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


Roger Desjarlais                                                                                                                         Andrea R. Fraser

County Manager                                                                                                                                                         Interim County Attorney

July 30, 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 Southwest Florida Symphony Orchestra. (#20130646-Commissioner Hall)

 

2.

Presentation of appreciation to the board by Reverend Suarez, Nations Association.

(#20130647-County Commissioners)

 


 

CONSENT AGENDA

 

1.

COUNTY ADMINISTRATION

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Authorize Chairman to sign a resolution that will allow for the execution of loan documents with Fifth/Third Bank for long term financing up to $335,000 for the Port Carlos Cove Channel Dredge Municipal Service Benefit Unit (MSBU) project and authorize Budget Amendment Resolutions and Transfer to reflect this transaction. (#20130626-COUNTY MANAGER)

 

FUNDING SOURCE:

 

Fund – Loan Proceeds through the Term Loan Assessment Program #4; Program – Loan Proceeds for the Port Carlos Cove Channel Dredge Municipal Service Benefit Unit (MSBU).

 

WHAT ACTION ACCOMPLISHES:

 

Allow the implementation of Long Term Debt Financing for the Port Carlos Cove Channel Dredge Municipal Service Benefit Unit (MSBU) project without pledging the Non-Ad Valorem Debt Capacity of the County.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

2.

COMMUNITY DEVELOPMENT

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve Resolution finding no objection to proposed amendments to the Lee County Sports Complex Florida Quality Development (FQD) Development Order issued by the State of Florida.  This action is needed to authorize Phase 2 expansion of the Lee County Sports Complex for the Minnesota Twins. (#20130594-COMMUNITY DEVELOPMENT)

 

FUNDING SOURCE:

 

Funds are available in the FY 12/13 Capital Improvement Program.

 

WHAT ACTION ACCOMPLISHES:

 

Notifies the Department of Economic Opportunity that the County does not object to the proposed amendments to the FQD Development Order.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

3.

CONSTRUCTION AND DESIGN

 

4.

COUNTY COMMISSIONERS

 

5.

COUNTY LANDS

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A) Approve and execute a utility easement to FP&L, located on County property identified as STRAP No. 22-46-26-00-00001.0020, the Corkscrew Water Treatment Plant Facility, 16101 Alico Rd.; B) authorize the Division of County Lands to handle and accept all documentation to complete this transaction.

(#20130592-COUNTY LANDS)

 

FUNDING SOURCE:

 

No funds are required for this transaction.

 

WHAT ACTION ACCOMPLISHES:

 

Provides a utility easement providing electric service to the Corkscrew Water Treatment Plant Facility.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

5.

COUNTY LANDS (Continued)

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

A) Approve the Traffic Signalization and Temporary Construction Easement Agreement and the Grant of Perpetual Traffic Signal Easement for Del Prado Boulevard and NE 3rd Terrace traffic signal;

B) Accept donation of perpetual easement from: Racetrac Petroleum, Inc, identified as Parcel A-1 consisting of 392 square feet (SF); Gulf Coast Land & Investment Group, LLC, identified as Parcel A-2 consisting of 180 SF; One Price Optical, Inc., identified as Parcel A-3 consisting of 291 SF; and Vincent and Dorrie Recca, identified as Parcel A-4 consisting of 575 SF, for the Racetrac at Del Prado Project; 

C) Authorize the Chairman on behalf of the Board to execute the Traffic Signalization and Temporary Construction Easement Agreement and the Grant of Perpetual Traffic Signal Easement, upon receipt of necessary release of mortgage documents;

D) Authorize the payment of necessary costs and fees to close;

E) Authorize County Lands Staff to execute and accept all documentation necessary to complete this transaction. (#20130606-COUNTY LANDS)

 

FUNDING SOURCE:

 

Donation Fund: Transportation Trust Program: DOT Planning Project: Recording Fees.

 

WHAT ACTION ACCOMPLISHES:

 

Conveys easement interests for intersection signalization and improvements.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

A) Authorize the Division of County Lands to make a binding offer to property owner in the amount of $26,900 for Parcels 173 (±39,999 sq. ft.), 173-WPE (42,832 sq. ft.), 173-WPE/AE/UE (19,964 sq. ft.), and 173-AE/UE (±7,545 sq. ft.), for the North Lee County Water Treatment Plant Well Field Expansion Project No. 7602, pursuant to the Purchase Agreement;

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 transaction. (#20130611-COUNTY LANDS)

 

FUNDING SOURCE:

 

Fund: LCU Conservation Surcharge; Program: Capital Project; Project: North Lee County Water Treatment Plant Well Field Expansion 7602, and is included in the FY 12/13 CIP budget.

