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


Doug Meurer                                                                                                                                       Michael D. Hunt

Interim County Manager                                                                                                                                           County Attorney

January 22, 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, 1st 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 Rob Sparrow, Word of Life Ministries

 

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

 

Public Presentation of Matters by Citizens

 

Adjourn


9:30 AM CEREMONIAL PRESENTATION

           

1.

Presentation of the 4th Quarter Employee Length of Service Awards. (#20130035-Human Resources)

 


 

CONSENT AGENDA

 

1.

COUNTY ADMINISTRATION

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Authorize the Chairman to approve a reimbursement resolution for the Tourist Development Revenue Bonds, Series 2013 (Minnesota Twins). (#20130016-COUNTY MANAGER)

 

FUNDING SOURCE:

 

Bond Funds.

 

WHAT ACTION ACCOMPLISHES:

 

Provides the opportunity for expenditures to possibly be reimbursed from the future borrowing.

 

MANAGEMENT RECOMMENDATION:

 

Authorizes reimbursement resolution for the future Tourist Development Revenue Bonds, Series 2013 (Minnesota Twins) borrowing.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

(1) Approve budget amendment resolution to accept $500,000.00 from the BP Gulf Tourism and Seafood Promotional Fund, (2) authorize chairman to execute grant agreement contract, and (3) approve change order #1 to contract 5948 in the amount of $500,000 to allow for the additional advertising expenditure. (#20130019-VISITOR AND CONVENTION BUREAU)

 

FUNDING SOURCE:

 

Deepwater Horizon Economic Claims Administration.

 

WHAT ACTION ACCOMPLISHES:

 

Accepts $500,000.00 grant for Gulf tourism and seafood advertising campaign and amends the Visitor & Convention Bureau budget for FY 2012-13.

 

MANAGEMENT RECOMMENDATION:

 

Recommend approval.

 

2.

COMMUNITY DEVELOPMENT

 

3.

CONSTRUCTION AND DESIGN

 

4.

COUNTY COMMISSIONERS

 

5.

COUNTY LANDS

 

6.

HUMAN SERVICES

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve amendments to contract #4986 with Home Ownership Resource Center of Lee County, Inc. (HORC), and contract #4900 with  Lee County Housing Development Corporation (LCHDC) both nonprofit agencies, to add funds and increase number of persons served through the Homebuyer Readiness Program, a critical component of Lee County's NSP1 and NSP3 projects.  Funds are also being added to the marketing component so that the program can continue to be adequately promoted and assist to ensure transparency. (#20121139-HUMAN SERVICES)

 

FUNDING SOURCE:

 

Fund - Federal Grant thru General Fund; Program - U.S. Department of Housing and Urban Development Grant; Project -Neighborhood Stabilization Program.

 

WHAT ACTION ACCOMPLISHES:

 

Allows the Department of Human Services to execute contract amendments with both agencies.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

6.

HUMAN SERVICES (Continued)

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

1) Approve Program Amendments to the Lee County Consolidated Plan and 2008, 2009, 2010, 2011, and 2012 Annual Plans for U.S. Department of Housing and Urban Development (HUD).

2) Authorize Board Chair to sign documents related to said Amendments.

3) Approve two (2) Budget Amendment Resolutions to properly reallocate Community Development Block Grant (CDBG) funds between Fund 139 and Fund 339.

4) Approve Request for Transfer of Funds to properly reallocate HOME grant funds to cover program expenses. (#20121123-HUMAN SERVICES)

 

FUNDING SOURCE:

 

Fund- Federal Grant through CDBG Entitlement and Construction Grant Funds; Program- HUD; Projects- CDBG Year 19, 20, 21, and 23.  (CDBG Year 22 is not being amended at this time.)

Fund- Federal Grant through HOME Investment Partnerships Program Fund; Program- HUD; Project- HOME Year 20.

 

WHAT ACTION ACCOMPLISHES:

 

Actions 1) and 2) allow transfer/reallocation of funds to prioritized activities. Action 3) allows the reallocation necessary to comply with Governmental Accounting Standard Board (GASB) 54 guidelines which relates to how fund balances are reported.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

7.

INDEPENDENT

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

1) Approve the electronic submission of Federal Transit Administration 49 USC 5312 National Research Program grant application FL-26-0022 in the amount of $50,000.00.

2) Approve the accompanying authorizing resolution. 

3) Upon approval of the application by the FTA, authorize the execution of the grant agreement and other documents necessary to secure the award.

4)  Approve a budget amendment resolution in the amount of $50,000 for this project.

(#20130003-TRANSIT)

 

FUNDING SOURCE:

 

100% Funded by the Federal Transit Administration.

