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

John E. Manning                 Cecil L Pendergrass                 Larry Kiker                               Vacant                                           Frank Mann

                                                Chair                                          Vice Chair


Roger Desjarlais                                                                                                                                    Andrea R. Fraser

County Manager                                                                                                                                            Interim County Attorney

October 15, 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 Dr. Randy Moody, Buckingham Presbyterian 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 White Cane Awareness Day. (#20130831-Commissioner Manning)

 

2.

Ceremonial presentation recognizing 4-H. (#20130832-Commissioner Mann)

 


 

CONSENT AGENDA

 

1.

COUNTY ADMINISTRATION

 

2.

COMMUNITY DEVELOPMENT

 

3.

CONSTRUCTION AND DESIGN

 

4.

COUNTY COMMISSIONERS

 

5.

COUNTY LANDS

 

6.

HUMAN SERVICES

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

(1.) Approve FY2013-2014 contract for mental health and substance abuse services with SalusCare, Inc. as adopted at the final budget hearing on September 18, 2013.

(2.) Approve FY2013-2014 contract for Adult Criminal Drug Court services with SalusCare, Inc. as adopted at the final budget hearing on September 18, 2013.

(3.) Approve FY2013-2014 contract for state mandated initial medical exams and consultations for allegedly abused children with Children's Advocacy Center of SW Florida, Inc., as adopted at the final budget hearing on September 18, 2013.

(4.) Authorize Board Chair to sign all three contracts once signed by the agencies, as well as future amendments that do not substantially alter the original intent of the contract.

(#20130819-HUMAN SERVICES)

 

FUNDING SOURCE:

 

Fund – General Fund; Program – State Mandated Programs; Projects – SalusCare/Adult Criminal Drug Court/Child Protection Team Exams Funds are available in business unit FC5610100100.

 

WHAT ACTION ACCOMPLISHES:

 

Provides county funding for mental health and substance abuse services, Adult Criminal Drug Court services and initial medical exams/consultations for allegedly abused children.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Approve and execute a contract between the State of Florida, Department of Health and the Lee County Board of County Commissioners for services to be provided by the Department of Health in Lee County (DOH-Lee County) from October 1, 2013 through September 30, 2014, providing, $1,975,872 in cash and additional in-kind resources, as adopted at the final budget hearing on September 18, 2013.

 (#20130835-HUMAN SERVICES)

 

FUNDING SOURCE:

 

Fund - General Fund; Program – Health Department - State Health Program; Project - Public Health Services

Funds are available in business unit FC5610100100.

 

WHAT ACTION ACCOMPLISHES:

 

Provides county funding and support to the DOH-Lee County in the amount of $1,975,872 for public health services, allows for the retention of the county assessed portion of public health fees and other revenues and in-kind services. 

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

7.

INDEPENDENT

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

(A) Approve an increase in the annual expenditure allowed under Project No. Q-110237 from $123,509.76 to $160,000 for the provision of janitorial services for the Constitutional Complex, Human Services Building, and Hough Street Warehouse as awarded to United States Service Industries.

(B) Grant permission to continue to utilize the Quote for the duration of the contract - currently through October 16, 2014 with options to renew for two additional one year periods.

(C) Grant Procurement Director the authority to approve annual increases for these services in accordance with the terms of the purchase agreement and based on the Consumer Price Index.

(D) Retroactively approve the expenditure of $24,541.68 via Purchase Order #13337519 issued to United States Service Industries on September 4, 2013 under Emergency No. EE130652.

(#20130812-FACILITIES SERVICES)

 

FUNDING SOURCE:

 

Fund: Facilities Maintenance/Facilities Maintenance/General Fund/Janitorial Services/Constitutional Complex; General Fund/Construction and Design/Janitorial Services; and Human Services/Admin/Clerical/General Fund/Janitorial Services-Human Services.

 

WHAT ACTION ACCOMPLISHES:

 

Provides Facilities Services with the ability to provide janitorial services additional geographically relevant properties under the existing Quote #Q-110237 from United States Service Industry.

 

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 ranking by the Competitive Negotiations Committee for project CN130508 ALICO ROAD WIDENING FROM EAST OF BEN HILL GRIFFIN PARKWAY TO AIRPORT HAUL ROAD in the following order:  1) Johnson Engineering, Inc., 2) Hole Montes, Inc., 3) AIM Engineering & Surveying, Inc.

B)   Authorize negotiations to commence with the number one ranked firm.

(#20130829-TRANSPORTATION)

 

FUNDING SOURCE:

 

No funds required for this action.

 

WHAT ACTION ACCOMPLISHES:

 

Provides Consultant for the development of roadway design plans and utility relocation/replacements plans for the widening of Alico Road to four lanes, expandable to six lanes in the future, from East of Ben Hill Griffin Parkway to Airport Haul Road.  The roadway design must also consider alternative modes of transportation, including pedestrians, bicycles and transit.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

13.

