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

December 17, 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: Rabbi Marc Sack, Temple Judea

 

Pledge of Allegiance

 

Ceremonial Presentations

 

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.

Presentation of the 4th quarter Together We Mean Community Award. (#20131028-Human Resources)

 


 




CONSENT AGENDA

 

1.

COUNTY ADMINISTRATION

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A) Approve and accept grant monies from the Florida Department of Economic Opportunity in the amount of $15,000.  The funds are available for the purpose of providing technical assistance to local governments, in this case for creation of the Southwest Florida Economic Development Alliance (SWFEDA).  

B) Approve budget resolution to accept the funds in the amount of $15,000 and approve expenditure of a like amount. (#20130941-ECONOMIC DEVELOPMENT)

 

FUNDING SOURCE:

 

Florida Department of Economic Opportunity Grant, no county match required.

 

WHAT ACTION ACCOMPLISHES:

 

Accepting the grant allows Lee County to contract with the Southwest Florida Regional Planning Council to develop a business plan and operational policies for the regional economic development initiative now known as SWFEDA.  Grant guidelines require disbursement to a county entity.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Approve and authorize Chairman to execute interlocal agreements between Lee County and the Captiva Erosion Prevention District, the City of Bonita Springs, the City of Cape Coral, the City of Sanibel, the Town of Fort Myers Beach and the State of Florida Department of Environmental Protection for Eighteen (18) separate Lee County Tourist Development Council beach & shoreline projects.

(#20130997-VISITOR AND CONVENTION BUREAU)

 

FUNDING SOURCE:

 

Fund- Tourist Development Tax: Program- Major Maintenance Program.

 

WHAT ACTION ACCOMPLISHES:

 

Provides a mechanism to reimburse agencies with TDC beach and shoreline program funds.

 

MANAGEMENT RECOMMENDATION:

 

Recommend approval.

 

2.

COMMUNITY DEVELOPMENT

 

3.

CONSTRUCTION AND DESIGN

 

4.

COUNTY COMMISSIONERS

 

5.

COUNTY LANDS

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A) Approve and execute a Purchase Agreement for acquisition of a 12,400 square foot parcel located at 119 Burnt Store Road identified as Parcel 130, Burnt Store Road Widening Project No. 4088 in the amount of $9,500;

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 accept all documentation to complete the transaction.

(#20131009-COUNTY LANDS)

 

FUNDING SOURCE:

 

Fund: Cape and Midpoint Surplus Toll Revenue; Program: Capital Projects; Project: Burnt Store Road Widening.  The funds are included in the FY 14/15 CIP Budget.

 

WHAT ACTION ACCOMPLISHES:

 

Acquires a necessary parcel without using eminent domain.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

6.

HUMAN SERVICES

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

1.) Approve budget amendment resolution for $1,733,479 in the Community Development Block Grant (CDBG) Entitlement funds #13920.

2.) Approve budget amendment resolution for $700,000 in Community Development Block Grant (CDBG)

Construction Grant fund #33920.

3.) Approve budget amendment resolution for $610,423 in the HOME Investment Partnerships Program Grant fund #13921.

4.) Approve budget amendment resolution for $151,318 in the Emergency Solutions Grant (ESG) General fund #00100.

Approval allows Lee County to expend United States Department of Housing and Urban Development (HUD) funds awarded for FY 2013-2014. (#20130981-HUMAN SERVICES)

 

FUNDING SOURCE:

 

1.) Fund - Federal Grant through CDBG Entitlement Grant Fund; Program - HUD; Project-CDBG Year 24.

2.) Fund - Federal Grant through CDBG Construction Grant Fund; Program - HUD; Project-CDBG Year 24.

3.) Fund - Federal Grant through HOME Investment Partnerships Program Grant Fund; Program - HUD; Project - HOME Year 22.

4.) Fund - Federal Grant through General Fund; Program - HUD; Project - ESG Year 11.

Funds will be available in the following business units after budget amendments are approved:

CDBG Year 24 - 11106213920

CDBG Year 24 - 11106233920

HOME Year 22 - 11106313921

ESG Year 11 - 11106400100 

 

WHAT ACTION ACCOMPLISHES:

 

Establishes budget for Lee County’s HUD CDBG, HOME, and ESG Entitlement grants for FY 2013-2014. Provides funding from HUD for housing, neighborhood improvements, and homeless assistance programs to benefit low/moderate income persons.

 

MANAGEMENT RECOMMENDATION:

 

Approve

 

7.

