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                                                                                                                             Andrea R. Fraser

Interim County Manager                                                                                                                               Interim County Attorney

March 26, 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 Peter Cova, Life Church

 

Pledge of Allegiance

 

Ceremonial Presentations

 

Recap

 

Public Comment on the Consent and Administrative Agenda

 

                                Presentation by Auditors Cherry Bekaert on the County’s 2012 Financial Statements and Audit

 

                                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.

Ceremonial presentation recognizing Lee Tran as System of the Year. (#20130257-Commissioner Pendergrass)

 


 

CONSENT AGENDA

 

1.

COUNTY ADMINISTRATION

 

2.

COMMUNITY DEVELOPMENT

 

3.

CONSTRUCTION AND DESIGN

 

4.

COUNTY COMMISSIONERS

 

5.

COUNTY LANDS

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A) Approve Purchase Agreement for acquisition of four parcels identified as Parcel 108, a 13,278 square foot (sf) fee interest, Parcel 108PE, a 2,582 sf perpetual easement (PE) interest, and Parcels 108TCE1 and TCE2, two temporary construction easements (TCE) of 238 sf and 933 sf respectively, for Homestead Road Widening, Project No. 5063, in the amount of $31,600.  These parcels are located on the northerly part of improved property at 130 Homestead Road South;

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. (#20130228-COUNTY LANDS)

 

FUNDING SOURCE:

 

Fund: Road Impact Fees - Central District; Program: Capital Projects; Project: Homestead Road Widening Project No. 5063. Funds are included in the FY 12/13 budget.

 

WHAT ACTION ACCOMPLISHES:

 

Acquires the necessary parcels without using Eminent Domain.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

A) Accept Quit-Claim Deed for right-of-way necessary for the Dewberry Lane Special Improvement MSBU for maintenance of existing roads and streetlights;

B) Authorize the Division of County Lands to handle and accept all documentation necessary;

C) Authorize payment of recording fees. (#20130229-COUNTY LANDS)

 

FUNDING SOURCE:

 

Fund – Dewberry Lane Special Improvement Unit; Program – Road and Street Repairs.

 

WHAT ACTION ACCOMPLISHES:

 

Acquisition of right-of-way via Quit-Claim Deed from benefitted property owner.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

6.

HUMAN SERVICES

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

1.) Accept a $5,000 cash donation from a donor to the Department of Human Services; 2.)  Approve an FY2012-2013 Budget Amendment Resolution for $5,000. (#20130239-HUMAN SERVICES)

 

FUNDING SOURCE:

 

Fund-Children's Donation Fund; Program-Social Services, Family Services Unit; Project-Partnership in Family Building (PIFB).

 

WHAT ACTION ACCOMPLISHES:

 

Provides $5,000 to the Department of Human Services allowing the Family Self Sufficiency Program to meet unique needs of homeless families and children.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

7.

INDEPENDENT

 

8.

NATURAL RESOURCES/SOLID WASTE

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve a funding assistance agreement with the Florida Department of Environmental Protection (FDEP) for beach restoration at Blind Pass.  (Agreement No. 13LE1, Blind Pass Ecozone Restoration Project)  (#20130241-NATURAL RESOURCES)

 

FUNDING SOURCE:

 

FDEP Funding:  Fund – General Revenue Fund (FDEP Reimbursement); Program – Marine Sciences Projects; Project – Blind Pass Ecozone Restoration.  Lee County Funding:  Fund – Capital Improvement Tourist Development Beach Projects; Program – Marine Sciences Projects; Project – Blind Pass Ecozone Restoration. Funds are included in the FY12/13 Major Maintenance budget.

 

WHAT ACTION ACCOMPLISHES:

 

Establishes the relative contributions of FDEP and County toward the Blind Pass Ecozone Restoration Project which consists of maintenance dredging between Sanibel and Captiva Islands to maintain the tidal flushing of Pine Island Sound.

 

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 - Scanlon Lexus (BS 20130220/26529, MMM/SDG):  Approve final acceptance, by Resolution and recording of one (1) utility easement, as a donation of a water main extension, one potable water service, two relocated potable water services, one fire hydrant, and one 6''diameter fire line to provide potable water service and fire protection to the recently redeveloped ''SCANLON LEXUS''. This is a developer contributed asset project located along the west side of S. Tamiami Trail approximately ¼ mile north of Gladiolus Drive. (#20130220-UTILITIES)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

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

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 


 

13.

UTILITIES (Continued)

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - McDonald's at U.S. 41 and Six Mile (BS 20130225/26534, MMM/SDG):  Approve final acceptance, by Resolution and recording of one (1) utility easement, as a donation of one potable water service, one relocated fire hydrant, and one sewer service, to provide potable water service, fire protection and sanitary sewer service to the recently constructed ''MCDONALD'S AT U.S. 41 AND SIX MILE''.  This is a Developer contributed asset project located along the east side of S. Tamiami Trail approximately 1,000'' south of Ben C. Pratt Six Mile Cypress Parkway. (#20130225-UTILITIES)

 

FUNDING SOURCE:

 

N/A.

