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


Roger Desjarlais                                                                                                                                    Andrea R. Fraser

County Manager                                                                                                                                            Interim County Attorney

September 03, 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:  Reverend Joseph Gabriel, Full Gospel Assembly

 

Pledge of Allegiance

 

Ceremonial Presentations

 

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


9:30 AM CEREMONIAL PRESENTATION

           

1.

Presentation of the featured Pet of the Month by Animal Services. (#20130686-ANIMAL SERVICES)

 


 

CONSENT AGENDA

 

1.

COUNTY ADMINISTRATION

 

2.

COMMUNITY DEVELOPMENT

 

3.

CONSTRUCTION AND DESIGN

 

4.

COUNTY COMMISSIONERS

 

5.

COUNTY LANDS

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A) Approve Purchase Agreement for acquisition of a ±2,062 sq. ft. parcel located at 1871 Ortiz Avenue, identified as Parcel 209, for the Ortiz Avenue Widening Project No. 4072, in the amount of $6,000;

B) Authorize the Chair 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. (#20130650-COUNTY LANDS)

 

FUNDING SOURCE:

 

Fund: Road Impact Fee – Central District; Program: Capital Project; Project: Ortiz Ave – MLK Blvd to Luckett Road and is included in the FY 12/13 CIP budget.

 

WHAT ACTION ACCOMPLISHES:

 

Acquisition of property necessary for the Ortiz Avenue Widening Project No. 4072, without the necessity of an eminent domain action. This parcel is required regardless of the final configuration of the roadway (four lanes or three lanes).

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

6.

HUMAN SERVICES

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

1.) Approve and execute contract agreement#14SB-0D-09-46-01-014 between Lee County Board of County Commissioners and Florida Department of Economic Opportunity to receive $186,103 in Community Services Block Grant (CSBG) funds; and

2.) Approve a budget resolution for $186,103. (#20130737-HUMAN SERVICES)

 

FUNDING SOURCE:

 

Fund-Federal Grant through General Fund; Program-Florida Department of Economic Opportunity; Project-Community Services Block Grant. Funds will be made available in the FY2012-2013 budget upon execution of the agreement.  This funding will be carried over into the FY2013-2014 budget. 

 

WHAT ACTION ACCOMPLISHES:

 

Provides $186,103 for case management, vocational training, supportive and emergency services to facilitate economic self-sufficiency for eligible Lee County households. Also provides for emergency prescription vouchers.  To qualify, the household must have income levels below 125% federal poverty level. 

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

7.

INDEPENDENT

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A)  Approve Bid Waiver # W-130588 to waive the formal quotation procedure to allow for the purchase of Cummins parts and service for Lee County Transit (Lee Tran).

B)  Acknowledge the waiver to Cummins Power South for parts and services is requested due to the fact that it is the sole authorized distributor of Cummins engines, repair parts, and service for the State of Florida.

C)  Authorize this waiver to remain in effect/open until either other authorized dealers for Cummins parts and service come on line in Florida; or, these brands are phased out of the County's fleet.

D) Approve an annual estimated expenditure not to exceed $100,000.00 for services and $195,000.00 for parts, for a total of $295,000.00.(#20130727-TRANSIT)

 

FUNDING SOURCE:

 

Fund-Transit Operations; Program-Transit Fixed Route Service; Project-Equipment Repair Parts. No additional budget is required as funding is available within the existing operating budget.

 

WHAT ACTION ACCOMPLISHES:

 

Provide Lee Tran with dealer level pricing for parts and service.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

(1) Approve Project # EX130603, the utilization of Florida State Contract No. 250-000-09-1, for the purchase of Cisco hardware for ITG for use in the EOC Main Distribution Frame (MDF) Refresh Project.

(2) Approve the purchase of this hardware from Presidio Networked Solutions, Inc.

(3) Approve the expenditure of $136,560.56 for the acquisition.  (Note:  This purchase price represents a negotiated savings of $30,464.20 over the published State Contract pricing of $167,024.76.)