 

WHAT ACTION ACCOMPLISHES:

 

Authorizes binding offer to property owner.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

6.

HUMAN SERVICES

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

(1) Approve submission to the U.S. Department of Housing and Urban Development (HUD) Lee County's 2013-2017 Consolidated Plan and Annual Action Plan for HUD Fiscal Year 2013;

(2) Authorize Board to sign HUD Consolidated Plan Letter of Submission, Certifications, and SF-424;

(3) Authorize Board to sign Community Development Block Grant (CDBG), HOME Investment Partnership Program (HOME), and Emergency Solutions Grant (ESG) entitlement agreements upon receipt from HUD;

(4) Authorize Board to sign associated forms, including (a) CDBG, HOME, and/or ESG subrecipient agreements once prepared, (b) HUD environmental assessments, and (c) amendments to the Lee County Five- Year Consolidated Plan and Annual Action Plans once prepared in accordance with Administrative Code 15-2. (#20130564-HUMAN SERVICES)

 

FUNDING SOURCE:

 

Fund – Federal Grant through CDBG Entitlement Grant Fund; Program – HUD; Project – CDBG Year 24

Fund – Federal Grant through CDBG Construction Grant Fund; Program - HUD; Project - CDBG Year 24

Fund - Federal Grant through HOME; Program – HUD; Project – HOME Year 22

Fund – Federal Grant through ESG; Program – HUD; Project – ESG Year 11

 

WHAT ACTION ACCOMPLISHES:

 

Allows Lee County to continue to receive HUD planning, homeless service, community development and affordable housing project funds.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

7.

INDEPENDENT

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A) Approve Project # PB130494, the utilization of the FDOT TRIPS Program Contract #TRIPS-11-CA-TP, which was competitively bid, for the purchase of five 23' ADA Paratransit Cutaway Vans, at a price of $86,871.15 per unit;

B) The five paratransit vans will be purchased from Creative Bus, Inc. for a total amount of $434,355.75;

C) Lee Tran will be reimbursed at 100% of the cost for the vehicles by the Federal Transit Administration;

D) Approve of a Budget Amendment Resolution in the amount of $434,356. (#20130585-TRANSIT)

 

FUNDING SOURCE:

 

Fund - Federal Grant from the Federal Transit Administration through the Lee Tran Capital Grant  Fund; Program - Transit Fixed Route Capital; Project - Purchase ADA Paratransit vehicles. This grant and related expenditure were not included in the originally adopted FY 12-13 budget.

 

WHAT ACTION ACCOMPLISHES:

 

Allows Lee Tran to replace five Paratransit vehicles that are beyond their useful life.

 

MANAGEMENT RECOMMENDATION:

 

Approve the purchase of five Paratransit vehicles from the FDOT TRIPS-11-CA-TP for a total expenditure of $434,355.75.

 

8.

NATURAL RESOURCES/SOLID WASTE

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve Resolution requesting Use Agreements for portions of Gasparilla Island State Park and Lovers Key State Park in order to implement beach nourishment projects.  (#20130591-NATURAL RESOURCES)

 

FUNDING SOURCE:

 

No funds are required for this request.  Construction funds are included in the FY12/13 Major Maintenance budget for both projects.

 

WHAT ACTION ACCOMPLISHES:

 

This is an administrative action that satisfies the state requirement that application for use of state uplands by a local government be accompanied by a formal request from the governing body.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

9.

PARKS AND RECREATION

 

10.

PUBLIC SAFETY

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve the Fourth Amendment to the Lee County, Florida Gulf Coast University Tower Antenna Site License Agreement between New Cingular Wireless, LLC (Successor to AT&T Wireless Services of Florida, Inc.) (Licensee) and Lee County to correct an inadvertent error in the Third Amendment regarding the paragraph numbering. (#20130590-PUBLIC SAFETY)

 

FUNDING SOURCE:

 

No funds required.

