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

May 21, 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 P. J. Anastasi, Word of Life Ministries

 

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 EMS Week. (#20130443-Commissioner Mann)

 

2.

Ceremonial presentation recognizing Viva Florida 500. (#20130444-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 three perpetual slope easement (PE)  parcels identified as Parcel 107PE, 107A-PE and 113PE consisting of 685 square feet (SF), 5,069 SF, and 3,088 SF respectively, and a temporary construction easement (TCE) parcel identified as 107A-TCE consisting of 138 SF, for the Homestead Road Widening, Project No. 5063, in the amount of $6,000.  

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. (#20130429-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 necessary parcels without using Eminent Domain.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

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:

 

 

A) Approve Change Order # 9 to Project CN-05-12 Matlacha Bridge Replacement, to E.C. Driver and Associates, Contract No. 3208 in the amount not-to-exceed $ 344,976.26 and extend the contract by 250 days.

B) Approve a transfer of funds in the amount of $350,000 from Project # 204054 Colonial Boulevard Six Laning from Six Mile to SR 82 in Fund #30700 Transportation Capital Improvement.

C)  Authorize Chair to execute contracts on behalf of the Board upon receipt.

(#20130405-TRANSPORTATION)

 

FUNDING SOURCE:

 

Fund- Transportation Capital Improvement; Program – Capital Projects; Project Matlacha Bridge Replacement Funds for this change order are not included in the project budget. DOT is requesting a budget transfer from the completed Colonial Boulevard Six Laning, which was completed under budget.  It is expected that funds used for this change order will be recouped when the project is complete through liquidated damages.

 

WHAT ACTION ACCOMPLISHES:

 

Provides continued CEI (Construction Engineering Inspection) services and post design services, including plan revisions requested by the County, witnessing of shop and field testing, response to requests for information and review of non-conformance reports and contractor proposed correction action.  It is anticipated that this change order will cover professional services to project completion.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

13.

UTILITIES

 

14.

COUNTY ATTORNEY

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Direct ordinance amending the Burnt Store Area Fire Service Municipal Services Taxing Unit (MSTU) ordinance to one public hearing on June 11, 2013 at 9:30 am. (#20130425-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Satisfies the statutory requirement to hold a public hearing to adopt an ordinance.   If adopted, the ordinance will amend the boundaries of the Burnt Store Area Fire Service MSTU to reflect the annexation of portions of the District by the City of Cape Coral.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

15.

HEARING EXAMINER

 

16.

CONSTITUTIONAL OFFICERS

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve Expenditures in the amount of $373,683.26 by the Lee County Sheriff's Office for FY 12/13 from revenues collected from various fees, services, etc. (see below) that were collected by the Sheriff's Office during the period of  2/6/13  through 5/7/13.  Also approve transfers within budget line items within the Sheriff's Office allocation. (#20130427-SHERIFF)

 

FUNDING SOURCE:

 

Fund--General Fund; Program—The Lee County Sheriff’s Office; Project—Revenues collected from various fees and services.

 

WHAT ACTION ACCOMPLISHES:

 

Board approval is needed to expend funds collected.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

16.

CONSTITUTIONAL OFFICERS (Continued)

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Approve the Minutes for the following meetings of the Board of County Commissioners held during the week of May 6 thru May 10, 2013:

May 6, 2013  (Zoning)    

May 6, 2013 (Management and Planning)

May 7, 2013 (Regular) (#20130439-MINUTES)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

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

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

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. (#20130441-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).

 

17.

PORT AUTHORITY AND OTHER GOVERNING BOARDS

 


 

ADMINISTRATIVE AGENDA

 

1.

COUNTY ADMINISTRATION

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Adopt by resolution an Administrative Code amending Lee County Administrative Code AC 3-13, setting forth the Investment Policy for the Board of County Commissioners. (#20130413-COUNTY MANAGER)

 

FUNDING SOURCE:

 

Not Applicable.

 

WHAT ACTION ACCOMPLISHES:

 

Modify defined limits set-forth for the purchase of authorized investment vehicles. The Clerk’s Office revised policy section VIII “Portfolio Composition” to increase the flexibility within the portfolio to meet changes in the investment and cash flow environments.      

 

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:

 

 

(A)  Approve Bid Waiver # W-130439 to waive the formal quotation procedure, and allow Lee County Facilities Services to purchase specialized water control components for use in the downtown Jail Facility from I-CON Systems, Inc., the verified sole provider of these parts - total expenditure:  $ 157,237.80.