INDEPENDENT

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve Resolution designating the Florida Department of Transportation (FDOT) as the designated recipient of the Fort Myers Cape Coral urbanized area for Federal Transit Administration (FTA) 49 USC 5310 Funds. (#20130980-TRANSIT)

 

FUNDING SOURCE:

 

No funds required.

 

WHAT ACTION ACCOMPLISHES:

 

Allows FDOT to administer FTA 49 USC 5310 funds to subrecipients for the transportation of the elderly and disabled.

 

MANAGEMENT RECOMMENDATION:

 

Management recommends approval.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Approve award of Formal Bid No. B-130677 HVAC Replacement for the Lee County Administration Building to the low bidder meeting specifications, Full Temperature Service, Inc (a local contractor), at a grand total price of $184,500. (#20130953-FACILITIES SERVICES)

 

FUNDING SOURCE:

 

Fund – General Fund; Program – Major Maintenance Project; Project – Admin Building HVAC Replacement.  This project was planned and budgeted in FY 12/13.  Funds will be carried over to the current fiscal year with the carryover blue sheet.

 

WHAT ACTION ACCOMPLISHES:

 

Allows for the purchase, delivery, and turnkey installation of 12 new McQuay HVAC units at the Lee County administration building.  The current equipment is past its useful life.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

7.

INDEPENDENT (Continued)

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

1) Authorize acceptance of the following non-monetary donations:  Friends of the Cape Coral Library for the Friends' direct payment in the amount of $80 for the purchase of one or two trellises for the library's butterfly garden (the Friends and the Garden Club will install and maintain the trellises on the property), and Friends of the South County Library for the Friend's direct payment in the amount of $982.57 for the purchase of display signs, 100 display easels, crowd control floor stand, paper cutter parts replacements, and acrylic shelving accessories.    

2) Authorize acceptance and expenditure authority for the following monetary donations:   $160 from the Friends of the East County Regional Library for adjustments to the sound system, and $1,504.80 from the Friends of Lakes Regional Library to maintain the Story Garden plants. 

3) Authorize budget adjustment in the amount of $100,201.36 for receipt of Centurytel Inc's check which represents FY 12-13's e-rate reimbursement.  The E-Rate Program provides annual discounts to assist most schools and libraries in the United States to obtain affordable telecommunications and Internet access.

4) Adopt a budget amendment resolution totaling $101,866.16 to adjust the budget accordingly for the e-rate reimbursement and monetary donations. (#20131011-LIBRARY)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Authorizes acceptance of monetary and non-monetary donations and expenditure of funds pursuant to donors’ requests.   Recognizes receipt of e-rate reimbursement.  Appropriates budget accordingly.

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 

8.

NATURAL RESOURCES/SOLID WASTE

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve and Authorize the Chairman to sign an Interlocal Agreement (IA) between Lee County and the National Pollutant Discharge Elimination System (NPDES) Co-permittees ( the Brooks Community Development District, CFM (Magnolia Landing) Community Development District, Colonial Country Club Community Development District, East County Water Control District, the East Mulloch Drainage District, Gateway Services Community Development District, Bayside Improvement Community Development District, Bay Creek Community Development District (Bayside/Baycreek), Heritage Palms Community Development District, Lucaya Community Development District, Miromar Lakes Community Development District, River Hall Community Development District, River Ridge Community Development District, and San Carlos Estates Drainage District, Catalina at Winkler Preserve Community Development District and the Florida Department of Transportation, (FDOT)).  This outlines the Tasks, duties and responsibilities outlined the NPDES Permit. (#20130985-NATURAL RESOURCES)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

This Agreement outlines tasks, duties and responsibilities shared and performed by Lee County and co-permittees to meet the requirement and conditions of NPDES Permit FLS000035-03 which was issued September 2011 and its subsequent cycle replacements.

 

MANAGEMENT RECOMMENDATION:

 

Staff Recommends Approval.

 


 

8.

NATURAL RESOURCES/SOLID WASTE (Continued)

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Approve acceptance in accordance with Florida Statute 95.361, the Special Purpose Survey/Maintained Right-of-Way Map and Maintenance Affidavits for Brown Road and for San Jose Street, the west portion of the drainage conveyance located along Brown Road and the north portion of the drainage conveyance along San Jose Street. The Special Purpose Survey/Maintained Right-of-Way Map begins on Brown Road at Station 16+00 and continues north to Station 42+88.39. From this location, it heads east along San Jose Street and ends at Station 62+00. This request is brought forward to implement a drainage/water quality project approved by Board of County Commissioners.(#20130940-NATURAL RESOURCES)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Enters into the public record the County’s limits of jurisdiction for maintenance and ownership of the drainage conveyance along Brown Road and drainage conveyance along San Jose Street located in Section 34 Township 43 South, Range 27 East, North Fort Myers.