Fund:  Federal Grant National Research Program under the Federal Veterans Transportation and Community Living Initiative.

Program:  Transit Capital Fixed Route.

Project: Veterans Transportation Grant.

 

WHAT ACTION ACCOMPLISHES:

 

Upon award by the FTA, this will authorize the Board to execute the grant agreement and other documents necessary to secure and program the award of $50,000.00 for a regional coordination and the budget amendment will allow us to accept the funds and expend the grant.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

7.

INDEPENDENT (Continued)

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

A. Approve award of Formal Quotation No. B-130067 Publishing the Delinquent Real Estate and Tangible Property Tax List to The News-Press (the local vendor and low quoter meeting specifications) at the prices as listed on the attached Lee County Tabulation sheet.   The award will be valid for a period of two years, with an opportunity for three additional one year extensions.

B. Grant the Procurement Director the discretion to exercise and grant the consumer price index adjustment consistent with the quote specifications along with the authority to administratively negotiate and renew this quote for three additional one-year periods under the same terms and conditions, if renewal/extension is in the best interest of Lee County.  No increase in pricing will be allowed during the first two years. (#20130027-PROCUREMENT MANAGEMENT)

 

FUNDING SOURCE:

 

Expenditure paid by Tax Collector as stated in Florida Statue ch.197.

 

WHAT ACTION ACCOMPLISHES:

 

Provides the Tax Collector with a low competitive price for advertising using a local vendor that has agreed to provide publication services necessary to meet statutory requirements at the same pricing available to the County in 2007.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

8.

NATURAL RESOURCES/SOLID WASTE

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

1) Authorize Chair to execute Joint Participation Agreement (Agreement) Between The State Of Florida Department of Transportation And Lee County Division of Natural Resources for the project known as SR 93 (I-75) from Collier County Line to Corkscrew Road (Three Oaks Parkway Drainage Conveyance) and any future amendments to this Agreement for the purpose of incorporating plans and construction.  2) Approve budget amendment in the amount of $100,000 for unanticipated revenues from this agreement in Halfway Creek Filter Marsh Project No. 208549 and amend the FY12/13-16/17 Capital Improvement Program accordingly.  This Agreement and funding thereof represents the design and permitting portion of the drainage conveyance.  Construction of the project will be funded through an amendment to the Agreement.  Funds will be available.  3) Authorize Chair to execute resolution authorizing Lee County to enter into a Joint Participation Agreement with the Florida Department of Transportation.    

(#20130025-NATURAL RESOURCES)

 

FUNDING SOURCE:

 

Fund – Capital Improvement Fund; Program – Water Resources Projects; Project – Halfway Creek Filter Marsh.

 

WHAT ACTION ACCOMPLISHES:

 

Provides mechanism for FDOT to meet permit requirements for I-75 widening as well as provide a flood prevention benefit.

 

MANAGEMENT RECOMMENDATION:

 

Staff recommends approval.

 

9.

PARKS AND RECREATION

 

10.

PUBLIC SAFETY

 

11.

PUBLIC WORKS ADMINISTRATION

 

12.

TRANSPORTATION

 


 

13.

UTILITIES

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - Six Mile Crossing (BS 20130005/26311, THO/SDG):  Approve construction of water and gravity main extensions. ''SIX MILE CROSSING, PHASE 1'', to provide potable water service, fire protection, and sanitary sewer service to this phase of the proposed commercial development. This is a Developer contributed asset project located along the north side of Ben C Pratt/Six Mile Cypress Parkway approximately 1/3 mile east of South Tamiami Trail. (#20130005-UTILITIES)

 

FUNDING SOURCE:

 

N/A.

 

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.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - Savona Bay (BS 20130006/26312, THO/SDG):  Approve construction of  water distribution and gravity collection systems  serving ''SAVONA BAY'', to provide potable water service, fire protection, and sanitary sewer service to this proposed single-family residential subdivision. This is a Developer contributed asset project located at the northeast corner of Iona and Davis Roads.

(#20130006-UTILITIES)

 

FUNDING SOURCE:

 

N/A.

 

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.

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - Aircraft Rescue and Fire Fighting Facility (RSW) (BS 20130007/26313, MMM/SDG):  Approve final acceptance, by Resolution, as a donation of water distribution and gravity collection systems, to provide potable water service, fire protection and sanitary sewer service to the recently constructed ''AIRCRAFT RESCUE AND FIRE FIGHTING FACILITY (RSW)''.This is a Lee County Port Authority contributed asset project located approximately ¼ mile east of Concourse ''B'' at Southwest Florida International Airport. (#20130007-UTILITIES)

 

FUNDING SOURCE:

 

N/A.