(#20130732-INFORMATION TECHNOLOGY GROUP)

 

FUNDING SOURCE:

 

Fund:  ITG - MIS Operations.  Funds are budgeted and available.

 

WHAT ACTION ACCOMPLISHES:

 

This action will allow for the purchase of the hardware required to refresh the MDF at the new Emergency Operations Center; thus allowing the facility to operate its telecommunications operations at peak efficiency.  The MDF is a compilation of hardware that works together to interconnect and manage telecommunication wiring.  Refreshing is necessary because existing equipment was repurposed and moved into the new EOC from another location with the understanding that refreshing or upgrades would be done as deemed appropriate by ITG and funds became available.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

A)  Approve award of Project # EX130602 the purchase of Microsoft full platform enterprise license for County-wide use for ITG through an enterprise agreement offered on Florida State Contract No. 252-001-09-1 from Software House International (SHI).  The term of the agreement, which covers both the software licenses and associated maintenance, is three years at a total cost of:  $1,169,093.28 ($389,697.76 X 3 years).

B)  Authorize the Chair on behalf of the BOCC to execute and sign the accompanying contracts.

(#20130735-INFORMATION TECHNOLOGY GROUP)

 

FUNDING SOURCE:

 

Fund - ITG.  Funds are budgeted and available.

 

WHAT ACTION ACCOMPLISHES:

 

Allows ITG to obtain Microsoft licensure for devices across the County’s entire network in a timely manner.  Lee County's existing software license with Microsoft expires September 30, 2013.  In order to maintain the core suite of Lee County's technology infrastructure software, the contract with Microsoft must be renewed.  If approved, the contract provides for the upgrading of Windows XP operating system to Windows 7 operating system prior to April 2014. 

 

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)   Concur with the Selection Committee and approve award CN-13044, GENERAL CONSULTANT / TRAFFIC ENGINEERING FOR TRANSPORTATION FACILITIES AND BOND RELATED ISSUES to CDM Smith, Inc. (a national consultant with a local office).  

B) Authorize staff to negotiate a contract with the number one ranked firm CDM Smith, Inc., with the understanding that the negotiated agreement will be brought back to the Board for approval.

(#20130712-TRANSPORTATION)

 

FUNDING SOURCE:

 

No funds required for this specific action.

 

WHAT ACTION ACCOMPLISHES:

 

Provides Lee County with a Consultant that will, on a continuing basis, review, analyze and periodically report to the County on the County’s toll revenue using data including revenue summaries and traffic reports routinely prepared by the County.  In addition, the County may require the Consultant to conduct traffic surveying, origin and destination studies, and a review of the facilities.  During the first year the Consultant will provide the County with a Toll Rate Review and Analysis. Further, the Consultant may be required to provide expert testimony in judicial or quasi-judicial proceedings regarding toll revenues and existing or proposed revenue producing facilities.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

13.

UTILITIES

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - Airport Plaza at SWFIA (BS 20130691/27010, MMM/SDG):  Approve construction of water and gravity main extensions serving ''AIRPORT PLAZA AT SWFIA'', to provide potable water service, fire protection, and sanitary sewer service to this proposed commercial building. This is a Developer contributed asset project located along the north side of Terminal Access Road approximately 1-1/2 miles east of Treeline Avenue. (#20130691-UTILITIES)

 

FUNDING SOURCE:

 

No funds required.

 

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 - Ministerio Nueva Esperanza Roller Rink (BS 20130693/27012, MMM/SDG):  Approve final acceptance, by Resolution, as a donation of one 4'' diameter fire line, to provide fire protection to the existing ''MINISTERIO NUEVA ESPERANZA ROLLER RINK''.  This is a Developer contributed asset project located along the east side of Alta Vista Avenue approximately 300' south of Palm Beach Boulevard. (#20130693-UTILITIES)

 

FUNDING SOURCE:

 

No funds required.