 

MANAGEMENT RECOMMENDATION:

 

Approve said areas shown on the Map for continued maintenance, pursuant to Florida Statutes,

Chapter 95.361.

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

Approve award of Formal Bid No. B-140046 Purchase of Four East Dump Trailers to the low bidder meeting specifications, Wallace International Trucks, Inc, a local vender, at $59,780 per unit or a total price of $239,120.000. (#20130996-SOLID WASTE)

 

FUNDING SOURCE:

 

Fund- Solid Waste System Ops; Program – Disposal Facilities and Solid Waste Recycling; Program Recycling.  Funds included in FY14 budget.

 

WHAT ACTION ACCOMPLISHES:

 

Provides the Division with four reliable dump trailers to transfer ash, glass, and screened-unders to various recycling and disposal facilities.  Trailers will replace old trailers that have completed their economic practicable service life for this duty.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

9.

PARKS AND RECREATION

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve acceptance of a donation of a six passenger golf cart from the Lakes Park Enrichment Foundation (LPEF) for use at Lakes Regional Park.

Adopt a resolution accepting the donation of a golf cart specifically for use at Lakes Regional Park pursuant to the terms and conditions set forth in the resolution. (#20130890-PARKS AND RECREATION)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Provides the County with a vehicle that can be used to enhance the experience of citizens and visitors at Lakes Regional Park.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

9.

PARKS AND RECREATION (Continued)

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Approve the Second Amendment to the Lease Agreement between Lee County and the Greater Miami Baseball Club, LP (aka Fort Myers Miracle) granting a one year extension with respect  to use of the Lee County Sports complex and other agreed upon Parks and Recreation facilities for the 2014 league season. (#20130990-PARKS AND RECREATION)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Allows the continued use of the Lee County Sports Complex by the Fort Myers Miracle for Minor League Baseball activity during the 2014 season; and, allows for usage of Jet Blue or other agreed upon Parks and Recreation facilities from August 1, 2014 until the end of their season.  Provides an opportunity for the County to work with the Fort Myers Miracle to provide for continued Minor League Baseball activity in Lee County for the 2014 season while facilitating the ongoing improvements to the Minnesota Twins Spring Training Facility.  

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

A) Approve and execute License Agreement between Lee County and Canterbury School to outline maintenance responsibilities and usage of Rutenberg Park for their baseball program for a period of five years.  

B) Accept improvements to Rutenberg Park to be provided by Canterbury School in accordance with the provisions of the License Agreement. (#20131008-PARKS AND RECREATION)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Allows Canterbury School to participate in maintenance of Rutenberg Park in exchange for the non-exclusive right to schedule games; additionally, allows Canterbury School to provide improvements to Rutenberg Park baseball facilities at no cost to Lee County.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

10.

PUBLIC SAFETY

 

11.

PUBLIC WORKS ADMINISTRATION

 

12.

TRANSPORTATION

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A)  Award project B-130582 COUNTY-WIDE RESURFACING ROADWAY IMPROVEMENTS, FY 14 CONTRACT 1 to the lowest responsive, responsible bidder meeting all bid requirements, Community Asphalt Corp., LLC, (a local contractor) in the total amount of $1,216,979.00, with a project completion time of 180 calendar days.

B)   Authorize Chair to execute agreement upon receipt. (#20130984-TRANSPORTATION)

 

FUNDING SOURCE:

 

Fund – Transportation Capital Improvement; Program – Major Maintenance; Project – Road Resurfacing. Funds are available in the FY 2013/14 Major Maintenance Program.

 

WHAT ACTION ACCOMPLISHES:

 

Provides a Contractor for the resurfacing of 90 streets in Lehigh Acres.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

12.

TRANSPORTATION (Continued)

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

A)  Award project B-130638 COUNTY-WIDE RESURFACING ROADWAY IMPROVEMENTS, FY 2014 CONTRACT 2 to the lowest responsive, responsible bidder meeting all bid requirements, Ajax Paving Industries of Florida, LLC, (a local contractor) in the total amount of $1,258,200.50, with a project completion time of 180 calendar days.

