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

June 25, 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 Shari Lacey, Grace United Methodist Church of Cape Coral

 

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

 

Public Hearings

 

Walk-ons and Carry-overs

 

                Commissioners' Items/Committee Appointments

 

County Manager/County Attorney Items

 

Public Presentation of Matters by Citizens

 

Adjourn


 

9:30 AM CEREMONIAL PRESENTATION

           

1.

Ceremonial presentation to the Board for the America Heart Association's Fit Friendly Gold Award and the 2013 Innovation Award. (#20130409-County Commissioners)

 

2.

Ceremonial presentation recognizing Bladder Cancer Awareness Month. (#20130582-Commissioner Hall)

 

3.

Ceremonial presentation recognizing Mango Mania. (#20130551-Commissioner Manning)

 


 

CONSENT AGENDA

 

1.

COUNTY ADMINISTRATION

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A) Waive the formal solicitation process and allow the Lee County Visitor and Convention Bureau to negotiate an annual contract for Northeast USA Representation N-130482 and an annual contract for Midwest USA Representation N-130483.

B) Initial period of one year with the option to re-negotiate and renew for two additional one year periods.

C) Approve a not-to-exceed annual expenditure of $150,000.00 for each contract.

D) Authorize Chair on behalf of the Board to execute the Agreements upon completion of the final negotiations. (#20130558-VISITOR AND CONVENTION BUREAU)

 

FUNDING SOURCE:

 

Fund - Tourist Development Tax Trust Fund; Program - VCB Visitor & Convention Bureau; Project – Promotion.

 

WHAT ACTION ACCOMPLISHES:

 

Approves and places under contract a Marketing and Sales Representative with extensive experience in lead generation for the meetings and conferences market that result in definite business and room nights for Lee County accommodations.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

On April 9, 2013, the Board adopted Resolution No. 13-04-10 which created a local RESTORE Act Advisory Committee to review and rank projects eligible for funding.  To constitute the Committee, the Board is asked to:

A) Appoint six (6) at-large members to the newly created Lee County RESTORE Act Advisory Committee.

B) Ratify municipal appointments of five (5) city members made pursuant to Resolution No. 13-04-10. (#20130534-COUNTY MANAGER)

 

FUNDING SOURCE:

 

County Administration will serve as the Liaison Department, the County Attorney or designee will serve as legal advisor, and multiple departments will provide support as needed. Additional funding needs are unknown at this time.

 

WHAT ACTION ACCOMPLISHES:

 

Provides for appointment of Committee members.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

A) Accept American Institute of Architects (AIA) 2013 Sustainable Development Assessment Team (SDAT) technical assistance grant. The SDAT process will further study the feasibility of incentivizing economic diversity and sustainable development in the Tradeport area that has come to be known as the Research & Enterprise Diamond. In addition to supplying a team of experts to conduct the study, the AIA will commit to funding an amount not to exceed $15,000 in support of the project. The AIA will be responsible for team expenses incurred during the course of the project, including costs associated with team travel, lodging and meals; report production; and material supplies. There is a required local match of $5,000 to pay project expenses that are not covered by the AIA. In addition, staff participation will be required as shown in the "Background" section.

B) Authorize Chair to execute the attached grant agreement between Lee County and the AIA.

(#20130571-COUNTY MANAGER)

 

FUNDING SOURCE:

 

Fund: General Fund – Program: Office of Sustainability. Funds are available in the current FY 12-13 budget.

 

WHAT ACTION ACCOMPLISHES:

 

Provides for completion of the SDAT process by calendar year end, which is required of AIA SDAT awardees for the 2013 grant cycle.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

2.

COMMUNITY DEVELOPMENT

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Amend Lee County External Fees and Charges Manual (AC 3-10), to approve fee revisions for Department of Community Development in conjunction with amendments to the Land Development Code adopted on May 28th. (#20130565-COMMUNITY DEVELOPMENT)

 

FUNDING SOURCE:

 

Unincorporated Area MSTU.

 

WHAT ACTION ACCOMPLISHES:

 

Brings fee manual current with recent Land Development Code amendments.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

3.

CONSTRUCTION AND DESIGN

 

4.

COUNTY COMMISSIONERS

 

5.

COUNTY LANDS

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A) Approve Easement Purchase Agreement for Parcel 121A (65,867+/- sq.ft.) and Parcel 121B (56,652+/- sq. ft.), RSW 24" Water Transmission Line Project No. 7193 in the amount of $73,500 (combined cash and improvements);

B) Authorize the Chair on behalf of the Board to execute the Purchase Agreement;

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

D) Authorize the Division of County Lands to execute and accept all documentation necessary to complete transaction. (#20130528-COUNTY LANDS)

 

FUNDING SOURCE:

 

Fund: Utilities Water Connection Fees; Program: Capital Projects; Project: Water Transmission Line Improvement – Ben Hill to Treeline.  The project is budgeted in the FY 12-13 CIP.

 

WHAT ACTION ACCOMPLISHES:

 

Acquires parcels necessary for construction of the RSW 24” Water Transmission Line Project and avoids condemnation proceedings.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

A) Accept donation of Grant of Perpetual Public Utility Easement for acquisition of Parcel 100-UE (±400 sq. ft. utility easement) for the Gateway Waste Water Treatment Plant Monitoring Well Project, pursuant to the terms and conditions set forth in the Easement;

B) Authorize payment of costs to close and the Division of County Lands to handle and accept all documentation necessary to complete this transaction. (#20130562-COUNTY LANDS)

 

FUNDING SOURCE:

 

Fund: Lee County Utilities Operations; Program: Waste Water Treatment Plants; Project: Intangible Assets, and is available in the FY 12/13 Operating budget.

