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 29, 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 A. J. Neugebauer, Beautiful Savior Lutheran Church

 

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.

Ceremonial presentation recognizing the 50th Anniversary of Edison State College.

(#20130069-Commissioner Mann)

 


 

CONSENT AGENDA

 

1.

COUNTY ADMINISTRATION

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve the Public Official Faithful Performance Bonds. (#20121134-COUNTY MANAGER)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Assures compliance with the provisions of F.S. 137.05 and Lee County Ordinance number 00-25 (copy attached).

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Present to the Board for information and filing the Object Code #504015 Expenditure Detail Report for the first quarter of FY12-13 (October through December 2012) as required by Lee County Ordinance #90-18. (#20130044-COUNTY MANAGER)

 

FUNDING SOURCE:

 

Combination of Human Services, Libraries, Parks & Recreation (Extension Services), Public Resources, Public Safety, Sustainability and Transit.

 

WHAT ACTION ACCOMPLISHES:

 

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

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

A) Approve and execute Agreement between the Lee County Board of County Commissioners and the School Board of Lee County for the Saturday Driver’s Education Program.

B) Authorize release of $44,174.53 from the funds collected through Lee County Ordinance #02-28 Dori Slosberg Driver Safety Education Act.

C) Authorize Chair to execute agreement on behalf of the Board. (#20130053-BUDGET SERVICES)

 

FUNDING SOURCE:

 

Fund: Driver’s Education Trust; Program: Driver’s Ed Fee-Lee P; Project: School Board of Lee County for the Driver’s Education Program.

 

WHAT ACTION ACCOMPLISHES:

 

Provides approval for the release of funds collected for use of the Driver’s Education Program with the School Board of Lee County.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

2.

COMMUNITY DEVELOPMENT

 


 

3.

CONSTRUCTION AND DESIGN

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A)  Concur with the recommendation of the Competitive Negotiations Committee for CN130098 regarding A/E SERVICES FOR IMPROVEMENTS TO THE MINNESOTA TWINS SPRING TRAINING FACILITY and select Populous, Inc.

B) Authorize negotiations with Populous, Inc. as the recommended firm.  The negotiated agreement will be brought back to the Board for approval. (#20130036-CONSTRUCTION AND DESIGN)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Pending successful contract negotiations, approval will establish Populous, Inc. as the entity responsible for providing the professional architectural and engineering services required to move forward with improvements to the Lee County Sports Complex, and specifically, the Minnesota Twins Spring Training Facility as approved by the Board on November 6, 2012 via Blue Sheet No. 20120979.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

A)  Concur with the selection and ranking by the Qualifications Evaluation Committee under project RFQ130104 CONSTRUCTION MANAGEMENT SERVICES FOR IMPROVEMENTS TO THE MINNESOTA TWINS SPRING TRAINING FACILITY as follows:  Number 1 - Manhattan Twins Joint Venture; Number 2 - Mortenson/Gates, A JV; Number 3 - O-A-K/Suffolk/Tobler Joint Venture.

B) Authorize staff to negotiate a contract with the Number 1 ranked firm, Manhattan Twins Joint Venture with the understanding that the negotiated agreement will be brought back to the Board for approval. (#20130037-CONSTRUCTION AND DESIGN)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Provides Construction and Design with a source for the professional construction management services that will be required for the improvements to the Minnesota Twins Spring Training Facility, as approved by the Board (Blue Sheet No. 20120979) on November 6, 2012.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

4.

COUNTY COMMISSIONERS

 

5.

COUNTY LANDS

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A) Approve Purchase Agreement for acquisition of three parcels identified as Parcel 115, a 481 square foot (sf) fee interest, Parcel 115PE, a 6,713 sf perpetual slope easement (PE) interest, and Parcel 115TCE, a 315 sf temporary construction easement (TCE), for Homestead Road Widening, Project No. 5063, in the amount of $8,000.  These parcels are located along the west side of Homestead Road north of Marble Brook Boulevard;

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. (#20130041-COUNTY LANDS)

 

FUNDING SOURCE:

 

Fund: Road Impact Fees - Central District; Program: Capital Projects; Project: Homestead Road Widening Project No. 5063.

 

WHAT ACTION ACCOMPLISHES:

 

Acquires the necessary parcels without using Eminent Domain.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

6.