B)   Authorize Chair to execute agreement upon receipt. (#20130986-TRANSPORTATION)

 

FUNDING SOURCE:

 

Fund – Transportation Capital Improvement; Program – Major Maintenance; Project – Road Resurfacing. Funds are available in the FY 2013/14 Major Maintenance Program.

 

WHAT ACTION ACCOMPLISHES:

 

Provides a Contractor for the resurfacing and rebuilding of 67 local streets located in Fort Myers, East Fort Myers, North Fort Myers, and San Carlos Park.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

A)   Award project CN-130441 GENERAL CONSULTANT / TRAFFIC ENGINEERING FOR TRANSPORTATION FACILITIES AND BOND RELATED ISSUES to CDM Smith, Inc., (a national firm with a local office) in the not-to-exceed amount of $310,366.00 for the first year and $184,473.00 for each additional year, during a contract period of two years with the option to renew for one additional one year period.  

B)   Authorize the Chair to execute the Professional Service Agreement. (#20130988-TRANSPORTATION)

 

FUNDING SOURCE:

 

Fund – Toll Funds (40 % Cape Coral Bridge, 40% Midpoint Bridge and 20% Sanibel Bridge) Program – DOT Tolls; Program – Other Professional Services.

 

WHAT ACTION ACCOMPLISHES:

 

On September 3, 2013, the Board concurred with the selection committee to accept the sole Letter of Interest received and authorized negotiations to commence with CDM Smith, Inc. based on the their clear understanding of the scope for this project, previous experience  in working with Lee County staff and their knowledge and understanding to make evaluations.

Approval of the negotiated contract will provide 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, consistent with bond requirements.  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 Study and Analysis, and will evaluate the impacts of potential County participation in the State’s Centralized Customer Service System. Further, the Consultant will be available, if necessary, to provide expert testimony in judicial or quasi-judicial proceedings regarding toll revenues and existing or proposed revenue producing facilities.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

D)

ACTION REQUESTED/PURPOSE:

 

 

Accept a non-exclusive perpetual right-of-way easement grant for a bikeway/pedestrian way constructed as part of the Goodwill Plantation DOS2006-00304, on Plantation Road in Lee County.

(#20131002-TRANSPORTATION)

 

FUNDING SOURCE:

 

Fund - Transportation Trust; Program - Transportation Operations - Roadway Maintenance. For future maintenance once the asset is contributed to Lee County.

 

WHAT ACTION ACCOMPLISHES:

 

Allows the County perpetual use of a sidewalk constructed as a requirement per the Land Development Code No. 10-256 and provides for the maintenance of the facility by Lee County DOT.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

13.

UTILITIES

 

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. (#20131021-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:

 

 

Board approval and Chairman's signature on the Department of the Treasury, Internal Revenue Service (IRS) Form 8038-CP Return for Credit Payments to Issuers of Qualified Bonds for the Lee County, Florida Tourist Development Tax Revenue Bonds, Series 2010A (Federally Taxable Build America Bonds-Direct Subsidy) ("Series 2010A Bonds"). (#20131022-FINANCE)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

To request from the Department of Treasury via the IRS the April 1, 2014 interest payment subsidy for the Series 2010A Bonds.

 

MANAGEMENT RECOMMENDATION:

 

Approve and sign Form 8038-CP.

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

Board approval and Chairman's signature on the Department of the Treasury, Internal Revenue Service (IRS) Form 8038-CP Return for Credit Payments to Issuers of Qualified Bonds for the Lee County, Florida Tourist Development Tax Revenue Bonds, Series 2010B (Federally Taxable Build America Bonds-Recovery Zone Economic Dev. Bonds-Direct Subsidy) ("Series 2010B Bonds"). (#20131023-FINANCE)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

To request from the Department of Treasury via the IRS the April 1, 2014 interest payment subsidy for the Series 2010B Bonds.

 

MANAGEMENT RECOMMENDATION:

 

Approve and sign Form 8038-CP.

 

 

D)

ACTION REQUESTED/PURPOSE:

 

 

Approve the Minutes for the following meetings of the Board of County Commissioners held during the week of November 25 thru November 29, 2013:  November 25, 2013 (Executive Session).

(#20131029-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:

 

 

Approve Budget Amendments and a transfer from reserves to provide the necessary budgets in FY12-13 for end of year adjustments. (#20130979-COUNTY MANAGER)

 

FUNDING SOURCE:

 

Road Impact Fees – Central District Reserve, MSBU – Corkscrew Road Project – Interest, MSBU – South Pebble Project – Assessments, Utilities Water and Sewer Revenue Reserve:  Bonds – Transfers.