 

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)

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - The Estuary at Shell Point, Pod ''C'' (BS 20130721/27042, THO/SDG):  Approve construction of a water main extension serving ''THE ESTUARY AT SHELL POINT, POD ''C'', to provide potable water service and  fire protection to this proposed multi-family residential subdivision. This is a Developer contributed asset project located off of On Par Boulevard approximately 800' east of Shell Point Boulevard. (#20130721-UTILITIES)

 

FUNDING SOURCE:

 

No funds required.

 

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.

 

 

D)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - Love’s Travel Shop and Country Store (BS 20130722/27043, MMM/SDG):  Approve construction of a water main extension serving ''LOVE'S TRAVEL SHOP AND COUNTRY STORE'', to provide potable water service and fire protection to this proposed commercial development. This is a Developer contributed asset project located at the southwest corner of I-75 and Bayshore Road. (#20130722-UTILITIES)

 

FUNDING SOURCE:

 

No funds required.

 

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.

 

 

E)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - Woodhaven at Verandah (BS 20130724/27045, MMM/SDG):  Approve construction of  water  and  gravity main extensions serving ''WOODHAVEN AT VERANDAH'', to provide potable water service, fire protection, and sanitary sewer service to this phase of the proposed single-family residential development. This is a Developer Contributed asset project located on the south side of SR 80 approximately 1-1/2 miles west of Buckingham Road. (#20130724-UTILITIES)

 

FUNDING SOURCE:

 

No funds required.

 

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.

 

14.

COUNTY ATTORNEY

 

15.

HEARING EXAMINER

 


 

16.

CONSTITUTIONAL OFFICERS

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve Expenditures in the amount of $291,040.69 by the Lee County Sheriff's Office for FY 12/13 from revenues collected from various fees, services, etc. (see below) that were collected by the Sheriff's Office during the period of  5/7/13 through 8/13/13.  Also approve transfers within budget line items within the Sheriff's Office allocation. (#20130726-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.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Approve the Minutes for the following meetings of the Board of County Commissioners held during the week of August 19 thru August 23, 2013:  August 19, 2013 (Zoning), August 19, 2013 (Budget), August 20, 2013 (Regular). (#20130740-MINUTES)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

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

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

C)

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. (#20130742-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

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A) Approve a Lee County Job Opportunity Program (LCJOP) incentive award of $187,500 to The Hertz Corporation for creation of a Live Agent Video Operations Call Center and two-hundred-fifty (250) new jobs.

B) Authorize the Chair to execute an incentive award agreement in substantially the same form as the sample contract attached hereto. (#20130754-ECONOMIC DEVELOPMENT)

 

FUNDING SOURCE:

 

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). Year-to-date commitments total $716,000.

 

WHAT ACTION ACCOMPLISHES:

 

Further diversifies Lee County’s economy through the creation of target industry employment.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

2.

COMMUNITY DEVELOPMENT

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Review and approve a grant award agreement with the Captiva Community Panel (CCP), a Florida not-for-profit corporation, requesting $50,000 in public funds to formulate and process amendments to both the Land Development Code and the Lee Plan to update The Captiva Plan.

(#20130720-COMMUNITY DEVELOPMENT)

 

FUNDING SOURCE:

 

Fund: Unincorporated MSTU/Program: Community Planning, included in the approved FY 12/13 Operating Budget.

 

WHAT ACTION ACCOMPLISHES:

 

Updates community planning efforts through amendments to both the Lee County Land Development Code and the Lee Plan

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Review and approve a grant award agreement with the East Lee County Council (ELCC), a Florida not-for-profit corporation, requesting $50,000 in public funds to formulate and process amendments to both the Land Development Code and the Lee Plan to update The Caloosahatchee Shores Community Plan.

 (#20130719-COMMUNITY DEVELOPMENT)

 

FUNDING SOURCE:

 

Unincorporated MSTU/Program: Community Planning, included in the approved FY 12/13 Operating Budget.

 

WHAT ACTION ACCOMPLISHES:

 

Updates community planning efforts through amendments to both the Lee County Land Development Code and the Lee Plan.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

3.

