provides adequate utility infrastructure to support development of this phase of the subject property and complies with the Lee County Utilities Design Manual.

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 

 

D)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - Corkscrew Shores, Phase 1A (BS 20130902/27227, THO/SDG):  Approve construction of water distribution and gravity collection systems serving ' CORKSCREW SHORES, PHASE 1A', to provide potable water service, fire protection, and sanitary sewer service to this phase of a proposed residential development.  This is a Developer contributed asset project along the south side of Corkscrew Road approximately 4 miles east of I-75. (#20130902-UTILITIES)

 

FUNDING SOURCE:

 

No funds required for this action.

 

WHAT ACTION ACCOMPLISHES:

 

Provides adequate utility infrastructure to support development of this phase of the subject property and complies with the Lee County Utilities Design Manual.

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 

 

E)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - 5831 Halifax Ave, f.n.a. Mail Barcoding (BS 20130903/27228, MMM/SDG):  Approve final acceptance, by Resolution, as a donation of one fire hydrant, to provide fire protection to '5831 HALIFAX AVE, F.N.A. MAIL BARCODING', an existing commercial building. This is a Developer contributed asset project located on the east side of Halifax Avenue approximately 500' north of Independence Circle. (#20130903-UTILITIES)

 

FUNDING SOURCE:

 

No funds required for this action.

 

WHAT ACTION ACCOMPLISHES:

 

Provides adequate utility infrastructure to support redevelopment of the subject property and complies with the Lee County Utilities Design Manual.

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 


 

13.

UTILITIES (Continued)

 

 

F)

ACTION REQUESTED/PURPOSE:

 

 

A) Approve Professional Services Agreement for CN130601 YACHT CLUB COLONY DISTRIBUTION SYSTEM REHABILITATION, to Weston & Sampson Engineers, Inc., in the not-to-exceed amount of $269,000.00.

B)  Authorize Chair to execute Agreement with Weston & Sampson Engineers, Inc. on behalf of the Board.

C)  Grant the Lee County Utilities Director, with County Administration approval, the discretion to approve expenditures for contingencies and other incidental project costs in the amount not to exceed $26,900.00 (10% of the design cost).  (#20130908-UTILITIES)

 

FUNDING SOURCE:

 

Fund: Utilities Capital Improvements; Program: Capital Projects; Project: Yacht Club Colony Distribution System (Funds for the design of this project were transferred into the FY’13 CIP budget and will be carried over upon BOCC approval.  Construction funds are budgeted for this FY’14).

 

WHAT ACTION ACCOMPLISHES:

 

Provides Lee County with a consultant to perform design, permitting and construction observation services for the Yacht Club Colony Distribution System Rehabilitation Project.  Complete rehabilitation of this water distribution system (formerly Bayshore Utility Company, which Lee County received as a result of a court order) is needed in order to improve overall water quality and provide the residents of the Yacht Club Colony with adequate fire protection.

 

MANAGEMENT RECOMMENDATION:

 

Approved.

 

14.

COUNTY ATTORNEY

 

15.

HEARING EXAMINER

 

16.

CONSTITUTIONAL OFFICERS

 

 

A)

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. (#20130926-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).

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Approve the Minutes for the following meetings of the Board of County Commissioners held during the week of October 21 thru October 25, 2013 and the week of October 28 thru November 1, 2013:  

October 22, 2013 (Regular was cancelled); October 29, 2013 (Regular Meeting). (#20130959-MINUTES)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Approval of the Board Minutes, pursuant to Florida Statute 286.011.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

16.

CONSTITUTIONAL OFFICERS (Continued)

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

Present for information purposes interim reporting on selected financial activity. (#20130971-FINANCE)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

To provide interim reporting on selected funds, revenues, and expenditures of the Lee County Board of County Commissioners. Included in this report in compliance with Chapter 218.415, Florida Statutes, Local Investment Policies, is the stated and fair market value of the investments managed by the Clerk’s Office. To include the Lee County Ordinance 02-28 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 funds of the Lee County Board of County Commissioners, the status of specific revenues and expenditures as of the stated dates, and the market value of investments managed by the Clerk’s Office on behalf of the Board.