 

WHAT ACTION ACCOMPLISHES:

 

Acquisition of necessary easement rights for the Gateway Waste Water Treatment Plant Monitoring Well Project.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

5.

COUNTY LANDS (Continued)

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

A) Approve grant of a perpetual utility easement to Lee County Electric Cooperative, Inc. (LCEC) for the North Fort Myers Recreation Center;

B) Authorize the Chair, on behalf of the Board, to execute the utility easement;

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

D) Authorize Division of County Lands to handle all documentation necessary to complete the transaction. (#20130569-COUNTY LANDS)

 

FUNDING SOURCE:

 

Fund: North Fort Myers Community Park Impact Fees; Program: Capital Project; Project: North Fort Myers Recreation Center.

 

WHAT ACTION ACCOMPLISHES:

 

Provides a utility easement necessary for supplying electric service to the North Fort Myers Recreation Center.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

6.

HUMAN SERVICES

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

(1) Approve the extension of the U.S. Department of Housing and Urban Development (HUD) Urban County Cooperation Agreements with the City of Bonita Springs, City of Sanibel, and Town of Fort Myers Beach for the three year qualification period of HUD Fiscal Years 2014, 2015, and 2016;

(2) Approve the submission of a legal opinion by the County Attorney's office (required by HUD);

(3) Authorize the Board to sign the cover letter and interlocal joint resolutions.

(#20130497-HUMAN SERVICES)

 

FUNDING SOURCE:

 

None required.

 

WHAT ACTION ACCOMPLISHES:

 

Meets HUD requirements to sustain urban county partnerships for Community Development Block Grant (CDBG) funding.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

6.

HUMAN SERVICES (Continued)

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

1.  Authorize the nonprofit entity, Community Assisted Supported Living, Inc dba Renaissance Manor (CASL) to sell property located at 801 Zana Dr., Strap #09-44-25-P2-00500.0840 and use the proceeds to purchase a new property that would be utilized for the same purpose of supportive housing for low income persons with disabilities (primarily mental illness).

2.  Authorize Chair to execute a short term agreement with CASL requiring (a) a similar deed restriction or covenant will be placed on the new property for the balance of the original term; (2) a right of reverter consistent with the clause currently in place on the subject property; and, (c) any resulting sale proceeds will be held in trust for the new or replacement acquisition.

3.  Authorize the BOCC Chair to sign a release of the reservations, covenants and deed restrictions (and a right of reverter) on the current property to help to make the property more marketable.

4.  Once a new property is identified, authorize the Chair to accept the benefit of the deed restriction or covenant (and the right of reverter) on the new property to ensure that the deed restrictions are recorded in conjunction with (and at same time as) the acquisition of the new property.

(#20130501-HUMAN SERVICES)

 

FUNDING SOURCE:

 

No general funds involved.  Original funding – Federal HUD, Community Development Block Grant (CDBG).

 

WHAT ACTION ACCOMPLISHES:

 

Allows non-profit provider to sell a parcel in their existing inventory, free of the restrictions required as a result of the use of grant funding to rehabilitate the existing structure, in order to continue to providing safe, affordable, supportive housing to an underserved population with disabilities.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

1.  Approve Resolution declaring County-owned property located at 23091 Avenue B, Alva, FL, 33920, Strap #25-43-27-01-00003.0220 as surplus property.

2.  Approve a companion Transfer of Property Agreement making the requested conveyance subject to a 20-year requirement to maintain the property as affordable housing.

3.  Authorize the Board to execute the County Deed, documents and agreement to transfer property to a not-for-profit corporation.

4.  Authorize Lee County Department of Human Services (DHS) to handle and accept all documentation to complete this transaction. (#20130513-HUMAN SERVICES)

 

FUNDING SOURCE:

 

No funds required.

 

WHAT ACTION ACCOMPLISHES:

 

Declares certain County-owned property as surplus and authorizes staff to transfer it to a not-for-profit corporation that promotes the community’s interest and welfare.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

7.

INDEPENDENT

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A.  Request Board approve Supplemental Task Authorization (STA) #10 to CN-08-32 MISCELLANEOUS TRANSIT PLANNING SERVICES, Contract 4590 with Tindale Oliver and Associates, Inc., in the amount of $29,194.00 to complete a Fare Study to include a recommendation for a cash fare increase, and an increase in Regular and Discounted bus passes, and a Title VI Equity Analysis as mandated by the Federal Transit Administration.

B.  Authorize Chair to execute STA on behalf of the Board. (#20130522-TRANSIT)

 

FUNDING SOURCE:

 

Fund-Transit Capital Grant; Program-Transit Fixed Route Capital; Project- Fare Study. Included in FY12-13 budget.

 

WHAT ACTION ACCOMPLISHES:

 

Provides transit data required by the Federal Transit Administration (FTA) to provide a recommendation for an increase to cash fares, an increase in bus passes, and to determine the overall impact the proposed fare increase will have on low-income users.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Approve lease with Bonita Commons Realty, LLC for 4,840 s.f. of space located in the Bonita Commons Shopping Center, 25987 S. Tamiami Trail, Bonita Springs, FL to be occupied by the Lee County Supervisor of Elections.  Lease will be for five years with the option to renew for an additional five year period.  Base rental cost will be $13.50 per s.f. and a common area maintenance cost of $3.89 per s.f.  Base rental cost will increase by 3% annually for years two through five.  Upon renewal that increase will be 3% or CPI, whichever is lower.  Lease can be terminated upon giving 6 months notice.

(#20130531-FACILITIES SERVICES)

 

FUNDING SOURCE:

 

Fund: General Fund; Program: Supervisor of Elections Support Budget, Project:  Bonita Elections Office; and will be absorbed in the FY 12/13 Operating Budget.