UTILITIES

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - Verwest Dental Office (BS 20130811/27136, MMM/SDG):  Approve final acceptance, by Resolution and recording of one (1) utility easement, as a donation of water and gravity main extensions, to provide potable water service, fire protection and sanitary sewer service to the recently constructed ''VERWEST DENTAL OFFICE''. This is a Developer contributed asset project located along the east side of Summerlin Road approximately ¼ mile south of Cypress Lake Drive. (#20130811-UTILITIES)

 

FUNDING SOURCE:

 

No funds required for this action.

 

WHAT ACTION ACCOMPLISHES:

 

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

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - The Preserve at Corkscrew, Phase 2C (BS 20130776/27100, 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 PRESERVE AT CORKSCREW, PHASE 2C'', a phased residential development.  This is a Developer contributed asset project located on the south side of Corkscrew Road approximately 2 miles east of Ben Hill Griffin Road. (#20130776-UTILITIES)

 

FUNDING SOURCE:

 

No funds required.

 

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.

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - Auto Pride Collision Center (BS 20130804/27129, MMM/SDG):  Approve final acceptance, by Resolution and recording of one (1) utility easement, as a donation of one 6'' diameter fire line, to provide fire protection to ''AUTO PRIDE COLLISION CENTER'', an existing commercial business. This is a Developer contributed asset project located along the south side of Andrea Lane approximately ½ mile east of South Tamiami Trail. (#20130804-UTILITIES)

 

FUNDING SOURCE:

 

No funds required for this action.

 

WHAT ACTION ACCOMPLISHES:

 

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

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 


 

14.

COUNTY ATTORNEY

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve and execute Funding Agreement between Lee County and the Lee County Legal Aid Society, Inc. for County funding of legal aid in the amount of $349,614 for the period October 1, 2013 through September 30, 2014. (#20130823-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

Fund: General Fund and Other Court Related Programs Fund; Program: Legal Aid; Project: Legal Aid Society. Other Court Related Programs Fund is criminal court fees collected pursuant to Lee County Ordinance No. 04-09.

 

WHAT ACTION ACCOMPLISHES:

 

Finalizes the Funding Agreement with the Lee County Legal Aid Society, Inc. to provide competent legal advice and representation to the poor and indigent residents of Lee County for family law matters. Florida Statutes Section 29.008 requires local government funding for indigent legal services.

 

MANAGEMENT RECOMMENDATION:

 

Approve and execute Agreement.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Approve and execute Funding Agreement between Lee County and the Florida Rural Legal Services, Inc. for County funding of legal aid in the amount of $180,807 for the period October 1, 2013 through September 30, 2014. (#20130824-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

Fund: General Fund and Other Court Related Programs Fund; Program: Legal Aid; Project: Florida Rural Legal Services. Other Court Related Programs Fund is criminal court fees collected pursuant to Lee County Ordinance No. 04-09.

 

WHAT ACTION ACCOMPLISHES:

 

Finalizes the Funding Agreement with the Florida Rural Legal Services, Inc. for legal services to the poor and indigent residents of Lee County in landlord/tenant, family law matters, home foreclosures, etc. Florida Statutes Section 29.008 requires local government funding for indigent legal services.

 

MANAGEMENT RECOMMENDATION:

 

Approve and execute Agreement.

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

Approve and execute Funding Agreement between Lee County and the Statewide Guardian ad Litem Office, for the State of Florida, Twentieth Judicial Circuit, to fund State personnel positions for the local Guardian ad Litem Program. (#20130826-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

Fund: General Fund; Program: Guardian ad Litem; Project: Data Management Positions.

 

WHAT ACTION ACCOMPLISHES:

 

Approval of the Agreement provides funding for 1.5 Full-time Equivalent State Employee Data Collection and Measurement Personnel in the Guardian ad Litem Office. Pursuant to State law, the Board of County Commissioners is asked to fund 1.5 State employee positions at a budgeted total of $57,000 for the local program.

 

MANAGEMENT RECOMMENDATION:

 

Approve and execute Agreement.

 


 

14.

COUNTY ATTORNEY (Continued)

 

 

D)

ACTION REQUESTED/PURPOSE:

 

 

Approve and execute Funding Agreement between Lee County and the Public Defender for the State of Florida, Twentieth Judicial Circuit, for utilization of attorneys and certain support staff.

(#20130827-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

Fund: General Fund and Court Technology Fund; Program: Public Defender; Project: Attorney and support staff positions.

 

WHAT ACTION ACCOMPLISHES:

 

The Board of County Commissioners has previously entered into an agreement with the Public Defender providing for Assistant Public Defenders for the purpose of defending violators of county ordinances and assisting with Board criminal justice programs.

 

MANAGEMENT RECOMMENDATION:

 

Approve and execute Agreement.

 

 

E)

ACTION REQUESTED/PURPOSE:

 

 

Approve and execute Funding Agreement between Lee County and the State Attorney for the State of Florida, Twentieth Judicial Circuit, for utilization of attorneys and certain support staff.

(#20130830-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

Fund: General Fund and Court Technology Fund; Program: State Attorney; Project: Attorney and support staff positions.