 

 

D)

ACTION REQUESTED/PURPOSE:

 

 

Approve the Minutes for the following meetings of the Board of County Commissioners held during the week of November 4 thru November 8, 2013 and the week of October 28 thru November 1, 2013.

November 4, 2013 (Zoning), November 4, 2013 (Management & Planning), November 5, 2013 (Executive Session). (#20130972-MINUTES)

 

FUNDING SOURCE:

 

N/A.  

 

WHAT ACTION ACCOMPLISHES:

 

Approval of the Board Minutes, pursuant to Florida Statute 286.011.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

17.

PORT AUTHORITY AND OTHER GOVERNING BOARDS

 


 

ADMINISTRATIVE AGENDA

 

1.

COUNTY ADMINISTRATION

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A)  Adopt a 2014 State Legislative Agenda.

B)  Designate a Commissioner to represent the BoCC at the Lee County Legislative Delegation meeting on

December 3, 2013. (#20130949-COUNTY MANAGER)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Establishes legislative priorities to guide the County’s advocacy efforts for the 2014 state legislative session.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

A) Grant conditional approval of Project #LC-13-09-01 as a qualified applicant for a Lee County FIRST incentive award of $1,000,000, subject to final Board approval of an agreement setting forth performance criteria that must be satisfied to obtain payment. (The State of Florida would provide a $750,000 Quick Action Closing Fund award.)

B) Conditionally approve Project LC-13-09-01 for an award of $480,000 in local matching funds under the State Qualified Target Industry Tax Refund Program (QTI). The award is subject to the Board's final approval of a Resolution committing the 20% local match (the State's QTI contribution would total $1,920,000). (#20130963-ECONOMIC DEVELOPMENT)

 

FUNDING SOURCE:

 

No funding required at this time. If ultimately approved, funding will consist of:

A) Fund - General Fund: Program - Economic Development Opportunities - To date, $21.55 million of the Lee County FIRST program’s original $25 million has been committed.

B) Fund - General Fund: Program - Lee County Job Opportunities Program. Program funds are designated in General Fund Reserves until expended (up to $1.5 million annually). These funds cover local QTI participation.

 

WHAT ACTION ACCOMPLISHES:

 

Allows EDO to continue negotiating for the commitment of a multinational corporation to create 400 new jobs and build a 120,000 square foot Class A office building in Lee County.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

2.

COMMUNITY DEVELOPMENT

 

3.

CONSTRUCTION AND DESIGN

 

4.

COUNTY COMMISSIONERS

 

5.

COUNTY LANDS

 

6.

HUMAN SERVICES

 


 

7.

INDEPENDENT

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A) Concur with the selection and ranking by the Proposal Evaluation Committee under project RFP130425 Café Operator For A New Public Library in Downtown Fort Myers as follows:  (1) Arvey's LLC d/b/a Reuben's Catering; (2) Tea Largo Beverage Company; (3) Downtown Bagel & Deli; (4) Indigo Hotel d/b/a Indigo Palm Management; (5) Happiness Healthy Café; and, (6) Gwendolyn's Café & Catering Co. LLC.

B) Authorize staff to negotiate a license agreement for space at the facility with the Number 1 ranked firm, Arvey's LLC d/b/a Reuben's Catering, for a period of five years with the option to renew for one additional term of five years.

C) Authorize Chair on behalf of the Board to execute the License Agreement upon completion of the final negotiations. (#20130948-LIBRARY)

 

FUNDING SOURCE:

 

Fort Myers Library Construction, Construction Improvements.

 

WHAT ACTION ACCOMPLISHES:

 

Approves an experienced food service company to operate a café located within the new downtown library facility.

 

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:

 

 

1)  Approve Supplemental Task Authorization (STA) No. 4 to Project CN-11-17 MISCELLANEOUS STRUCTURAL ENGINEERING SERVICES to T.Y. Lin International (an international consultant with a local office), Contract No. 5850, in an amount not-to-exceed $145,000.00.