 

WHAT ACTION ACCOMPLISHES:

 

Provides Supervisor of Elections a larger facility in the Bonita Springs area to be utilized as their Bonita office and voting area.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

A) Approve award of Formal Quotation No. B-130198, The Annual Purchase of Remanufactured Engines, to the following vendors meeting specifications: Cummins Power South, LLC; at discounts and prices as listed on the attached Lee County Tabulation sheet.  

B) Approve the award of the Line Item Costs for the core charges on an as needed basis, at the prices listed on the attached Lee County Tabulation Sheet. 

C) Approve the initial term of this quote for two years.

D) Grant the Procurement Director the authority to renew this bid on an annual basis for three additional one-year periods, under the same terms and conditions, if in the best interest of Lee County; and to exercise the price revision clause as per the specifications on an as-needed-basis. 

E) Approve an estimated expenditure of approximately $90,000 annually for these commodities. (#20130491-TRANSIT)

 

FUNDING SOURCE:

 

Fund-Transit Operations; Program-Transit Fixed Route; Program-Annual purchase of remanufactured engines. Funds are currently budgeted for FY12-13, and therefore, no additional funding is required to award this bid.  Funds are budgeted annually in the Lee Tran operating budget.

 

WHAT ACTION ACCOMPLISHES:

 

This action will allow Lee Tran to purchase Remanufactured Engines from the mentioned vendor on an as needed basis, in a cost effective, efficient, and timely manner.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 


7.

INDEPENDENT (Continued)

 

 

D)

ACTION REQUESTED/PURPOSE:

 

 

(A) Approve the award of Formal Bid B-130376, Sprinkler Parts and Related Items for County Departments /Divisions, to the following vendors meeting specifications: Florida Irrigation Supply, Inc. dba FIS Outdoor, Inc. and John Deere Landscapes, Inc. at the discounts listed on the attached Lee County Tabulation Sheet for a period of one year, with the option to renew for four additional one year periods.

(B) Grant the Procurement Director the authority to renew this quote for four additional one year periods under the same terms and conditions if doing so is in the best interest of Lee County.

(#20130552-PROCUREMENT MANAGEMENT)

 

FUNDING SOURCE:

 

This is a Countywide bid so each department will be responsible for their own funding source.

 

WHAT ACTION ACCOMPLISHES:

 

Allows the departments to purchase sprinkler parts and related items at a discount.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

E)

ACTION REQUESTED/PURPOSE:

 

 

(A) Approve Project # EX130485 for the expenditure of $122,554.12 via State Contract for the purchase of Telephone Systems Annual Maintenance and Monitoring 24x7x4 from AGC Networks. Inc. dba Transcend for a period of one year with the option to renew for three additional one year periods.

(B) Approve Project # N-130486 for the expenditure of $145,470.12 via a negotiated price schedule for the purchase of Telephone Systems Annual Maintenance and Monitoring 24x7x4 from AGC Networks, Inc. dba Transcend for a period of one year with the option to renew for three additional one year periods.

(C) Authorize the Chair on behalf of the Board to execute acceptance of the combined State Contract & Negotiated agreement in the amount of $253,477.23 annually.

(#20130561-INFORMATION TECHNOLOGY GROUP)

 

FUNDING SOURCE:

 

Fund – ITG TELCOM – KC5133051500.504630 –Project – Telephone system Maintenance & Monitoring; funds have been budgeted in FY 12/13 & FY13/14.

 

WHAT ACTION ACCOMPLISHES:

 

Allows Lee County ITG to maintain comprehensive support of hardware and software for complex telephone switches and their components such as IVR (Interactive Voice Response) systems and Contact Centers throughout Lee County. The maintenance contract includes a) Remote Technical Support; b) Advanced Part replacement; c) On-site support; and, d) Monitoring. The combined State Contract & Negotiated Agreement will provide an annual savings of $146,341.42.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

8.

NATURAL RESOURCES/SOLID WASTE

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A) Approve Supplemental Task Authorization No. 2 to Applied Technology and Management, Inc. Contract No. 6060, under CN-12-09 County-Wide Environmental Consulting Contract (Permitting, Mitigation and Monitoring),  to perform the Northwest Cape Coral/Lee County Watershed Initiative Phase I in an amount not-to-exceed $280,859.

B) Approve budget amendment in the amount of $1,632,300 to transfer returned escrow funds from FDEP in the amount of $1,500,000 into Project 408571, NSEMA - Ceitus Barrier and the amount of $132,300 into the General Fund Reserves. (#20130566-NATURAL RESOURCES)

 

FUNDING SOURCE:

 

Fund – General Fund (FDEP Escrow Refund); Program – Water Resources Projects; Project – NSEMA-Ceitus Barrier.  Funds were initially deposited with FDEP as a requirement of FDEP Amended Consent Order and Escrow Agreement regarding the North Spreader Waterway and Ceitus Boat Lift.  Funds were returned in February 2012 pending settlement between the parties.

 

WHAT ACTION ACCOMPLISHES:

 

Provides for creation of hydrodynamic model to simulate existing conditions and analyze potential projects to improve salinity, water quality and sedimentation in the North Spreader Waterway area and provide attendant funding.

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 

9.

PARKS AND RECREATION

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A)  Accept an additional $40,000 in grant funding from the Gulf of Mexico Foundation/National Oceanic and Atmospheric Administration for the restoration of Galt Preserve.

B)  Approve and execute amendment #1 to Grant Agreement 11-02 between Gulf of Mexico Foundation/National Oceanic and Atmospheric Administration (GMP/NOAA).

C) Approve a budget amendment in the amount of $40,000 and amend the FY 12/13 Capital Improvement Environmentally Sensitive Land Management budget accordingly.