HUMAN SERVICES

 

7.

INDEPENDENT

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A)  Approve the interlocal agreement, for the provision of stray animal control and enforcement services by Lee County Domestic Animal Services for Fiscal Year 2012-2013, between Lee County and the Town of Fort Myers Beach (annual fee of $79,144).

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

(#20130043-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 2012/2013 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.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

1) Approve the electronic submission of Federal Transit Administration (FTA) 49 USC 5309 Discretionary Program grant application FL-04-0169 in the amount of $1,309,200.00 for deployment of informational kiosks at key locations including the new VA Health Care Center in Cape Coral and implementation of vehicle arrival notification system for LeeTran's buses.

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. (#20130048-TRANSIT)

 

FUNDING SOURCE:

 

100% Funded by the Federal Transit Administration.  Fund:  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 $1,309,200.00 for deployment of kiosks and for implementation of vehicle locators.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

8.

NATURAL RESOURCES/SOLID WASTE

 

9.

PARKS AND RECREATION

 

10.

PUBLIC SAFETY

 

11.

PUBLIC WORKS ADMINISTRATION

 

12.

TRANSPORTATION

 


 

13.

UTILITIES

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - Pope John XXIII Villas (BS 20130033/26339, MMM/SDG):  1) Approve final acceptance, by Resolution and recording of three (3) utility easements, and re-recording of one (1) utility easement;  also,  2) Authorize the Chair, on behalf of the BoCC, to sign the Joinder-Second Mortgagee form in this transaction, as a donation of a water main extension, one potable water service, one 8'' fire line, and a force main extension, to provide potable water service, fire protection and sanitary sewer service to 'POPE JOHN XXIII VILLAS', a recently constructed assistant living facility.  This is a Developer contributed asset project located along the east side of Appaloosa Lane approximately ¼ mile north of Daniels Road. (#20130033-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.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

A) Approve award of Formal Quotation No. B-130043, The Annual Purchase of Water, Sewer, and Irrigation Materials for Utilities, to the following vendors meeting specifications: Ferguson Enterprises, Inc. DBA Ferguson Waterworks (Local Presence); HD Supply Waterworks, Ltd (Local Presence); and, Fortiline Inc. DBA Fortiline Waterworks (Local Presence) at discounts and prices as listed on the attached Lee County Tabulation sheet for an initial term of one year.

B) Grant the Procurement Management Director the authority to (1) renew this quote for four additional one-year periods, at the same term and conditions, if doing so in the best interest of Lee County; and, (2) exercise the price revision clause as per the specifications on an as-needed-basis. 

C) Approve an estimated expenditure of approximately $4,000,000 annually for these commodities. (#20130051-UTILITIES)

 

FUNDING SOURCE:

 

Funds-Lee County Utilities Operations; Lee County Utilities Capital Improvements; Programs-Water Treatment Plants, Wastewater Treatment Plants, Water Distribution, Wastewater Collection, Green Meadows WTP Expansion, Olga WTP Reservoir & Plant Improvements, Inflow & Infiltration Improvements; Projects-Equipment Repair Parts, Maintenance Materials.  The Lee County Utility operating budget includes funding for on-going maintenance materials.

 

WHAT ACTION ACCOMPLISHES:

 

Will allow Lee County Utilities to purchase miscellaneous parts and products locally, and obtain the necessary support from the identified vendors on an as needed basis, in a cost effective, efficient, and timely manner.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

14.

COUNTY ATTORNEY

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Request authorization to advertise for and conduct a Public Hearing on February 26, 2013, at 9:30 a.m., in Chambers to consider the adoption and execution of a proposed ordinance amending and restating Lee County Ordinance No. 07-01, cited as the Senior Citizen Additional Homestead Exemption Ordinance, providing for an additional homestead exemption up to Fifty Thousand 00/100 Dollars ($50,000) to any person who has the legal or equitable title to real estate and maintains thereon permanent residence of the owner, who has attained age sixty-five (65) and older, and whose household income does not exceed certain income limits; or providing an exemption equal to the assessed value of the property to any person who has the legal or equitable title to real estate with a just value less than Two Hundred and Fifty Thousand 00/100 Dollars ($250,000), and who has attained the permanent residence of the owner for not less than twenty-five (25) years, and who has attained age sixty-five (65) and older and whose household income does not exceed certain income limits. (#20130054-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Sets Public Hearing date and time for February 26, 2013, at 9:30 a.m. to allow the process to go forward.