2)  Authorize Chair to execute Supplemental Task Authorization on behalf of the Board. (#20130928-TRANSPORTATION)

 

FUNDING SOURCE:

 

This STA was anticipated and funds were programmed in the FY 2013/14 Operating Repair and Rehabilitation budget for Sanibel. Fund – Transportation Facilities Sanibel R&R; Program – DOT Tolls Sanibel; Project – Bridge Inspection

 

WHAT ACTION ACCOMPLISHES:

 

Provides the County with a Consultant to provide structural engineering design plans and re-inspection services for the Sanibel Bridges.  

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

13.

UTILITIES

 


 

14.

COUNTY ATTORNEY

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve negotiated settlement in the condemnation case: Lee County v. North Brook Holdings, LLC (Case No. 11-CA-1901), Parcels 122, 122 –WPE, and 123-WPE for the expansion of the existing North Lee County Water Treatment Plant/Wellfield Expansion Project No. 7602 (Pritchett Parkway to Leetana Road). As settlement of the case, the County will pay $103,041.30. The amount paid will include all fees, costs, and compensation to the property owner. (#20130900-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

Fund:  Utility Wellfield Conservation; Program:  Capital Projects; Project:  North Lee County Wellfield Expansion.

 

WHAT ACTION ACCOMPLISHES:

 

Ends litigation in Lee County v. North Brook Holdings, LLC (Case Number: 11-CA-1901). The settlement includes all cost and fees for $103,041.30, of which $43,100 has been previously paid and credited toward the total amount due to resolve this case. 

 

MANAGEMENT RECOMMENDATION:

 

Approve Settlement Amount. 

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Consider settlement agreement in inverse condemnation case of Michael McGuigan v. Lee County, Case No. 09-CA-5689, for approval of a dock permit located at 18091 Cutlass Drive, Fort Myers Beach, Florida, 33931. The settlement would result in issuing the dock permit with specifications and restrictions that ensure that the dock will not interfere with the use of abutting docks in the canal at issue.  Each party agrees to pay its own costs and expenses and execute the settlement agreement. (#20130914-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

N/A.

 

MANAGEMENT RECOMMENDATION:

 

Approve settlement agreement.

 


 

14.

COUNTY ATTORNEY (Continued)

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

Authorize a transfer from the Reserves of the Risk Management Loss fund in the amount of $987,000.00 for the defense of the following cases:

 

o BERT HARRIS/PINE ISLAND

Cammilot Partners, LLC v. Lee County, Case No. 09-CA-5630

Dean and Dean Farms, Ltd. v. Lee County, Case No. 09-CA-5723

Dean and Dean Farms, Ltd. v. Lee County, Case No. 09-CA-5724

Breese Rusk Glennon v. Lee County, Case No. 09-CA-4630

Breese Rusk Glennon v. Lee County, Case No. 09-CA-5634

Sabasa Pass Grove, LLC v. Lee County, Case No. 09-CA-5722

Sipperelle Palms, LLC v. Lee County, Case No. 09-CA-5720

William E. Wright, et al. v. Lee County, Case No. 09-CA-5721

 

Outside Counsel - $150,000.00; Expert Witnesses - $130,000.00; Court Reporters - $2,000.00.

o BERT HARRIS/METRO PARKWAY

Carter-Pritchett Advertising, Inc. v. Lee County, Case No. 12-CA-2517

Crystal Commerce Loop Road, LLC v. Lee County, Case No. 12-CA-2515

D&D Machine & Hydraulics, Inc. v. Lee County, Case No. 12-CA-2514

Edward J. Mace, Trustee of Land Trust 5364 v. Lee County, Case No. 12-CA-2506

Edward J. Mace, Trustee of Land Trust 5377 v. Lee County, Case No. 12-CA-2512

Mark S. Freeman v. Lee County, Case No. 12-CA-2516

 

Outside Counsel - $200,000.00; Expert Witnesses - $50,000.00; Court Reporters - $2,000.00

 

o Estero Place, LLC v. Lee County, Case No. 11-CA-507

 

Outside Counsel - $200,000.00; Expert Witnesses - $99,000.00; Court Reporters - $2,000.00

 

o Estero Group, Ltd. v. Lee County, Case No. 12-CA-1705

 

Outside Counsel - $100,000.00; Expert Witnesses - $50,000.00; Court Reporters - $2,000.00

(#20130905-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

Fund: General liability Self-Insurance; Program: Non-Departmental; Project: Litigation Defense.