D)  Authorize the Parks and Recreation Director, or designee, to execute additional documents applicable to the grant funding that do not affect the budget. (#20130538-PARKS AND RECREATION)

 

FUNDING SOURCE:

 

Fund - Capital Improvement-Environmentally Sensitive Land Management; Program - Parks and Recreation Operations; Project - GMP/NOAA - Conservation 20/20 - Galt Preserve; Business unit – 11102030105.

 

WHAT ACTION ACCOMPLISHES:

 

Accepts the award of an additional $40,000 in grant funding; and, transfers the $40,000 in required matching funds from reserves to allow for continued hydrological restoration of Galt Preserve.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

A)  Authorize the purchase of an early lightning alert system utilizing piggyback PB130479 Lightning Detection and Warning Systems off the Palm Beach County bid #12-062R/CC to Earth Networks, Inc. in the amount of $132,644.51.  This system will be installed in various Lee County Parks and Recreation youth athletic facilities and year round pools.

B)  Authorize the purchase of the annual lightning alert feed maintenance at $685 per unit beginning one year after installation (a total of $13,105 per year) for the duration of the agreement period (2 years with the option to renew for two additional one year periods). (#20130549-PARKS AND RECREATION)

 

FUNDING SOURCE:

 

The cost will be absorbed in the FY 12/13 Major Maintenance budget.

Fund-MSTU and General Major Maintenance; Program-Parks Projects; Project-Pool Improvements, Countywide Playgrounds, Countywide Park Improvements-Lightning Detection Equipment.

 

WHAT ACTION ACCOMPLISHES:

 

Allows Parks and Recreation to purchase and install lightning alert systems at a competitively bid price.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

10.

PUBLIC SAFETY

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A)  Approve and execute the Emergency Management Preparedness and Assistance (EMPA) Base Grant Agreement with the State of Florida Division of Emergency Management, which provides a $105,806 grant to enhance the county’s emergency management program.  

B)  Authorize the continuation of two grant funded full-time employees.  

C)  Approve Budget Amendment Resolution in the amount of $105,806 and authorize expenditures in the like amount. (#20130545-PUBLIC SAFETY)

 

FUNDING SOURCE:

 

Fund-State Grant through General Fund; Program-Florida Division of Emergency Management; Project-Emergency Management Preparedness and Assistance.

 

WHAT ACTION ACCOMPLISHES:

 

Furnishes funding to improve the county’s emergency program in a manner consistent with the State Emergency Management Plan and supporting programs. Accepts grant funding that will provide continued support for two emergency management positions.

 

MANAGEMENT RECOMMENDATION:

 

Staff recommends approval of request.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

A) Approve and execute an Agreement with the State of Florida, Division of Emergency Management that provides a $134,959 grant to enhance the county's emergency management program and facilitate additional training and equipment.  

B) Approve Budget Amendment Resolution in the general fund for FY12-13 in the amount of $134,959 and approve the expenditures in the like amount. (#20130548-PUBLIC SAFETY)

 

FUNDING SOURCE:

 

Fund- Federal Grant thru General Fund; Program- U.S. Department of Homeland Security Grant through Florida Division of Emergency Management; Project-Emergency Management Performance Grant.

 

WHAT ACTION ACCOMPLISHES:

 

Furnishes funding to improve the county’s emergency program in a manner consistent with the State Emergency Management Plan and supporting programs.

 

MANAGEMENT RECOMMENDATION:

 

Staff recommends approval of request.

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

Authorize Chairman to approve renewal of a two year Certificate of Public Convenience and Necessity (COPCN) to the Lee Memorial Health System, an independent special district, to conduct advance life support (ALS) transport service for neonatal and pediatric transports. (#20130574-PUBLIC SAFETY)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Allows Lee Memorial Health System to be recertified by the State as an ALS neonatal and pediatric transport provider for two additional years in accordance with State law and Lee County Ordinance 08-16.

 

MANAGEMENT RECOMMENDATION:

 

Staff recommends approval.

 

11.

PUBLIC WORKS ADMINISTRATION

 


 

12.

TRANSPORTATION

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A) Request the approval of B-130311 MODIFICATION AT BEN HILL GRIFFIN PARKWAY AT FGCU BOULEVARD for Lee County DOT to the lowest responsive, responsible bidder meeting all bid requirements, Traffic Control Products of Florida, Inc. (non-local contractor), in the amount of $163,643.80 with a project completion time of 150 days.

B) Request the approval of additional cost for Payment and Performance Bond, $ 1,636.44 - which has been approved by Lee County DOT.

C) Grant Lee County DOT Director the discretion to approve a 10% contingency, in the amount of $16,528.02, for a total approval amount of $181,808.26.

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

(#20130525-TRANSPORTATION)

 

FUNDING SOURCE:

 

Fund – Transportation Capital Improvement; Program – Major Maintenance; Project – Intersection Equipment Replacement. This project was anticipated and funds for this project were budgeted in the FY 2012/13 Major Maintenance Program.

 

WHAT ACTION ACCOMPLISHES:

 

Provides vendor that will furnish and install two new mast arm poles with foundations including signal cabinet, illuminated street name signs, and street lights at Ben Hill Griffin Parkway and FGCU Boulevard.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

A) Approve award of B-130334, pertaining to WILLIAMS ROAD AT US 41 EASTBOUND TO SOUTHBOUND RIGHT TURN LANE, to the lowest responsive, responsible bidder meeting all bid requirements, Pavement Maintenance, LLC (a local contractor), in an amount not-to-exceed $128,482.00 with a project completion time of 120 calendar days.

B)  Grant the Lee County DOT Director the discretion to approve a 10% contingency, in the amount of $12,848.20, for a total maximum amount of $141,330.20.