 

WHAT ACTION ACCOMPLISHES:

 

This Amendment to the Agreement provides the Licensee with the opportunity to move forward with equipment upgrades and ensures the provisions of the License Agreement will be clearly understood in the future.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Approve Interlocal with Florida Gulf Coast University (FGCU) revising the terms of the original Interlocal Agreement with Lee County approved by the Board on November 16, 1999 to reallocate costs and duties in operating the radio communication tower located on FGCU campus for the benefit of the County’s communication program and FGCU’s broadcast services. (#20130615-PUBLIC SAFETY)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

FGCU has requested changes to the original Interlocal Agreement to reallocate costs and duties in operating the tower; to provide for a coordinated review of requests from cellular telephone companies and others to license space on the tower or at the Tower Site; to establish security protocols for access to the tower and Tower Site by the Parties and licensees operating antennas affixed to the tower or facilities located at the Tower Site; to set a new term for the agreement; and to address other issues that have arisen since the execution of the Original Interlocal Agreement.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

11.

PUBLIC WORKS ADMINISTRATION

 

12.

TRANSPORTATION

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Accept the Landscape Installation and Maintenance Agreement for landscape improvements within a Lee County Maintained Median Area located on Imperial Parkway adjacent to parcel (Strap # 14-47-25-B300001.0010), LDO 2010-00301, Bonita Lakes in south Lee County. The roadway is maintained by Lee County and the Bonita Lakes development is within the City of Bonita Springs.

(#20130589-TRANSPORTATION)

 

FUNDING SOURCE:

 

No Funds Required.

 

WHAT ACTION ACCOMPLISHES:

 

The Agreement with the County allows the Developer to install and provide for the maintenance of the landscape improvements located within a County-Maintained area.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

13.

UTILITIES

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - Creekside Preserve (BS 20130596/26915, THO/SDG):  Approve construction of  water distribution and  gravity collection systems serving 'CREEKSIDE PRESERVE', to provide potable water service, fire protection, and sanitary sewer service to this proposed multi-family residential community. This is a Developer contributed assets project located along the west side of S. Tamiami Trail approximately ½ mile south of Harborage Drive. (#20130596-UTILITIES)

 

FUNDING SOURCE:

 

No funds required.

 

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 – Billy Creek Commerce Center (Ph 5), Lots 159 & 160 (aka Polygard, Ph 2) - (BS 2013/, MMM/SDG):  Approve final acceptance, by Resolution, as a donation of one 6’’ diameter fire line, to provide fire protection to ‘BILLY CREEK COMMERCE CENTER (PH 5), LOTS 159 & 160 (AKA POLYGARD, PH 2)’, an existing commercial building.   This is a Developer contributed asset project located along the west side of Zip Drive approximately 500’ south of Sutton Ridge Drive. 

(#20130597-UTILITIES)

 

FUNDING SOURCE:

 

No funds required.

 

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:

 

 

Developer Contributed Asset - North Fort Myers Fire Department Addition (BS 20130598/26917, THO/SDG):  Approve final acceptance, by Resolution and recording of one (1) utility easement, as a donation of one 4'' diameter fire line and one force main connection, to provide fire protection and sanitary sewer service to the recently renovated 'NORTH FORT MYERS FIRE DEPARTMENT ADDITION'.  This is a Developer contributed asset project located on the east side of Barrett Road approximately ½ mile north of Pondella Road. (#20130598-UTILITIES)

 

FUNDING SOURCE:

 

No funds required.

 

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

 

 

D)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - Palmetto Retail Store (BS 20130599/26918, 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 and one 6'' diameter fire line, to provide potable water service and fire protection to 'PALMETTO RETAIL STORE', a recently constructed commercial building.  This is a Developer contributed asset project located along the west side of N. Tamiami Trail approximately ¼ mile south of Lake Fairway Boulevard. (#20130599-UTILITIES)

 

FUNDING SOURCE:

 

No funds required.

 

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.

 

 

E)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - Royal Palm at Verandah (BS 20130600/26919, THO/SDG):  Approve construction of  water  and  gravity main extensions serving 'ROYAL PALM AT VERANDAH, PHASE 1', to provide potable water service, fire protection, and sanitary sewer service to this phase of the proposed single-family residential development. This is a Developer Contributed asset project located on the south side of SR 80 approximately 1-1/2 miles west of Buckingham Road. (#20130600-UTILITIES)

 

FUNDING SOURCE:

 

No funds required.