CONSTRUCTION AND DESIGN

 

4.

COUNTY COMMISSIONERS

 

5.

COUNTY LANDS

 

6.

HUMAN SERVICES

 


 

7.

INDEPENDENT

 

8.

NATURAL RESOURCES/SOLID WASTE

 

9.

PARKS AND RECREATION

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Authorize staff to draft amendments to the Land Development Code to:

A.  Allow use of Community Park Impact Fee revenue in adjacent Community Park Districts when benefit to

      adjacent districts can be shown.

B.  Consolidate the number of Community Park Impact Fee Districts from 9 to 4.

(#20130723-PARKS AND RECREATION)

 

FUNDING SOURCE:

 

None required.

 

WHAT ACTION ACCOMPLISHES:

 

Authorizes staff to draft ordinance amendments that will provide greater flexibility in spending impact fee revenue on projects that benefit more than one Community Park Impact Fee District.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

10.

PUBLIC SAFETY

 

11.

PUBLIC WORKS ADMINISTRATION

 

12.

TRANSPORTATION

 

13.

UTILITIES

 

14.

COUNTY ATTORNEY

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A) Approve the Resolutions of Necessity for acquisition and condemnation of Fee Simple Interest in Parcels 1 and 2 required for the Plantation/Crystal Roundabout, Project No. 5077:

B) Authorize the Chair on behalf of the Board to execute the Resolutions of Necessity:

C) Authorize County Lands Staff to proceed with acquisition of these Parcels.

(#20130622-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

Fund: Transportation Capital Improvement; Program: Capital Projects; Project: Plantation/Crystal Roundabout. Funds for this project are included in the FY 2012/13 Capital Improvement Program.

 

WHAT ACTION ACCOMPLISHES:

 

Allows the County to proceed with condemnation, if necessary, so these Parcels can be acquired for the Plantation/Crystal Roundabout, Project No. 5077.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

15.

HEARING EXAMINER

 

16.

CONSTITUTIONAL OFFICERS

 

17.

PORT AUTHORITY AND OTHER GOVERNING BOARDS

 


 

WALK ON AGENDA

 

1.

ACTION REQUESTED/PURPOSE:

On August 27, 2013 at a Special Meeting to interview candidates for County Attorney, the Board came to consensus on moving forward with candidate Richard Wesch as the first selection and Andrea Fraser as the second selection.

A)  Select and approve Richard Wesch as the chosen candidate for services to be performed as the Lee County Attorney. 

B)  Authorize Chair, on behalf of the Board, to enter into contract negotiations with Mr. Wesch for his contractual employment.

C)  Select and approve Andrea Fraser as the secondary candidate for services to be performed as the Lee County Attorney if successful contract negotiations are unable to be reached with Mr. Wesch.

D)  Should contract negotiations fail with Mr. Wesch, authorize Chair, to enter into contract negotiations with Ms. Fraser. (#20130761-HUMAN RESOURCES)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Formally selects and approves the top and secondary candidates for services to be performed as the Lee County Attorney and authorizes Chair to enter into contract negotiations on behalf of the Board.

 

MANAGEMENT RECOMMENDATION:

 

N/A.

 

REASON FOR WALK ON:

 

Directed by the BoCC at the conclusion of the County Attorney interviews held on 8/27/13 during a special meeting.

 

2.

ACTION REQUESTED/PURPOSE:

Accept a settlement of the Final Judgment regarding LPH, LLC and Buckingham Village, LLC v. Lee County, Case No. 07-CA-3142 consolidated with Case No. 08-CA-12823 in the amount of $8,389,225.00.

(#20130763-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

Fund: General Liability Self-Insurance; Program: Non-Departmental; Project: Settlement.

 

WHAT ACTION ACCOMPLISHES:

 

Ensures compliance with judgment entered against Lee County by the Circuit Court.

 

MANAGEMENT RECOMMENDATION:

 

Comply with the Court order.

 

REASON FOR WALK ON:

 

To allow staff time to process within timeframe of Court order.