 

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 - The Landings, Yacht, Golf and Tennis Club, Inc. Hole #6 Restroom (BS 20130008/26314, MMM/SDG):  Approve final acceptance, by Resolution, as a donation of one force main connection to provide sanitary sewer service to the recently constructed ''LANDINGS YACHT, GOLF AND TENNIS CLUB, INC. HOLE #6 RESTROOM''.  This is a Developer contributed asset project located at the southwest corner of College Parkway and McGregor Boulevard. (#20130008-UTILITIES)

 

FUNDING SOURCE:

 

N/A.

 

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.

 


 

13.

UTILITIES (Continued)

 

 

E)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - All American Pet Resort (BS 20130009/26315, MMM/SDG):  Approve final acceptance, by Resolution and recording of one (1) utility easement, as a donation of one potable water service and one 6'' diameter fire line, to provide potable water service and fire protection to ''ALL AMERICAN PET RESORT'', a recently constructed commercial building.  This is a Developer contributed asset project located within the Southwest International Commerce Park Subdivision, which is located along the west side of Treeline Avenue, approximately one mile south of Daniels Parkway.

(#20130009-UTILITIES)

 

FUNDING SOURCE:

 

N/A.

 

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.

 

 

F)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - Lee County Electric Cooperative Medical Office Building (BS 20130010/26316, MMM/SDG):  Approve final acceptance, by Resolution and recording of one (1) utility easement, as a donation of a fire hydrant, to provide fire protection to the recently constructed ''LEE COUNTY ELECTRIC COOPERATIVE MEDICAL OFFICE BUILDING''. This is a Developer contributed asset project located on the southeast corner of Bayline Drive and Electric Lane. (#20130010-UTILITIES)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

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

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 

 

G)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - Arthrex Logistics Center (BS 20121086/24498, MMM/SDG):  Approve final acceptance, by Resolution and recording of one (1) utility easement, as a donation of a force main extension/connection to provide sanitary sewer service to the existing commercial building 'ARTHREX LOGISTICS CENTER'.  This is a Developer contributed asset project located along the west side of Plantation Road approximately 1,000' north of Ben C. Pratt, Six Mile Cypress Parkway.

(#20121086-UTILITIES)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

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

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 


 

14.

COUNTY ATTORNEY

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Direct the proposed amendments to Chapters 32 (Compact Communities) and 33 (Planning Community Regulations) of the Land Development Code to two public hearing as follows:

First Public Hearing:     February 12, 2013 at 5:00 P.M.

Second Public Hearing:    February 26, 2013 at 9:30 A.M.

(#20130020-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Satisfies the Board policy to hold two public hearings to amend the LDC.   If adopted, the Ordinance will provide amendments to the Land Development Code providing centralized regulations for the implementation of the North Fort Myers Town Center and two Lehigh Acres Activity Centers (Downtown and Neighborhood) compact community developments and adopting regulating plans for the implementation of the North Fort Myers Town Center.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

a)  Direct the proposed amendments to Chapters 10 (Development Standards), 12 (Resource Extraction), and 34 (Zoning) of the Land Development Code to a public hearing for adoption on February 12, 2013 at 9:30 A.M.

b) Waive the requirement to present the Ordinance to the Executive Regulatory Oversight Committee and the Land Development Code Advisory Committee.  (Note: The Ordinance will be presented to the LPA on January 28, 2013). (#20130021-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Satisfies the Board policy to hold a public hearing to adopt an Ordinance amending the LDC.   If adopted, the Ordinance will codify the recommendations made by the Horizon Council’s Business Issues Task Force to amend the LDC (specifically amending sections 10-154 (Additional Required Submittals), 12-110 (Application Submittals), 12-111 (Mine Site Plan; Site Map and Engineering Plan Set), 12-121 (Existing Mine Operations), 34-202 (General Submittal Requirements For Applications Requiring Public Hearing), 34-373 (Application), 34-380 (Amendments To Approved Master Concept Plan), 34-381 (Duration of Rights Conferred By Adopted Master Concept Plan).

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

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. (#20130038-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).

 


 

16.

CONSTITUTIONAL OFFICERS

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Approve the Minutes for the following meetings of the Board of County Commissioners held during the week of January 6 thru January 11, 2013:  January 8, 2013 (Regular). (#20130040-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

 

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

 

13.

UTILITIES

 

14.

COUNTY ATTORNEY

 

15.

HEARING EXAMINER

 

16.

CONSTITUTIONAL OFFICERS

 

17.

PORT AUTHORITY AND OTHER GOVERNING BOARDS