 

WHAT ACTION ACCOMPLISHES:

 

Provide Budget in Funds incurring costs paid out at year end. Allows Finance to close out funds for the yearend audit.  This does not impact General Fund Reserves.  It is for inadvertent under budgeting of a few impact fee and debt service funds.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Approve a Budget Amendment Resolution to allocate excess Fund Balance, carryover Capital Projects and Major Maintenance Projects, and adjust Reserves.  Also, authorize interfund transfers.  Amend FY13/14 - 17/18 Capital Improvement Program accordingly. (#20131010-COUNTY MANAGER)

 

FUNDING SOURCE:

 

Funds – Various Funds; Program – Capital Improvement Program and Major Maintenance Program; Project – Various Projects.

 

WHAT ACTION ACCOMPLISHES:

 

There are two purposes of this blue sheet:

1. Adjust the beginning (10-1-13) fund balances to reflect (or “true-up”) actual revenues, expenses, and ending reserves (instead of estimates) for Capital Projects and Major Maintenance.

2. Amend current budget for authorized budget carryover requests (i.e. funds budgeted in the previous year but not completely expended that need to be carried over due to contractual obligations and/or to complete a project).

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

(1)  Approve budget amendment resolution to allocate excess fund balance and appropriate budget for operational and grant carryovers from FY 12-13 to FY 13-14.

(2)  Approve transfer of funds from reserves and interfund transfers, if necessary, to cover carryover needs. (#20131017-COUNTY MANAGER)

 

FUNDING SOURCE:

 

Various funds based on fund balance and reserves adjustments.

 

WHAT ACTION ACCOMPLISHES:

 

There are two purposes of this blue sheet:

1.  Adjust the beginning (10-1-13) fund balances to reflect (or “true-up”) actual revenues, expenses, and ending reserves (instead of estimates) for operating funds.

2.  Amend current budget for authorized budget carryover requests (i.e. funds budgeted in the previous year but not completely expended that need to be carried over due to contractual obligations and/or to complete a project).

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

1.

COUNTY ADMINISTRATION (Continued)

 

 

D)

ACTION REQUESTED/PURPOSE:

 

 

Approve a Revenue Sharing Agreement between Lee County and the City of Bonita Springs for Bonita Springs' Downtown Area Improvements.  The annual revenue sharing calculation is based on the Taxable Value Increment in the identified area using a base year of 2012.  The county will pay for 25 years, or 50% of the project completion and financing costs, whichever comes first. (#20131024-COUNTY MANAGER)

 

FUNDING SOURCE:

 

County General Funds.  The county's annual share will be 85% of the tax increment in the identified area multiplied by the county's General Fund tax rate.

 

WHAT ACTION ACCOMPLISHES:

 

Provides a half share of the city's cost to complete and finance the improvements, which include funding road and drainage improvements, sidewalks, and some land purchases.  The cost of improvements is estimated at about $16 million.  The basic deal points are as follows:

1) County will participate in 50% of the project and financing costs, or for 25 years, whichever comes first;

2) The annual revenue share will be the Taxable Value Increment for the area (base year 2012) multiplied by the County's General Fund tax rate; the County will retain 15% and pay the City 85%;

3) Construction must commence in three years (by January 1, 2017) or the County can withdraw from the agreement; the Board can extend the construction commencement deadline at its discretion;

4) Following January 1, 2017, every three years the County and City will review the actual results of the redevelopment project as compared to projections; the County and City can end the agreement, by mutual consent, if the parties do not believe the results are adequate.

 

MANAGEMENT RECOMMENDATION:

 

Approve agreement.

 

2.

COMMUNITY DEVELOPMENT

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

1)  Select option for administration of Abandoned Property Registration Program: (a) in-house; (b) outsource to third party via formal solicitation; or, (c) outsource to third party via piggyback on an existing Florida contract.

2)  Set registration fee of $150 by amending External Fees Manual. 

3)  Authorize establishment of one permit representative position in Department of Community Development to assist with the program. 

4)  Approve Budget Resolution for program revenues and expenses.

(#20131026-COMMUNITY DEVELOPMENT)

 

FUNDING SOURCE:

 

This program will generate revenue for Code Enforcement. 
Fund: Unincorporated MSTU Fund; Program: Code Enforcement; Project: Abandoned Property Registration

 

WHAT ACTION ACCOMPLISHES:

 

Implements the Ordinance that was approved by the Board on September 24, 2013.  Establishes the registration fee as required by the ordinance and allows implementation by January 1, 2014.