 

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.

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

(1) Approve a construction contract under RFQ-09-07 DEEP INJECTION WELL AND MONITORING WELL CONSTRUCTION, MODIFICATION, REPAIR, GEOPHYSICAL LOGGING AND MECHANICAL INTEGRITY TESTING, for the project known as North Lee County Water Treatment Plant, Deep Injection Well Injection Piping Valve Replacement to Youngquist Brothers, Inc. (local firm), in the Lump Sum amount of $216,812.00 with a total project completion time of 300 calendar days.

(2) Authorize Chair to execute contract on behalf of the Board.

(3) Grant the Lee County Utilities Director the discretion to approve expenditures for construction contingency and other incidental project costs in an amount not to exceed $21,681.00 (10% of the construction contract amount). (#20130226-UTILITIES)

 

FUNDING SOURCE:

 

Fund: Utilities Rehabilitation & Replacements; Program: Major Maintenance; Project: Water Treatment Plant Rehabilitation & Replacements.  Funds for this project are included in the FY12/13 CIP.  Funds are allocated each year to maintain the water system by making major equipment replacements or rehabilitations at the water treatment plants.

 

WHAT ACTION ACCOMPLISHES:

 

Provides mechanical installation services and material for the replacement of the Deep Injection Well injection piping valves at the North Lee County Water Treatment Plant.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

D)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - North Trail RV Service Center (BS 20130186/26495, THO/SDG):  Approve construction of a water main, and force main extensions serving ''NORTH TRAIL RV SERVICE CENTER'', to provide potable water service, fire protection, and sanitary sewer service to this proposed expansion and redevelopment of the recreational vehicle service center. This is a Developer contributed asset project located along the east side of Lexington Avenue approximately ¼ mile north of Tice Street.

(#20130186-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 - Bluebird Taxi (BS 20130190/26499, MMM/SDG):  Approve final acceptance, by Resolution and recording of one (1) utility easement, as a donation of one potable water service, one fire hydrant relocation and one force main connection, to provide potable water service, fire protection and sanitary sewer service to ''BLUEBIRD TAXI'', a recently constructed commercial business. This is a Developer contributed asset project located along the south side of Mass Court approximately 700'' west of Gator Road. (#20130190-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:

 

 

License & Agreement to Hold Lee County Harmless (BS 20130208/26517, TAK/SDG):

a) Approve a request (and recording in the Public Records) for a "License & Agreement to Hold Lee County Harmless" ("License") to allow the placement of a guard house in a portion of the County's utility easement across the HealthPark Circle right-of-way at the entrance to Sail Harbour;

b) Authorize Chair, on behalf of the BoCC,  to sign the "License & Agreement to  Hold Lee County Harmless"; and

c) Authorize Lee County Utilities to complete items necessary to finalize request.  Board approval is necessary to authorize the License. (#20130208-UTILITIES)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Authorizes a license to allow Sail Harbour at HealthPark Homeowners’ Sub-Association, Inc. to place a guard house in a portion of the County’s utility easement across the HealthPark Circle right-of-way at the entrance to Sail Harbour at HealthPark.

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 

 

G)

ACTION REQUESTED/PURPOSE:

 

 

Del Tura - Reconveyance (BS 20130209/26518, TAK/SDG):  a) Approve a request to reconvey those rights held by the County in an unused portion of a certain utility easement at the northeast corner of the intersection of De Navarra Parkway and Garden Boulevard, in Section 16, Township 43 South, Range 24 East, Lee County, to the current property owner, b) authorize Chair, on behalf of the Board to execute a County Deed for this purpose; and, c) authorize Lee County Utilities and the Office of the County Attorney to handle and complete all documentation necessary. (#20130209-UTILITIES)

 

FUNDING SOURCE:

 

N/A - Note: Requesting party will provide recording fees.

 

WHAT ACTION ACCOMPLISHES:

 

Releases to the requesting property owner any right, title or interest held by the County in a small unused portion of certain utility easement as described herein.

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 


 

14.

COUNTY ATTORNEY

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Direct an amendment to the Lee County Personal Watercraft Rental Vendor and Parasailing License Ordinance to Public Hearing in Board Chambers on April 9, 2013 at 9:30 a.m. or as soon thereafter as it may be heard. (#20130230-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Sets a public hearing date for consideration of a proposed amendment to the Personal Watercraft Vendor and Parasailing License ordinance and allows for publication of the required notice.  The proposed amendment will allow rental of personal watercraft for tours at a full service marina adjacent to Connie Mack Island.

 

MANAGEMENT RECOMMENDATION:

 

Direct to public hearing.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Direct an amendment to the Lee County Vessel Control and Water Safety Ordinance to Public Hearing in Board Chambers on April 9, 2013 at 9:30 a.m. or as soon thereafter as it may be heard.

(#20130232-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Sets public hearing for consideration of a proposed amendment to the Lee County Vessel Control and Water Safety ordinance and allows for publication of notice.  The proposed ordinance will allow for rental of personal watercraft for tours from a marina adjacent to Connie Mack Island.