 

MANAGEMENT RECOMMENDATION:

 

Set Public Hearing date and time for February 26, 2013, at 9:30 a.m.

 

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. (#20130067-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:

 

 

Present for information purposes interim reporting on selected financial activity. (20130068-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.

 


 

16.

CONSTITUTIONAL OFFICERS (Continued)

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

Approve the Minutes for the following meetings of the Board of County Commissioners held during the week of January 14 thru January 18, 2013:  January 14, 2013(Management & Planning), January 14, 2013 (Special BoCC at Port), January 15, 2013 (Regular), January 16, 2013 (CPA Workshop).

(#20130071-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:

 

 

Authorize Administration to pursue selection of bond counsel, preparation of a Request for Proposal (RFP) for underwriters and development of documents for the issuance of the Water and Sewer Refunding Revenue Bonds, Series 2013A and as part of the issuance of bonds for the expansion of the Green Meadows Water Treatment Plant with a bond issue now called the Water and Sewer Revenue Bonds, Series 2013B. (#20130074-COUNTY MANAGER)

 

FUNDING SOURCE:

 

Bond Proceeds.

 

WHAT ACTION ACCOMPLISHES:

 

BoCC approval is requested prior to preparation of documents.

 

MANAGEMENT RECOMMENDATION:

 

Allows for selection of bond counsel, Request for Proposal (RFP) for underwriters and the preparation of documents for the Water and Sewer Refunding Revenue Bonds, Series 2013A and the Water and Sewer Revenue Bonds, 2013B. 

 

2.

COMMUNITY DEVELOPMENT

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Concur with the selection and ranking by the Qualifications Evaluation Committee under project RFQ130028 Lehigh Acres Activity Centers Planning and Design Study for the Division of Planning as follows:

A)  Number 1 - EnSite, Inc. (a local firm); Number 2 - RWA Consulting, Inc (a local firm); and

B)  Authorize staff to negotiate a contract with the Number 1 ranked firm, EnSite, Inc., to prepare an engineering and design evaluation; and

C)  Approve an expenditure of $556,800, which was budgeted by the Board at the September 19, 2012 budget public hearing; and

D) Authorize Chair, on behalf of the Board, to execute the Agreement upon completion of the final negotiations. (#20130011-COMMUNITY DEVELOPMENT)

 

FUNDING SOURCE:

 

Budget approved by Board September 19, 2012. Budgeted in unincorporated MSTU/community planning.  Program – Planning; Project – Lehigh Acres Activity Centers.

 

WHAT ACTION ACCOMPLISHES:

 

Determines infrastructure needs to develop Downtown Lehigh and one neighborhood center.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

3.

CONSTRUCTION AND DESIGN

 

4.

COUNTY COMMISSIONERS

 

5.

COUNTY LANDS

 

6.

HUMAN SERVICES

 

7.

INDEPENDENT

 


 

8.

NATURAL RESOURCES/SOLID WASTE

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

1. Approve the request to change the ownership and control of the Solid Waste and Recycling Collection Franchise Contractor, Veolia ES Solid Waste Southeast, Inc. ("Veolia") owned by Veolia ES Solid Waste of North America, LLC, to ADS Waste Holdings, Inc.  

2. Authorize the Chairman and the Solid Waste Division to sign all necessary documents, as appropriate, to complete this transfer/assignment of the two franchise agreements (e.g., contract amendments provide for such change, insurance, bond, guarantee, etc.).   Veolia holds the franchise solid waste and recycling collection contracts for service areas 1 and 2 (Lee Contract Nos. 5170 and 5171 respectively).  Franchise Area 1 is comprised primarily of the Bonita Springs area and the Town of FM Beach.  Franchise Area 2 is comprised of the Iona/McGregor area and the south unincorporated area west of US Route 41.  For informational purposes, the local operating company referred to above as Veolia will change its name to "Advanced Disposal Services Solid Waste Southeast, Inc." (#20130055-SOLID WASTE)

 

FUNDING SOURCE:

 

No funds required.