(B)  Approve Informal Telephone (IT) Quote #IT130440 to waive the formal quotation procedure, and allow Lee County Facilities Services to employ Franzese Plumbing, the low quote, to install these components at the downtown Jail Facility - total expenditure:  $47,500.00. (#20130433-FACILITIES SERVICES)

 

FUNDING SOURCE:

 

100% Grant funded – Department of Energy American Reinvestment and Recovery Act (ARRA) Energy Efficiencies; Program – Energy Efficiency Grant; Project:  Energy Efficiencies.

 

WHAT ACTION ACCOMPLISHES:

 

This action will allow Facilities Services to acquire and install components that have proven to decrease water consumption in similar facilities by 60%.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

8.

NATURAL RESOURCES/SOLID WASTE

 

9.

PARKS AND RECREATION

 

10.

PUBLIC SAFETY

 

11.

PUBLIC WORKS ADMINISTRATION

 

12.

TRANSPORTATION

 

13.

UTILITIES

 

14.

COUNTY ATTORNEY

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Adopt by Resolution an Administrative Code amending Lee County Administrative Code (AC) 2-2 pertaining to the establishment of the Zoning/Land Use and Code Enforcement Hearing Examiner's Department. (#20130415-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

The proposed Administrative Code provides minor modification and clarification on the salary/benefits and termination of a Hearing Examiner.  These amendments will permit the Board flexibility in hiring and termination to be consistent with other contract employees.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Approve Proposal for Settlement in inverse condemnation case of Michael McGuigan v. Lee County, Case No. 09CA-5689 in the amount of $5,000. (#20130419-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

Unincorporated MSTU - Funded in FY 12/13 Planning Division Operating Budget.

 

WHAT ACTION ACCOMPLISHES:

 

If Plaintiff does not accept the offer and Lee County wins the case, Lee County can motion the court for its fees incurred 30 days after the date of offer.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

15.

HEARING EXAMINER

 

16.

CONSTITUTIONAL OFFICERS

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

The Lee County Sheriff's Office requests Board of County Commissioners authorization to submit, and if awarded, accept funding in the amount of $1,875,000.00 from the 2013 COPS Hiring Program (CHP), over a period of three years, from October 1, 2013 through September 30, 2016.  This grant is offered by the U.S.  Department of Justice, Office of Community Oriented Policing Services (COPS Office).  There is a required, mandatory cash match in the amount of $956,445.00 over the three year program period.  Funding for this match requirement will be provided by the Lee County Sheriff's Office's general operating fund.   CHP grants will fund up to 75 percent of entry-level salary and fringe benefits of each newly-hired, full-time sworn law enforcement officer over a three-year period with a minimum 25 percent local cash match requirement and maximum federal share of $125,000 per officer position.  All grant recipients must retain any CHP-funded officer positions for at least 12 months immediately after the 3 year funding has ended for each position. (#20130428-SHERIFF)

 

FUNDING SOURCE:

 

U.S. Department of Justice, Office of Community Oriented Policing Services, 2013 COPS Hiring Program.

 

WHAT ACTION ACCOMPLISHES:

 

Funding will provide the Lee County Sheriff’s Office with 15 additional School Resource Officers to be deployed in public elementary schools in Lee County.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

16.

CONSTITUTIONAL OFFICERS (Continued)

 

 

 

CONVENE AS BOARD OF GOVERNMENT LEASING CORPORATION

 

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Request that the Lee County Governmental Leasing Corporation authorize the President to execute (sign) tax returns for the year ended September 30, 2012.  No funds are required. (#20130442-FINANCE)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Federal and state laws require that corporations file income tax returns.  Signing the tax returns and filing them with the respective authorities will serve as compliance with federal and state laws.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

RECONVENE AS BOARD OF COUNTY COMMISSIONERS

 

 

 

17.

PORT AUTHORITY AND OTHER GOVERNING BOARDS

 


 

CARRY OVER AGENDA

 

1.

ACTION REQUESTED/PURPOSE:

Jamaica Bay Agreement Amendment (BS 20130374/26687, SIV/SDG): Authorize Chair, on behalf of the BOCC, to execute a "Fifth Amendment to the Agreement for a Temporary, Emergency Connection for Wastewater Disposal Services" between Lee County and Jamaica Bay West Associates, Ltd. ("Jamaica Bay") for extending the temporary connection to Lee County Utilities for wastewater disposal services through May 31, 2014. (#20130374-UTILITIES)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Continues bulk waste water treatment services to Jamaica Bay for an additional period while they resolve operational issues associated with their connection to Forest Utilities’ sewage collection system. 

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 

REASON FOR WALK ON:

 

Deferred by the board for one week on May 14, 2013.