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

(#20130526-TRANSPORTATION)

 

FUNDING SOURCE:

 

Fund: Transportation Capital Improvement; Program – Major Maintenance; Project – Master Signal (Major Intersections). This project was anticipated and funds were budgeted in the FY 2012/13 Major Maintenance Program.

 

WHAT ACTION ACCOMPLISHES:

 

Provides a contractor to correct Americans with Disabilities Act (ADA) deficiencies and construct an eastbound right turn lane at Williams Road and US 41 to improve traffic operations and safety.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

12.

TRANSPORTATION (Continued)

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

A)  Approve Change Order No. 3 to project B-12-04 A&W BULB ROAD IMPROVEMENTS - GLADIOLUS DRIVE TO HERITAGE COVE BOULEVARD to Better Roads, Inc., Contract No. 5962, in the amount of $27,826.09 for additional pipe due to drainage structure changes and installation of fencing; and, add three additional days to contract completion time.

B)   Grant the Lee County DOT Director the discretion to approve expenditures for contingencies and other incidental project costs in an amount up to $25,000 (approximately 10% of total project costs) if doing so is deemed beneficial to the County. (#20130532-TRANSPORTATION)

 

FUNDING SOURCE:

 

Fund – Transportation Capital Improvement; Program – Capital Projects; Project – Gladiolus Widening (A&W Bulb Phase). Funds for this change order and the proposed contingency are available in the FY 2012/13 Capital Improvement Program.

 

WHAT ACTION ACCOMPLISHES:

 

Compensates Contractor for additional pipe due to drainage structure changes and fencing; and, adds three additional days to contract completion time.

 

MANAGEMENT RECOMMENDATION:

 

Approve Change Order No. 3. 

 

 

D)

ACTION REQUESTED/PURPOSE:

 

 

A)  Approve Change Order No. 3 to project CN-07-13 CEI SERVICES FOR VARIOUS LEE COUNTY ROADS, Gladiolus Drive 4 Laning from Winkler Road to Pine Ridge Road, to Hole Montes, Inc., Contract No. 4146, in an amount not-to-exceed $99,840.66.

B)  Approve a transfer of funds in the amount of $50,000 from Project #205720 Bonita Beach Road Phase II in Fund #30700 Transportation Capital Improvement. Also, amend the FY 2012/13 - 2016/17 CIP accordingly. (#20130533-TRANSPORTATION)

 

FUNDING SOURCE:

 

Fund – Transportation Capital Improvement; Program – Capital Projects; Project – Gladiolus Widening (A&W Bulb Phase). Funds for this change order were not specifically budgeted in the A&W Bulb project, but due to contractor delays this change order to Hole Montes is necessary. There is adequate funding in the Bonita Beach Road Phase II project to provide a transfer of $50,000 because that project was completed under budget. Upon approval of Action 2, funds can be transferred to the A&W Bulb Project.

 

WHAT ACTION ACCOMPLISHES:

 

Provides continued CEI (Construction Engineering Inspection) services for the A&W Bulb Road portion of the Gladiolus Drive 4 Laning project through expected project completion. 

 

MANAGEMENT RECOMMENDATION:

 

Approve Change Order No. 3 to compensate Hole Montes, Inc for contractor delays.

 


 

12.

TRANSPORTATION (Continued)

 

 

E)

ACTION REQUESTED/PURPOSE:

 

 

A)  Award project B-130244 COUNTY-WIDE RESURFACING ROADWAY IMPROVEMENTS, FY 13 CONTRACT 2 to the lowest responsive, responsible bidder meeting all bid requirements, OLDCASTLE SOUTHERN GROUP, INC. d/b/a APAC-SOUTHEAST (a local contractor) in an amount not-to-exceed $1,114,408.23, with a project completion time of 180 calendar days.

B)  Grant the Lee County DOT Director discretion and authority to approve up to a 10% contingency, in the amount of $111,440.82, for a total approval amount not-to-exceed $1,225,849.05.

C) Grant the Lee County DOT Director the discretion to administratively extend the time for completion of the construction contract in accordance with standard County procedure, if the Director determines doing so is appropriate and beneficial to the County.

D)  Authorize Chair to execute agreement upon receipt.

E)  Grant the Procurement Director the authority and discretion to proceed to contract negotiations with the next qualified contractor if the awarded contractor is unable to fully comply with the requirements of the solicitation or in the event of non-compliance with the contract provisions.

(#20130542-TRANSPORTATION)

 

FUNDING SOURCE:

 

Fund – Transportation Capital Improvement; Program – Major Maintenance; Project – Road Resurfacing. This project was anticipated and funds were budgeted in the FY 2012/13 Major Maintenance Program.

 

WHAT ACTION ACCOMPLISHES:

 

Provides a Contractor for the resurfacing and rebuilding of 51 local streets located in the Pine Island, North Fort Myers, and South Fort Myers areas.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

F)

ACTION REQUESTED/PURPOSE:

 

 

Accept a non-exclusive perpetual right-of-way easement grant for a bikeway/pedestrian way and bus stop facility constructed as part of the 4864 Estero Blvd. Condo, LDO 2012-00480, on Estero Blvd. in Lee County. (#20130572-TRANSPORTATION)

 

FUNDING SOURCE:

 

Fund - Transportation Trust; Program - Transportation Operations - Roadway Maintenance.

For future maintenance once the asset is contributed to Lee County.

 

WHAT ACTION ACCOMPLISHES:

 

Allows the County perpetual use of a sidewalk constructed as a requirement per the Land Development Code No. 256 and provides for the maintenance of the sidewalk facility by Lee County DOT. The bus stop facility is replacing an existing one in the front of this property located on Estero Blvd. and is required in connection with a development order and LeeTran will provide maintenance of the bus stop landing and the Town of Ft. Myers Beach will provide maintenance of the amenities (trash receptacle & bench).