 

WHAT ACTION ACCOMPLISHES:

 

Confirms the Board’s approval to transfer/assign the Solid Waste and Recycling Collection Franchise Contracts Nos. 5170 and 5171 and their contracted operating companies (Veolia) to a different parent company.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

(1)  Approve Amendment No. 1 to the Solid Waste and Recycling Collection Franchise Agreement with Choice Environmental Services of Lee County, Inc. (Choice), for  service area number 4 (Lee Contract No. 5188), providing for the contractor's request to change the ownership and control of  Choice  from  (parent company) Swisher Hygiene, Inc., to Waste Services of Florida, Inc.  Franchise service area 4 is comprised of unincorporated areas of Lee County in Lehigh Acres, Buckingham, Alva, and the Palm Beach Blvd. area east of I-75.   

(2)  Authorize the Chairman to sign the Amendment and the Solid Waste Division (as appropriate) to execute all necessary documents, upon receipt (e.g. insurance, bond, guarantee, etc.). 

(3)  Approve a change to the Collection Agreement that will incorporate the use of 65-gallon carts for residential recycling collection services.  This change will require the County to purchase and distribute approximately 41,000 wheeled recycling carts in service area 4 and pay Choice $0.96 per residential unit per year for servicing such recycling carts. (#20130056-SOLID WASTE)

 

FUNDING SOURCE:

 

No funds necessary for items 1 and 2 (above).  Approximately $1,800,000 of Solid Waste Enterprise Reserve funds will be required for item no. 3 of the motion, and if approved, will be administered and returned to the Board through a separate agenda item (blue sheet) related to the purchase of the recycling carts.

 

WHAT ACTION ACCOMPLISHES:

 

Confirms the Boards approval to transfer/assign the Solid Waste and Recycling Collection Franchise Agreement (contract #5188) and the contracted operating company (Choice) to a different parent company in accordance with Section 38 of the Agreement.  Item 3 of the motion will enhance residential recycling participation as has been demonstrated in franchise areas 1 and 2 and in the cities of Cape Coral and Ft. Myers where wheeled recycling carts have already been provided (i.e., approximately 50% of current residential customers).

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

9.

PARKS AND RECREATION

 

10.

PUBLIC SAFETY

 

11.

PUBLIC WORKS ADMINISTRATION

 


 

12.

TRANSPORTATION

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A) Award B-130009 ANNUAL CONTRACT FOR COUNTY-WIDE MINOR SIGNALIZATION to the two lowest responsive, responsible bidders, E.B. Simmonds Electrical, Inc. (a local vendor) and Traffic Control Devices, Inc. for a period of one year with the option to renew for one additional one year period.   

B) Approve an annual estimated expenditure in the amount of $550,000.

C) Authorize Chair to execute the Agreements upon receipt. (#20130012-TRANSPORTATION)

 

FUNDING SOURCE:

 

Fund – Transportation Trust Fund and Transportation Capital Improvement; Project - Various Projects.

 

WHAT ACTION ACCOMPLISHES:

 

Provides the County with two contractors to provide traffic signalization and street light work county-wide.   Projects will consist of construction (installation/re-installation) and rebuilding of traffic signals and street lights. This contract will also be used in the event of a natural or man-caused hazard.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

13.

UTILITIES

 

14.

COUNTY ATTORNEY

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve offer of settlement in the amount of $2 million dollars pursuant to settlement discussions with Tex Development Corporation in connection with ongoing and anticipated eminent domain proceedings to acquire rights to support stormwater management for the southern extension of Three Oaks Parkway. (#20130052-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

Three Oaks South: 20404330700 - DOT Capital Improvement Fund.

 

WHAT ACTION ACCOMPLISHES:

 

Resolves all legal issues surrounding the County’s acquisition of property interests necessary to support the stormwater drainage for the Three Oaks Parkway southern extension. Allows for transfer of property interests to accommodate slope and drainage improvements on Tex Property.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

15.

HEARING EXAMINER

 

16.

CONSTITUTIONAL OFFICERS

 

17.

PORT AUTHORITY AND OTHER GOVERNING BOARDS

 


 

WALK ON AGENDA

 

1.

Present a ceremonial resolution recognizing Melvin Morgan. (#20130102-Commissioner Mann)