 

MANAGEMENT RECOMMENDATION:

 

Staff recommends option (b) outsource to third party via formal solicitation process.  DCD will administer the program in the interim by accepting registrations beginning January 1, 2014 until the conclusion of the formal solicitation process, anticipated to take 2 – 3 months.

 

3.

CONSTRUCTION AND DESIGN

 

4.

COUNTY COMMISSIONERS

 


 

5.

COUNTY LANDS

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

(A) Approve Woodring Property Management Agreement with the U.S. Fish and Wildlife Service for the Services’ management of Conservation 2020 Parcel 503, Project No. 8800, a ±3.2-acre property located at 1808 Woodring Road, Sanibel Island;  and                

(B) Authorize the Chair on behalf of the Board of County Commissioners to execute the Agreement. (#20131006-COUNTY LANDS)

 

FUNDING SOURCE:

 

No funds are required for this action.

 

WHAT ACTION ACCOMPLISHES:

 

Approval of an agreement outlining the U.S. Fish and Wildlife Services’ management responsibilities for a ±3.2-acre property to be acquired by Lee County (Conservation 2020 Parcel 503).

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

6.

HUMAN SERVICES

 

7.

INDEPENDENT

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A)  Approve four (4) interlocal agreements, for the provision of stray animal control and enforcement services by Lee County Domestic Animal Services for Fiscal Year 2013-2014, between Lee County and:

     (1) City of Bonita Springs (annual fee of $100,589);

     (2) City of Cape Coral (annual fee of $740,834); 

     (3) City of Fort Myers (annual fee of $446,266); and

     (4) Town of Fort Myers Beach (annual fee of $20,629).

B)  Authorize the Chairman to execute the Interlocal Agreements on behalf of the Board.

(#20130978-ANIMAL SERVICES)

 

FUNDING SOURCE:

 

To be funded by the municipalities requesting contract services and be received by Lee County into the Unincorporated MSTU Fund.

 

WHAT ACTION ACCOMPLISHES:

 

Authorizes Lee County Domestic Animal Services to provide stray animal control and enforcement services to the requesting municipalities for the 2013-2014 fiscal year under the terms and conditions of the respective Interlocal Agreement.  Board approval will also serve to ratify and affirm the provision of services under the terms of the Interlocal Agreement to date.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

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

B.  Allow use of Community Park Impact Fee revenue in adjacent Community Park Districts when benefit to adjacent district can be shown and eliminate the repayment requirement.

(#20130995-PARKS AND RECREATION)

 

FUNDING SOURCE:

 

N/A.

 

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

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A) Approve an Agreement with Park Place Technologies, LLC regarding maintenance for the Lee County Public Safety Data Center hardware for the estimated amount of $26,448.00 for the period of January 1, 2014 to December 31, 2014.  This agreement may be extended for one additional one year period under the same terms and conditions.

B) Authorize execution of the Agreement by the Chairman. (#20130991-PUBLIC SAFETY)

 

FUNDING SOURCE:

 

Fund: General Fund; Program: Public Safety; Dispatch; Project: Communications Maintenance.

 

WHAT ACTION ACCOMPLISHES:

 

This agreement will provide technical support, maintenance and repair for the Emergency Dispatch Center’s primary Computer Aided Dispatch server.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

A) Approve an extension of Contract No. 4626 with Motorola Solutions, Inc., and specifically Maintenance and Support Agreement 110 pertaining to the Division of Public Safety's Premier Computer Aided Dispatch (PCAD) and Premier Mobile Data Computer (PMDC) Systems in the amount of $182,697.00 for a period of one year (October 1, 2013 to September 30, 2014).

B) Authorize the Chairman to execute the Agreement. (#20130992-PUBLIC SAFETY)

 

FUNDING SOURCE:

 

Fund: General Fund; Program: Public Safety; Dispatch; Project: Communication Maintenance.  Funds are part of the FY13-14 adopted budget.

 

WHAT ACTION ACCOMPLISHES:

 

Provides continued maintenance services and support for the existing Premier CAD and Premier MDC Systems purchased from Motorola. These are used by Lee County Emergency Communications Dispatch to: receive and record requests for emergency services from the public and other agencies; provide and share these requests and additional information such as closest units, best suited response, geographic representation of incident locations, best routes to the location, and preloaded information about the locations that may affect the patient outcome or responder safety in a manner that is correct, concise and efficient.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

Adopt by Resolution the Lee County Comprehensive Emergency Management Plan.