 

WHAT ACTION ACCOMPLISHES:

 

Provides funding for the defense of the above cases.

 

MANAGEMENT RECOMMENDATION:

 

Authorize funding for defense of cases.

 

 

D)

ACTION REQUESTED/PURPOSE:

 

 

Approve the Resolution of Necessity for the acquisition and condemnation of Parcels 100 and 100-TCE, required for the Palm Beach Boulevard Force Main Replacement, Project No. 7328.

(#20130843-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

No funds are required.

 

WHAT ACTION ACCOMPLISHES:

 

Allows the County to proceed with condemnation, if required, of the necessary parcels for construction of the Palm Beach Boulevard Force Main Replacement, Project No. 7328.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

14.

COUNTY ATTORNEY (Continued)

 

 

E)

ACTION REQUESTED/PURPOSE:

 

 

Approve the Resolution of Necessity for the acquisition and condemnation of Parcel 101, required for the Palm Beach Boulevard Force Main Replacement, Project No. 7328. (#20130844-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

No funds are required.

 

WHAT ACTION ACCOMPLISHES:

 

Allows the County to proceed with condemnation, if required, of the necessary parcels for construction of the Palm Beach Boulevard Force Main Replacement, Project No. 7328.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

15.

HEARING EXAMINER

 

16.

CONSTITUTIONAL OFFICERS

 

17.

PORT AUTHORITY AND OTHER GOVERNING BOARDS

 


 

9:30 AM PUBLIC HEARING

 

1.

ACTION REQUESTED/PURPOSE:

Conduct a public hearing to adopt and enact a non-emergency ordinance to amend Lee County Ordinance 02-01, granting CFM Community Development District ("District") the ability to exercise Special Powers for security features and services, on Tuesday, November 19, 2013 at 9:30 a.m. (#20130919-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

Advertising cost will be paid by the Petitioner.

 

WHAT ACTION ACCOMPLISHES:

 

Adoption of the amendment of Ordinance No. 02-01 will grant the District the ability to exercise Special Powers for security under F.S. §190.012(2) (d).

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

WALK ON AGENDA

 

1.

ACTION REQUESTED/PURPOSE:

Approve changes to the FY 2013/14-2017/18 CIP as discussed at the November 4, 2013 Management & Planning Committee meeting.  The specific changes would be as follows:

CIP #205075 Alico Rd. 4L/Ben Hill-Airport Haul Rd.

     o  Defer Construction and Construction Engineering Inspection (CEI) phases from FY 2015/2016 to

         FY 2017/2018

     o  Defer Landscaping phase from FY 2016/2017 to years 6-10

CIP #205067 Estero Blvd. Improvements

     o  Add $750,000 in FY 2014/15 to fund the Segment 2 Design phase

     o  Add $6,000,000 to fund the Segment 2 Construction phase and $1,000,000 to fund the Segment 2 Construction

        Engineering Inspection phase in FY 2015/2016

Also, confirm the programming for CIP #205063 Homestead 4L/Sunrise-Alabama to remain as adopted, with construction in FY 2015/2016, and that the segmentation for CIP #204088 Burnt Store 4L/78-Van Buren is to be adjusted so that the available funding for construction of the first segment in FY 2014/2015 will be applied to the northern section from Diplomat Parkway to Van Buren Parkway.

And, approve adjusting the project segmentation for the Burnt Store Road 4-lane project to start from the north end of the project. (#20130982-COUNTY MANAGER)

 

FUNDING SOURCE:

 

Fund – Transportation Capital Improvement; Program – Capital Projects; Project – Alico Rd. 4L/Ben Hill-Airport Haul; Project – Estero Blvd. Improvements.

 

WHAT ACTION ACCOMPLISHES:

 

Formalizes the CIP changes as discussed at the November 4, 2013 Management & Planning Committee meeting.  These changes do not affect the FY13-14 budget but do impact FY14-15 through FY17-18 and will be incorporated into the development of the new CIP plan in January 2014.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

REASON FOR WALK-ON:

 

Necessary to formalize the CIP changes the Board directed at the November 5, 2013 M&P meeting.