 

MANAGEMENT RECOMMENDATION:

 

Direct to public hearing.

 

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. (#20130250-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 March 11 thru March 14, 2013:  March 11, 2013 (BoCC & City of Fort Myers); March 12, 2013 (Regular Meeting); March 13, 2013 (Executive Session). (#20130251-MINUTES)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

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

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

16.

CONSTITUTIONAL OFFICERS (Continued)

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

That the Board of County Commissioners accepts the annual Lee County Financial Assistance Report, aka Single Audit Report. (#20130252-FINANCE)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Provides public notice of the availability of the Lee County Financial Assistance Report to the citizens of Lee County.

 

MANAGEMENT RECOMMENDATION:

 

 

 

 

D)

ACTION REQUESTED/PURPOSE:

 

 

Presentation to the Board of County Commissioners the Lee County Comprehensive Annual Financial Report (CAFR) for fiscal year 2012. The CAFR is being provided in a PDF format on a CD to the appropriate recipients. (#20130253-FINANCE)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Provides public notice of the availability of the audited financial statements to the citizens of Lee County.

 

MANAGEMENT RECOMMENDATION:

 

 

 

 

E)

ACTION REQUESTED/PURPOSE:

 

 

Present to the Board of County Commissioners the Independent Auditors' Management Letter for the fiscal year ended September 30, 2012. (#20130261-FINANCE)

 

FUNDING SOURCE:

 

Compliance with Chapter 10.550, “Rules of the Auditor General- Local Governmental Entity Audits”, and Section 218.39(1), Florida Statutes.

 

WHAT ACTION ACCOMPLISHES:

 

 

 

MANAGEMENT RECOMMENDATION:

 

 

 

 

F)

ACTION REQUESTED/PURPOSE:

 

 

Present for information purposes interim reporting on selected financial activity. (#20130255-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.

 

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

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Consider granting a revision to the current Bonita Springs Fire Control and Rescue District's (BSFD) Certificate of Public Convenience and Necessity (COPCN) that would allow them to provide advanced life support (ALS) transport service in addition to their current ALS non-transport service.

(#20130262-PUBLIC SAFETY)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Grants the applicant license to provide ALS transport service in accordance with State law and provisions contained in Lee County Ordinance 08-16.

 

MANAGEMENT RECOMMENDATION:

 

At this time staff recommends denial of the revised certificate for the reasons listed below.

 

11.

PUBLIC WORKS ADMINISTRATION

 

12.

TRANSPORTATION

 

13.

UTILITIES

 

14.

COUNTY ATTORNEY

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve the mediated settlement agreement entered into with the City of Cape Coral on March 6, 2013, a copy of which is attached. Rescind Lee County Resolution 11-10-21 which authorized compliance with Chapter 164, Florida Statutes. (#20130235-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

No funds are required.

 

WHAT ACTION ACCOMPLISHES:

 

Terminates the Chapter 164 proceeding under the Florida Statutes.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

15.

HEARING EXAMINER

 

 

CONVENE AS BOARD OF PORT COMMISSIONERS

 

 

16.

CONSTITUTIONAL OFFICERS

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Presentation to the Board of County Commissioners the Lee County's Port Authority's financial statements (Port Report) for fiscal year 2012.  The Port Report is being provided in a PDF format on a CD to the appropriate recipients. (#20130256-FINANCE)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Provides public notice of the availability of the audited financial statements to the citizens of Lee County.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

RECONVENE AS BOARD OF COUNTY COMMISSIONERS

 

 

17.

PORT AUTHORITY AND OTHER GOVERNING BOARDS

 


 

9:30 AM PUBLIC HEARING

 

1.

ACTION REQUESTED/PURPOSE:

Conduct a Public Hearing on Tuesday, to consider amending Lee County Ordinance No. 07-28, as amended by Ordinance Nos. 09-1 and 10-31, The Tourist Development Tax (TDT). (#20130184-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

 

 

WHAT ACTION ACCOMPLISHES:

 

If adopted would allow the county to receive the $500,000 per year grant (for 30 years) from the state for improvements to the Lee County Sports Complex (Minnesota Twins stadium) and use the funds to repay debt.

 

MANAGEMENT RECOMMENDATION:

 

 

 


 

WALK ON AGENDA

 

1.

ACTION REQUESTED/PURPOSE:

Request the Lee County Board of County Commissioners to approve and authorize the Board Chair to execute the Memorandum of Understanding (MOU) between Lee County Domestic Animal Services and the Florida Department of Highway Safety and Motor Vehicles for use of the vehicle registration data base for investigating for potential local ordinance and state statute violations. (#20130280-ANIMAL SERVICES)

 

FUNDING SOURCE:

 

No funding source is necessary since the service is provided to the County at no charge.

 

WHAT ACTION ACCOMPLISHES:

 

Allows Lee County Domestic Animal Services to research vehicle and owner information for civil or criminal investigation of local ordinance and state statute violations.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

REASON FOR WALK ON:

 

We are asking for the walk on since we were notified on March 20, 2013 that our prior MOU had expired on March 17, 2013.