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

13.

UTILITIES

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - Sail Harbour Guardhouse (BS 20130520/26838, MMM/SDG):  Approve final acceptance, by Resolution, as a donation of one sanitary sewer service for the recently constructed ''SAIL HARBOUR GUARDHOUSE''. This is a Developer contributed asset project located on HealthPark Circle approximately 1,100'' west of Bass Road. (#20130520-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)

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - Three ''R'' Fire Line (BS 20130521/26839, THO/SDG):  Approve final acceptance, by Resolution and recording of one (1) utility easement, as a donation of one 4'''' diameter fire line, to provide fire protection to ''THREE ''R'' ENTERPRISES'', an existing commercial building.  This is a Developer contributed asset project located along the east side of Division Drive approximately 1/3 mile north of Sutton Ridge Drive. (#20130521-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:

 

 

Developer Contributed Asset - Sanibel Captiva Community Bank-McGregor Branch Expansion (BS 20130523/ 26841, MMM/SDG):  Approve final acceptance, by Resolution, as a donation of one force main connection to provide sanitary sewer service to the existing ''SANIBEL CAPTIVA COMMUNITY BANK-MCGREGOR BRANCH EXPANSION''. This is a Developer contributed asset project located the northeast corner of McGregor Blvd and Kelly Road. (#20130523-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.

 

 

D)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - Dollar General at 14395 Palm Beach Blvd (BS 20130524/26842, THO/SDG):  Approve construction of  water main and gravity main extensions to provide potable water service, fire protection, and sanitary sewer service to ''DOLLAR GENERAL AT 14395 PALM BEACH BLVD'', a proposed commercial building. This is a Developer contributed asset project located along the south side of Palm Beach Boulevard approximately ¼ mile west of Buckingham Road. (#20130524-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:

 

 

A) Approve Professional Service Agreement for CN-12-17 PAGE PARK WATER MAIN IMPROVEMENTS, to Greeley and Hansen LLC, in the amount of $224,800 for Phase 1a (design and permitting) of a 4 phase contract with respect to design and engineering services.

B) Authorize Chair to execute Agreement on behalf of the Board.

C) Grant the Lee County Utilities Director the discretion to approve expenditures, within the remaining project budget in an amount not to exceed $22,480 (10% of design cost).

D) Authorize staff to conduct the negotiations with Greeley and Hansen for the services required to implement remaining Phases 1b, 2a, and 2b of this project, if the Utilities Director determines doing so is in the best interest of Lee County.  Phases 1b, 2a, and 2b will include, but are not limited to design, permitting and construction engineering/inspection services.  All additional costs associated with Phases 1b, 2a, and 2b will be brought back to the Board for approval as Change Orders or Supplemental Task Authorizations under the existing Agreement or under a separate contract secured through an appropriate competitive solicitation process.

E) Grant the Lee County Utilities Director the discretion to administratively extend the time for completion of scheduled tasks identified in the approved scope of work in accordance with standard County procedure, if the Director determines doing so is appropriate and beneficial to the County.

F) Approve budget transfer in the amount of $22,300 from the San Carlos Force Main project to the Page Park Waterline Improvements project and amend the FY 12/13 CIP budget from the original approved project budget of $225,000 to a new project budget of $247,300. (#20130537-UTILITIES)

 

FUNDING SOURCE:

 

Funds: Utilities Rehabilitation & Replacements; Program: Capital Projects; Project: Page Park Waterline Improvements.  This project was initially funded in the FY ‘02/03 Utilities Capital Improvement Budget and has been either carried over or re-budgeted each year due to other priorities.  Budget Transfer source funds are available from the San Carlos Blvd. Force Main project due to completing the San Carlos Force Main project under budget.

 

WHAT ACTION ACCOMPLISHES:

 

Provides Lee County with a professional consultant to provide design and permitting for the Page Park Water Main Improvements Phase 1a, within the Page Park Industrial Park, just south of the Page Field Airport.  At the Board’s discretion, this contract may be amended, through Change Orders or Supplemental Task Authorizations (STAs), to allow Greeley and Hansen to provide the additional services required for Phases 1b, 2a, and 2b pertaining to design, permitting and construction administration services.  Award of the contract for Phases 1b, 2a, and 2b will each be granted independent of the provision of services for Phase 1a, and each will be presented to the Board for formal consideration and approval.  Currently, Phases 1b and 2a are budgeted and scheduled for FY 13/14, and the final Phase 2b is proposed to be budgeted for FY 14/15.  The total estimated contract cost for Phases 1a, 1b, 2a, and 2b is $1,090,280.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

13.

UTILITIES (Continued)

 

 

F)

ACTION REQUESTED/PURPOSE:

 

 

A)  Award project B-130391 US 41 BUSINESS (SR739) WATER MAIN RELOCATION to the lowest responsive, responsible bidder meeting all the bid requirements, Haskins, Inc. (a local contractor) in the amount of $798,550.00 with a project completion time of 120 calendar days.

B)  Authorize Chair to execute agreement on behalf of Board upon receipt.

C)  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 $79,855.00 (10% of construction cost).

D)  Approve a budget transfer in the amount of $878,405 from various Utilities Capital Improvement Projects to the Business 41 Water Main Relocation project, and amend the FY12/13 CIP Budget accordingly from the original approved project budget of $133,234 to a new project budget of $1,011,639.

E)  Grant the Lee County Utilities Director the discretion to administratively extend the time for completion of the construction contract in accordance with standard County procedure, if the Director determines doing so is appropriate and beneficial to the County.