 

WHAT ACTION ACCOMPLISHES:

 

Chapter 27, Florida Statutes, provides that the County may contribute additional funding for the State Attorney’s Office by contract. Approval of the Agreement provides funding for enforcement of county ordinances and other services by the State Attorney.

 

MANAGEMENT RECOMMENDATION:

 

Approve and execute Agreement.

 

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. (#20130833-FINANCE)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Florida Statute Chapter 136.06(1) requires that all County disbursements be recorded in the Minutes of the Board.

 

MANAGEMENT RECOMMENDATION:

 

Compliance with the requirements of FS 136.06(1).

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Approve the Minutes for the following meetings of the Board of County Commissioners held during the week of September 23 thru September 27, 2013:  September 24 2013 (Regular), September 25, 2013 (Transmittal Hearing), September 26, 2013 (Strategy Workshop). (#20130840-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

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A) Approve a Construction Management Agreement for Phase IB under RFQ130104 CONSTRUCTION MANAGEMENT SERVICES FOR IMPROVEMENTS TO THE MINNESOTA TWINS SPRING TRAINING FACILITY, to Manhattan Twins A Joint Venture (a local firm), for the Guaranteed Maximum Price (GMP) of  $14,164,333 (includes CM Fee of $615,172 or 4.75%).

B) Approve a waiver of the formal procurement process (if needed) and authorize the use of the Direct Material Purchase Orders in accordance with the terms of the Construction Management agreement, which allows the County to purchase directly from suppliers of equipment and/or material as a cost/time saving measure.

C) Authorize purchases in an amount not to exceed $3 million and using approved procurement procedures (i.e. state contract procurement procedures) for furniture and equipment, including but not limited to furniture and dining equipment for the Academy and IT equipment to be installed throughout the Facility.   The purchase of this furniture and equipment is not included in the total GMP 2 for Phase 1B. Pursuant to previous agreement, the Minnesota Twins will provide $2 million to fund the furniture and equipment purchases for Phase 1B.

D) Authorize the Chair to execute the Construction Management agreement upon receipt.

(#20130818-CONSTRUCTION AND DESIGN)

 

FUNDING SOURCE:

 

Fund – Tourist Development Tax Revenue Bonds 2013; Program – Capital Project; Project – Twin Spring Training Improvements. This project was planned and is included in the FY 12/13 CIP budget which will be carried over to the new fiscal year FY 13/14.

 

WHAT ACTION ACCOMPLISHES:

 

Provides construction management services for Phase IB improvements to the Twins Spring Training Facility, which includes vertical construction of the player academy, 360 degree boardwalk and the minor league clubhouse. This Agreement is the second in a series of three that will be executed with Manhattan Twins A Joint Venture in order to complete the proposed improvements to the Minnesota Twins Spring Training Facility.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

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

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Authorize the Chair to execute the attached Interlocal Agreement with the City of Cape Coral that specifies maintenance responsibilities for sections of Cape Coral Parkway, Del Prado Boulevard and Hancock Bridge Parkway.  Under the terms of the agreement, the City will continue to maintain the enhanced landscaping on these roadways, including median mowing, and street sweeping, and the County will reimburse the City for the cost of a core-level of maintenance. The cost to Lee County will not exceed $70,000 in a twelve-month period. (#20130822-TRANSPORTATION)

 

FUNDING SOURCE:

 

Fund – Transportation Trust; Program – DOT Operations-Roadway; Project – Payments to the City of Cape Coral.

 

WHAT ACTION ACCOMPLISHES:

 

Authorizes the Chair to execute an Interlocal Agreement with the City of Cape Coral that defines the maintenance responsibilities for sections of Cape Coral Parkway, Del Prado Boulevard and Hancock Bridge Parkway.  The Agreement specifies the procedures, rights, duties and obligations which apply to the maintenance of specified areas of the right-of-way of portions of Cape Coral Parkway, Del Prado Boulevard and Hancock Bridge Parkway.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

13.

UTILITIES

 

14.

COUNTY ATTORNEY

 

15.

HEARING EXAMINER

 

16.

CONSTITUTIONAL OFFICERS

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Appoint a member of the Board of County Commissioners to serve on the 2013 Value Adjustment Board (VAB) to replace the resigning Commissioner.  Commissioner Kiker is currently a member of the VAB, however

a)            Pursuant to §194.015 F.S., the VAB "…shall consist of two members of the governing body of the county as elected from the membership of the board of said governing body, one of whom shall be elected chairperson..."

b)            Pursuant to §12D-9.004(1)(a), "Every county shall have a value adjustment board which consists of: (a) Two members of the governing body of the county, elected by the governing body from among its members, one of whom shall be elected as the chairperson of the value adjustment board…", and

c)             Pursuant to §12D-9.004(2)(a), "Each elected member of the value adjustment board shall serve on the board until he or she is replaced by a successor elected by his or her respective governing body or school board or is no longer a member of the governing body or school board of the county.

(#20130841-MINUTES)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Identifies the second of two Board of County Commissioners representatives for the VAB as required by Florida Statute §194.015 and Florida Administrative Code 12D-9.004(1) & (2).

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

17.

PORT AUTHORITY AND OTHER GOVERNING BOARDS