(#20131007-PUBLIC SAFETY)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Satisfies State requirements for developing, maintaining and approving a county emergency management plan that addresses preparedness, response, recovery and mitigation activities for hazards that could cause loss of life and property damage to the community.

 

MANAGEMENT RECOMMENDATION:

 

Staff recommends approval.

 


 

10.

PUBLIC SAFETY (Continued)

 

 

D)

ACTION REQUESTED/PURPOSE:

 

 

Approve transfer from Government Communications Network (GCN) reserves in the amount of $1,659,190 to purchase critical upgrades for Public Safety radio system infrastructure. (#20130998-PUBLIC SAFETY)

 

FUNDING SOURCE:

 

The attached projects were submitted during the budget process and budgeted in Reserves for Future Capital Outlay. Funds are available in the Public Safety Government Communications Network (GCN) reserves. GCN reserves are currently $4,254,206.  With the proposed expenses the reserve fund balance will be $2,595,016.

 

WHAT ACTION ACCOMPLISHES:

 

Three of the six Public Safety Answering Points (PSAP-LeeControl, Sanibel PD, Cape Coral PD) have already been updated, and this will continue the project to update the Lee County Sheriff's Office and the Port Authority's PSAPs.  The final update (FMPD) will take place in the FY14-15 fiscal year.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

11.

PUBLIC WORKS ADMINISTRATION

 

12.

TRANSPORTATION

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Authorize the Chair, on behalf of the BoCC, to execute the attached Master Transportation Agreement between Lee County and the Town of Fort Myers Beach regarding future improvements to the Lee County-maintained portion of Estero Boulevard within the Town from the Big Carlos Pass Bridge to the Matanzas Pass Bridge. The purpose of the agreement is to identify each jurisdiction's responsibilities and obligations relating to the improvements contemplated for Estero Boulevard, and to provide a coordinated project that includes roadway, sidewalk, bike path, transit, and utility improvements. (#20131013-TRANSPORTATION)

 

FUNDING SOURCE:

 

No funds needed for execution of the Master Transportation Agreement.  Funds for improvements to Estero Boulevard will be budgeted in the County’s approved five-year capital improvement program, in segments.

 

WHAT ACTION ACCOMPLISHES:

 

Establishes a Master Transportation Agreement with the Town of Fort Myers Beach for future improvements to Estero Boulevard.  More detailed definition of jurisdictional responsibilities as each segment moves forward is expected, through future amendments of this Master Transportation Agreement or in subsequent joint supplemental agreements.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

13.

UTILITIES

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A. Agreement:  Authorize the Chair, on behalf of the BoCC, to execute an Interlocal Agreement with the Town of Fort Myers Beach to work cooperatively on the "Utility Relocation Project within the corporate limits of the Town of Fort Myers Beach," to make the most efficient use of the design-build services under contract with the Town of Fort Myers Beach, where both the Town and Lee County have utility infrastructure in the same geographic location.

B.  Agreement Amendment: Authorize the Chair, on behalf of the BoCC, to execute the proposed amendment to the agreement for "Exhibit C" in the amount of $21,222, which is the design fee for the design-build project, specific to the first phase as determined by the Town. (#20131005-UTILITIES)

 

FUNDING SOURCE:

 

FUNDS: Utilities Capital Improvements; PROGRAM: Capital Projects; PROJECT: Estero Blvd. Force Main Relocation.  (BUDGET:  A portion of this project was initially funded in the FY 11/12 and 12/13 capital improvement budgets and has been carried over to this FY 13/14 capital improvement budget for a total budget amount of $1,825,000.  This project budget will be used for the sewer replacements on the side streets along Estero Boulevard in coordination with the Town of Fort Myers Beach AND the Estero Boulevard force main relocation/replacement project that will be coordinated with Lee County DOT as a separate agreement.)

 

WHAT ACTION ACCOMPLISHES:

 

Provides Lee County with an Interlocal Agreement with the Town of Fort Myers Beach to accommodate utility infrastructure relocation and replacement necessary due to rehabilitation projects pursued by the Town of Fort Myers Beach.  Allows Lee County the use of the Town of Fort Myers Beach design-build contract to relocate and replace wastewater lines that are aged and in need of replacement or lines that must be relocated due to conflicts with the Town’s project.

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 

14.

COUNTY ATTORNEY

 

15.

HEARING EXAMINER

 

16.