F)  Grant the Procurement Director the authority to act on behalf of the Board and proceed to the next qualified contractor if the awarded contractor is unable to fully comply with the requirements of the solicitation or in the event of non-compliance. (#20130559-UTILITIES)

 

FUNDING SOURCE:

 

Fund: Utilities Capital Improvements; Programs: Capital Projects; Project: Business 41 line Upgrade – Littleton to Shell Factory.  This project was originally funded in the FY 02/03 CIP budget; however, FDOT postponed the project indefinitely until now.

 

WHAT ACTION ACCOMPLISHES:

 

Provides Lee County with a Contractor to replace various sized water mains with a 12" ductile iron  water main along Business 41, from Littleton Rd to North Tamiami Trail (US 41), in coordination with a Florida Department of Transportation roadway widening and drainage improvements project.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

G)

ACTION REQUESTED/PURPOSE:

 

 

A) Award project B-130354 EDISON BRIDGE SWAY BARS REPLACEMENT to the lowest responsive, responsible bidder meeting all the bid requirements, Wright Construction Group, Inc. (a local contractor), in the amount of $107,519.80 with a project completion time of 90 calendar days.

B) Authorize Chair to execute agreement with Wright Construction Group, Inc. on behalf of the Board.

C) 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 $10,752.00 (10% of the construction bid).

D) Approve a budget transfer in the amount of $118,272 from the Pine Ridge Force Main project to the Water Distribution Rehabilitation & Replacements project, and amend the FY12/13 CIP budget accordingly from the original approved project budget of $351,491 to a new project budget of $469,763.

E) Grant the Lee County Utilities Director the discretion to administratively extend the time for completion of the construction contract in accordance with standard County procedure, if the Director determines doing so is appropriate and beneficial to the County.

F) Grant the Procurement Director the authority to act on behalf of the Board and proceed to the next qualified contractor if the awarded contractor is unable to fully comply with the requirements of the solicitation or in the event of non-compliance. (#20130563-UTILITIES)

 

FUNDING SOURCE:

 

Fund – Utilities Rehabilitation & Replacement; Program: Major Maintenance; Project:  Water Distribution Rehabilitation & Replacements. This is an annual recurring project fund that is budgeted every year for various major rehabilitation and replacements needed in the water distribution system each year.

 

WHAT ACTION ACCOMPLISHES:

 

Provides Lee County with a contractor to replace broken sway bar supports to the existing water main mounted on the Edison Bridge, including furnishing of all labor, material, superintendent, power, light, heat, fuel, water, tools, appliances, equipment, supplies, services, maintenance of traffic, ROW restoration, and other means of construction necessary.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

14.

COUNTY ATTORNEY

 

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 $89,341.00 from the FY 2013 Justice Assistance Grant Program (JAG).  This funding is being offered by the U.S. Department of Justice, Bureau of Justice Assistance.  THERE IS NO CASH OR IN-KIND MATCH REQUIRED. (#20130544-SHERIFF)

 

FUNDING SOURCE:

 

U.S. Department of Justice, Bureau of Justice Assistance.

 

WHAT ACTION ACCOMPLISHES:

 

Funding will provide the Lee County Sheriff’s Office with 4 License Plate Readers that will be deployed to enhance patrol capabilities and increase officer productivity and deputy safety.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Authorize: 1) Lee County Sheriff's Office to submit an application, and if awarded, accept $67,475 in funding; 2) Lee County Human Services to submit an application, and if awarded, accept $47,647 in funding; 3) Lee County Port Authority to submit an application, and if awarded, accept $7,700 in funding; and 4) 20th Judicial Circuit to submit an application, and if awarded, accept $4,707 in funding. Give consent for: 5) City of Cape Coral to submit an application, and if awarded, accept $30,789; 6) City of Fort Myers to submit an application, and if awarded, accept $19,790 in funding; and 7) City of Sanibel to submit an application, and if awarded, accept $1,799 in funding. The seven applications described in this blue sheet distribute $179,907 (total allocation available to Lee County) from the FY 13 Edward Byrne Memorial Justice Assistance Grant program; 8) Sign attached letter of support for Lee County's applications. (#20130556-SHERIFF)

 

FUNDING SOURCE:

 

Florida Department of Law Enforcement Office Justice Grants via the U.S. Department of Justice.

 

WHAT ACTION ACCOMPLISHES:

 

A portion of the Edward Byrne Memorial Justice Assistance Grant award will be used to fund a Lee County Sheriff’s Office detective position for its Pharmaceutical Diversion Unit as well as other projects designed to prevent and control crime, and to improve the criminal justice system.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

Present for information purposes interim reporting on selected financial activity. (#20130579-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)

 

 

D)

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. (#20130580-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).

 

 

E)

ACTION REQUESTED/PURPOSE:

 

 

Approve the Minutes for the following meetings of the Board of County Commissioners held during the week of June 10 thru June 14, 2013:  June 11, 2013 (Regular). (#20130581-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 the Chair or Vice Chairman to sign a delegating resolution in an aggregate principal amount not to exceed $60,000,000 for Series 2013A and a not to exceed $47,000,000 for Series 2013B for the authorization, execution and delivery of a Bond Purchase Agreement that meets certain specific criteria in connection with the Water & Sewer Refunding Revenue Bonds, Series 2013A and Series 2013B.   The 2013A bonds will be used toward the expansion of the Green Meadows Water Treatment Plant and the Series 2013B bonds will be used to refund the Water and Sewer Revenue Bonds, Series 2003A (GES acquisition).  Authorize other approvals as necessary contained in this resolution. (#20130557-COUNTY MANAGER)

 

FUNDING SOURCE:

 

Fees Paid from Bond Proceeds – Issuance Costs.