 

WHAT ACTION ACCOMPLISHES:

 

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

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 

 

F)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - Seven Lakes - Tee Room (BS 20130601/26920, MMM/SDG):  Approve final acceptance, by Resolution and recording of one (1) utility easement, as a donation of one potable water service, one sewer service, one fire hydrant and one 6''diameter fire line, to provide potable water service, fire protection and sanitary sewer service to 'SEVEN LAKES - TEE ROOM', a redeveloped commercial building.  This is a Developer contributed asset project located along the north side of Augusta Drive approximately ¼ mile west of Pebble Beach Drive within the Seven Lakes Development.

(#20130601-UTILITIES)

 

FUNDING SOURCE:

 

No funds required.

 

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)

 

 

G)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - VFW Post #10097 (BS 20130604/26923, MMM/SDG):  Approve final acceptance, by Resolution and recording of one (1) utility easement, as a donation of one force main connection to provide sanitary sewer service to the existing 'VFW POST #10097'.  This is a Developer contributed asset project located along the north side of Pine Ridge Road approximately ¼ mile east of San Carlos Boulevard. (#20130604-UTILITIES)

 

FUNDING SOURCE:

 

No funds required.

 

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.

 

 

H)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - Villa Palmeras, Phase A (BS 20130607/26926, 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 'VILLA PALMERAS, PHASE A', a phased residential community.  This is a Developer contributed asset project located along the east side of Three Oaks Parkway approximately ½ mile south of Corkscrew Road. (#20130607-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.

 

 

I)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - Watrous Plantation, Phase 1 (BS 20130609/26928, THO/SDG):  Approve final acceptance, by Resolution and recording of one (1) utility easement, as a donation of water distribution and gravity collection systems, to provide potable water service, fire protection and sanitary sewer service to 'WATROUS PLANTATION, PHASE 1', a phased residential community.  This is a Developer contributed asset project located on the south side of Iona Road, approximately one mile west of McGregor Boulevard. (#20130609-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.

 


 

13.

UTILITIES (Continued)

 

 

J)

ACTION REQUESTED/PURPOSE:

 

 

(A) Approve an increase in annual expenditures from $118,000 to $190,000 under Project No. PB090318 regarding the Annual Purchase of Bill Printing, Processing and Mailing Services for Lee County Utilities (LCU) from the awarded (local) vendor SouthwestDirect, Inc. for the unit prices as listed on the awarded vendor's quote.  (This is a piggyback of The City of Cape Coral's RFP #FIN020107-41.);

(B) Allow the use of this bid through its current expiration date of 6/13/14; and grant permission to continue to utilize this piggyback for any additional renewal periods between the City and the awarded vendor;

(C) Approve an increase in the annual expenditure by an amount not-to-exceed 10% per year for the term of the quote to allow for possible cost increases;

(D) Approve an estimated annual expenditure for these services of $190,000;

(E) Retroactively approve the expenditure of $26,997.40 via Purchase Order # 13336821 issued to SouthwestDirect, Inc. on July 1, 2013 under Emergency No.EE130523. (#20130614-UTILITIES)

 

FUNDING SOURCE:

 

Fund: Utilities Operating Fund; Program: Utilities-Customer Service, Billings & Collections (Other Contracted Services) and Utilities-Customer Services, Billing & Collections-(Freight and Postage) Funds for these vendor services are included in the Utilities operating budget annually.

 

WHAT ACTION ACCOMPLISHES:

 

Allows Utilities to outsource the printing and mailing of monthly customer bill statements and reminder notice statements with return envelopes mailed at economical U.S. Postage automation rates; and, maintain compliance with the U.S. Postal Service Move Update and Intelligent Mail Barcoding postal requirements.  Allows reimbursement to SouthwestDirect, Inc. for postage for mail not meeting presort postage requirements.  Presort postage is paid by LCU directly to the US Postal Service.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

14.

COUNTY ATTORNEY

 

15.

HEARING EXAMINER

 

16.