CONSTITUTIONAL OFFICERS

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve transfer from General Fund Reserves in the amount of $1,000,000 to comply with the ruling from the Public Employees Relations Commission Order, which requires the Sheriff to pay bonuses to all sergeants and deputies, who were employed on September 26, 2012. (#20131012-SHERIFF)

 

FUNDING SOURCE:

 

Fund--General Fund Reserves.

 

WHAT ACTION ACCOMPLISHES:

 

Comply with ruling. The number of sergeants and deputies meeting this requirement is 502. The one-time bonus totals $1,296,967. Each qualifying employee receives $2,400 plus FICA or approximately $2,583 each, which is the same as the non-union employees received earlier.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

17.

PORT AUTHORITY AND OTHER GOVERNING BOARDS

 


 

9:30 AM PUBLIC HEARING

 

1.

ACTION REQUESTED/PURPOSE:

Approve the Resolution of Intent electing to use the Uniform Method of Collecting Non-Ad Valorem Special Assessments for the two projects:  (1) Cherry Estates CIP Road MSBU (2) Old Pelican Bay Dredging CIP MSBU. (#20130934-PUBLIC RESOURCES)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Section 197.3632, Florida Statutes, requires the Board to approve a Resolution of Intent prior to January 1, for the option to use the Uniform Method of Collection for Non-Ad Valorem Special Assessments on the following November tax bill.  Approving the Resolution of Intent will allow staff to proceed with the collection of non-ad valorem special assessments using the Uniform Method of Collection.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

2.

ACTION REQUESTED/PURPOSE:

Conduct a Public Hearing to adopt a Resolution on Petition to Vacate the public interest in a twelve foot (12') wide Public Utility Easement (PUE) and Drainage Easement (DE) located at 4908 Beauty Street, Lehigh Acres, Florida. (#20130920-COMMUNITY DEVELOPMENT)

 

FUNDING SOURCE:

 

No funding required.

 

WHAT ACTION ACCOMPLISHES:

 

Extinguishes a platted PUE and DE centered on the common lot line between two residential lots. This easement vacation will allow development of the two combined lots as a single parcel permitting construction of a single family residence over the easement area. There are no utilities existing within the easement and the easement is not needed for future utility installation.

 

MANAGEMENT RECOMMENDATION:

 

APPROVAL

 

3.

ACTION REQUESTED/PURPOSE:

Conduct second public hearing on the Fifth Amendment to the FGCU Campus Development Agreement.  The amendment is necessary to implement the recent amendments to the FGCU Campus Master Plan and comply with Florida law, which requires two public hearings for an amendment to a development agreement.

(#20130993-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

N/A

 

WHAT ACTION ACCOMPLISHES:

 

Approval of the Development Agreement will complete the Campus Master Plan process set out in Chapter 1013 of the Florida Statutes.  The Campus Development Agreement process provides a mechanism for the University and the County to identify the University’s proposed campus development over the next five years and to address the potential impact of that development on public facilities and services, including roads, sanitary sewer, solid waste, drainage/storm water management, potable water, parks and recreation, and public transportation.

The 5th Amendment revises the Development Agreement to identify that the University’s Campus Plan for the next five years will not have an impact on the County’s adopted levels of service for transportation, open space and recreation facilities.  The Agreement also identifies that improvements for sanitary sewer, solid waste, potable water, and storm water management are not necessary to accommodate the impacts of the proposed development. 

In addition, Florida Statutes does not require universities to mitigate impacts to public facilities unless the proposed development will degrade adopted levels of service in the County’s comprehensive plan.  The Lee County Comprehensive Plan does not establish a level of service for mass transit facilities. For this reason, FGCU is not legally required to fund mass transit as part of its obligation to mitigate the impact of the development authorized in its Campus Plan.  The Fifth Amendment to the Agreement removes the University’s requirement to fund mass transit service to the campus.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

9:30 AM PUBLIC HEARING

 

4.

ACTION REQUESTED/PURPOSE:

Conduct a public hearing and consider the adoption of an ordinance repealing and replacing existing Lee County Animal Control Ordinance Nos. 06-12 and 09-20. (#20131003-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

No increase to current budget.

 

WHAT ACTION ACCOMPLISHES:

 

1.             Improve the safety and health of citizens and animals;

2.             Increase responsible animal ownership; and

3.             Reduce annual taxpayer expenses by reducing pet overpopulation through non-lethal methods

 

MANAGEMENT RECOMMENDATION:

 

Approve.