CONSTITUTIONAL OFFICERS

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve disbursement of excess funds resulting from the sale of tax deed certificates to a claimant verified and certified under Florida Statutes 197.582. (#20130638-DELINQUENT TAX)

 

FUNDING SOURCE:

 

Proceeds from a tax deed sale in excess of the taxes and/or liens owed are being held by the Board for disbursements in accord with Florida Statutes, Chapter 197.

 

WHAT ACTION ACCOMPLISHES:

 

Provides for disbursement of excess tax deed proceeds to an appropriate claimant in compliance with statutory rules and requirements.

 

MANAGEMENT RECOMMENDATION:

 

Approve disbursement to identified claimant.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Approve the Minutes for the following meetings of the Board of County Commissioners held during the week of June 24 thru June 28, 2013:  June 24, 2013 (Budget), June 25, 2013 (Regular).

(#20130639-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:

 

 

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. (#20130640-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).

 

 

D)

ACTION REQUESTED/PURPOSE:

 

 

Approve the Minutes for the following meetings of the Board of County Commissioners held during the week of June 17 thru June 21, 2013: June 17, 2013 (Zoning), June 17, 2013 (Budget Workshop), June 18, 2013 (Regular). (#20130641-MINUTES)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

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

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

E)

ACTION REQUESTED/PURPOSE:

 

 

Approve disbursement of excess funds resulting from the sale of tax deed certificates to a claimant verified and certified under Florida Statutes 197.582. (#20130642-DELINQUENT TAX)

 

FUNDING SOURCE:

 

Proceeds from a tax deed sale in excess of the taxes and/or liens owed are being held by the Board for disbursements in accord with Florida Statutes, Chapter 197.

 

WHAT ACTION ACCOMPLISHES:

 

Provides for disbursement of excess tax deed proceeds to an appropriate claimant in compliance with statutory rules and requirements.

 

MANAGEMENT RECOMMENDATION:

 

Approve disbursement to identified claimant.

 

 

F)

ACTION REQUESTED/PURPOSE:

 

 

Present for information purposes interim reporting on selected financial activity. (#20130643-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

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve pre-suit settlement agreement in the general liability case of Grigsby Land v. Lee County, in the total amount of $95,762.00.  Grigsby Land's property, located at 14420 S. Tamiami Trail, Fort Myers, Florida, was damaged when the raw sewage pump station that services the property failed and backed up one to two inches of raw sewage into the commercial building. (#20130617-COUNTY MANAGER)

 

FUNDING SOURCE:

 

Self-Insurance Loss Fund

FY 12-13: Budget - $3,749,000        Balance as of 07/09/2013 - $1,371,017.

 

WHAT ACTION ACCOMPLISHES:

 

Resolves this case prior to Grigsby Land filing a lawsuit and limits the County’s exposure.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Approve a mediated settlement agreement in the Workers' Compensation case of David Duncan Jr. v. Lee County, Case No. 10-021351EDS in the amount of $350,000.00, inclusive of attorney's fees and costs.  As a result of the helicopter crash off Captiva Island, Mr. Duncan was injured in the course and scope of his employment. (#20130618-COUNTY MANAGER)

 

FUNDING SOURCE:

 

Self-Insurance Loss Fund – Settlement to be reimbursed by Insurance Carrier – STAR Insurance Company

FY 12-13: Budget - $3,749,000        Balance as of 07/09/2013 - $1,371,017.

 

WHAT ACTION ACCOMPLISHES:

 

Resolves the case prior to a final hearing (trial) on permanent and total disability thus limiting the County’s exposure.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

Authorize Budget Amendment Resolutions for the receipt of $103,232,890.65 of bond proceeds from the Water & Sewer Refunding Revenue Bonds, Series 2013A and 2013B and approve various budget resolutions. (#20130631-COUNTY MANAGER)

 

FUNDING SOURCE:

 

Fund – Bond Proceeds through the Water & Sewer Refunding Revenue Bonds, Series 2013 A and Series 2013B.  Program – Bond Proceeds.

 

WHAT ACTION ACCOMPLISHES:

 

Budget Amendment Resolutions must be approved to receive bond proceeds.  Establishes the accounts necessary to receive bond proceeds.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

1.

COUNTY ADMINISTRATION (Continued)

 

 

D)

ACTION REQUESTED/PURPOSE:

 

 

Approve resolution to:

      1)  adopt proposed FY 13-14 ad valorem maximum millage and rolled-back rates for the Truth In Millage

           (TRIM) notice and

      2)  schedule the first and second public hearing on the FY 13-14 proposed budget and proposed millage      
 rates for September 4 and September 18, 2013, at 5:05 p.m. in the Old Lee County Courthouse

Commission Chambers Meeting Room. (#20130633-COUNTY MANAGER)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

State law requires that the Board advise the Property Appraiser within 35 days of the certification of value of the millage rates, rolled-back rates, and the date, time and place of the public hearing to consider the proposed millage rates and the tentative budget.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

2.

COMMUNITY DEVELOPMENT

 

3.

CONSTRUCTION AND DESIGN

 

4.

COUNTY COMMISSIONERS

 

5.

COUNTY LANDS

 

6.

HUMAN SERVICES

 

7.

INDEPENDENT

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Adopt the revisions to the following Lee County policies:  201 Equal Employment Opportunity, 202 Harassment Policy and 214 Age Discrimination.

This action complies with the agreement Lee County entered into with the Department of Justice to settle the EEOC discrimination case against Lee County originating in Facilities Services.

(#20130635-HUMAN RESOURCES)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Updates policies in accordance with the standards outlined by the Department of Justice per the settlement agreement.

 

MANAGEMENT RECOMMENDATION:

 

Approve the revisions.

 


 

8.

NATURAL RESOURCES/SOLID WASTE

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve the facility improvement project proposed by Covanta Lee, Inc. to replace the existing ferrous and nonferrous handling and separation equipment with new, more effective separation equipment with County funding of up to $475,000.00 of the $1,100,000.00 project, all in accordance with Section 8.03 (e) of the County/Covanta WTE operations and maintenance agreement.  Authorize the use of the direct material purchase process to reduce the cost of sales tax as appropriate. (#20130586-SOLID WASTE)

 

FUNDING SOURCE:

 

Funds are available and budgeted in; Solid Waste Enterprise Fund, Solid Waste CIP Fund - CIP Program - Solid Waste Processing Equip.

 

WHAT ACTION ACCOMPLISHES:

 

Replaces existing 15 to 19 year-old equipment with new, more effective equipment, in order to increase the recovery rate of ferrous and nonferrous metals at the WTE facility.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

9.

PARKS AND RECREATION

 

10.

PUBLIC SAFETY

 

11.

PUBLIC WORKS ADMINISTRATION

 

12.

TRANSPORTATION

 

13.

UTILITIES

 

14.

COUNTY ATTORNEY

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Adopt a Resolution approving the issuance of Lee County Industrial Development Authority Utility System Refunding Revenue Bonds, Series 2013, in a principal amount not to exceed $7,400,000 to be issued for the benefit of Bonita Springs Utilities, Inc. (the “Borrower”).  The Borrower is using the proceeds to refinance certain outstanding debt and thus lower its annual debt service costs. (#20130593-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

None. No County financial liability.

 

WHAT ACTION ACCOMPLISHES:

 

Provides Board consideration of proposed Industrial Development Authority Bonds as required by Internal Revenue Code and Florida Statutes.  Board approval will authorize and adopt the approving Bond Issuance Resolution.

 

MANAGEMENT RECOMMENDATION:

 

Approve the adoption of the Resolution with all stated terms and conditions.

 


 

14.

COUNTY ATTORNEY (Continued)

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Authorize the County Attorney's Office to intervene as a party in the pending cases against the Department of Juvenile Justice (DJJ) disputing the amount of Lee County's portion of the detention cost share for the fiscal year (FY) 2010-2011 and FY 2011-2012 and seek a corrected reconciliation and repayment of overcharged amounts.  For FY 2009-2010 Lee County challenged the reconciliation by DJJ that modified the responsibility for costs of secure detention between Counties and the State.  The Administrative Law Judge found the rules invalid and thus, Lee County's portion of the cost share was calculated incorrectly. (#20130627-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

Not Applicable.

 

WHAT ACTION ACCOMPLISHES:

 

Allows Lee County to seek new reconciliation amounts from the Department of Juvenile Justice and repayment for overcharging Lee County their portion of the detention cost share for the FY 2010-2011 and FY 2011-2012.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

15.

HEARING EXAMINER

 

16.

CONSTITUTIONAL OFFICERS

 

17.

PORT AUTHORITY AND OTHER GOVERNING BOARDS