 

WHAT ACTION ACCOMPLISHES:

 

Allows greater flexibility in marketing the Water & Sewer Refunding Revenue Bonds, Series 2013A and 2013B by authorizing the Bond Purchase Agreement to be signed without reconvening the Board of County Commissioners.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Direct the County Manager and County Attorney to develop, advertise and set a Public Hearing to adopt an Amendment to Lee County Ordinance No. 97-15 (The Lee County/Florida Power & Light Electric Utility Franchise) to increase the present franchise amount from 3% to 4.5% per the terms of the Ordinance. (#20130568-COUNTY MANAGER)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

The Amending Ordinance will increase the franchise amount to be received by the County from Florida Power & Light Company for Florida Power & Light’s use of the County’s rights of way for their electric utility facilities used to provide electric service to customers in unincorporated Lee County.

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 

2.

COMMUNITY DEVELOPMENT

 

3.

CONSTRUCTION AND DESIGN

 

4.

COUNTY COMMISSIONERS

 


 

5.

COUNTY LANDS

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A) Adopt Resolution authorizing the sale of County-owned land to the State of Florida Department of Transportation (FDOT) for property located at 9541 State Road 82, in East Fort Myers, consisting of +/- 3.097 acres (134,950 square feet), and further identified as Tax STRAP No. 22-44-25-P1-00008.0000;  

B) Approve Purchase Agreement for the sale of the 3.097 acres to FDOT for the price of $134,950, pursuant to the terms and conditions set forth in the Agreement; 

C) Authorize the Chair to execute the County Deed;

D) Authorize the Division of County Lands to handle/accept documentation necessary to complete the transaction. (#20130573-COUNTY LANDS)

 

FUNDING SOURCE:

 

Revenue – Fund: General Fund; Program: Major Maintenance Projects; Project – Sale of Surplus Land.

 

WHAT ACTION ACCOMPLISHES:

 

The sale of County-owned land to FDOT for stormwater management purposes necessary for constructing improvements to Interstate 75.

 

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

 


 

13.

UTILITIES

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

1.    Adopt a resolution amending the Lee County Administrative Code approving a Financial Policy for Lee County Utilities (LCU). The Administrative Code formalizes industry recognized business and fiscal practices for utility financial management and provides guidance to financial managers in the financial planning cycle and decision making process. This Financial Policy is primarily intended to protect the Utilities Enterprise Fund's financial resources.  The need is constant for resources to provide funding for ongoing capital improvements, repairs and maintenance and financial needs of the utility.

2.   The Administrative Code provides management guidance on appropriate levels of operating and capital cash reserves as well as funds for emergencies and extraordinary expenditures.

3.    Establishing a formally adopted Financial Policy is favorably recognized by bond rating agencies, investors and the Government Finance Officers Association.  LCU has held an AA bond rating for refinancing bond issues in 2011 and 2012.   Maintaining or improving this bond rating will allow LCU to continue to be recognized as a creditworthy utility.

4.    Adherence to the Financial Policy will enable the Utility to maintain reasonable and well justified levels of rates and fees to promote the sustainability of Utilities resources.

(#20130536-UTILITIES)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Formalizes a financial policy for the County’s water and sewer systems to maintain or improve Utilities creditworthiness and financial fitness.

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 

14.

COUNTY ATTORNEY

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Adopt by resolution an Administrative Code amending Administrative Code 2-15, setting forth "The Tourist Development Council Administrative Code" procedures. (#20130478-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Updates procedures changing the composition of the Lee County Tourist Development Council as approved by the Legislature.

 

MANAGEMENT RECOMMENDATION:

 

Adopt resolution and amend Administrative Code 2-15.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Approve negotiated settlement of $76,940 in a condemnation action titled: Lee County v. Karen Pitzner., et. al. (Case Number: 11-CA-3288), Parcel 193 (fee simple interest) for the Burnt Store Road Widening Project. (#20130543-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

Fund:  Road Impact Fees; Program:  Capital Improvement Projects; Project:  Burnt Store Road Widening

 

WHAT ACTION ACCOMPLISHES:

 

Settles all claims, including attorney’s fees and costs, for condemnation of Parcel 193 in the amount of $55,000 for the property, $12,870 in attorney’s fees, and $9,070 in expert fees and costs for a total of $76,940.

 

MANAGEMENT RECOMMENDATION:

 

Approve Settlement.

 

15.

HEARING EXAMINER

 

16.

CONSTITUTIONAL OFFICERS

 

17.

PORT AUTHORITY AND OTHER GOVERNING BOARDS

 


 

9:30 AM PUBLIC HEARING AGENDA

 

1.

ACTION REQUESTED/PURPOSE:

Adopt an ordinance amending the North Fort Myers Streetlighting and Sidewalk Unit Ordinance to include parcels  fronting Laurel Drive located west of Gage Way in North Fort Myers. (#20130483-PUBLIC RESOURCES)

 

FUNDING SOURCE:

 

Fund – MSTU Dist. North Fort Myers SLD; Program – Streetlighting/Special Improvement Districts,  Roads & Streets, Streetlights.

 

WHAT ACTION ACCOMPLISHES:

 

Ordinance amends the boundaries of the North Fort Myers Streetlight & Sidewalk Unit to include additional property fronting on Laurel Drive west of Gage Way.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

2.

ACTION REQUESTED/PURPOSE:

Approve and execute Resolutions to Assess:

Anchorage Intracoastal Canal Dredging for an assessment of $500.00 per lot.

Cherry Blueberry Improvement Unit for an assessment of $141.35 per lot.

Cherry Estates O&M for an assessment of $100.00 for front units and $25.00 for back units per EAU.

Country Estates, Unit 3, Streetlighting Unit for an assessment of $50.48 per lot.

Country Lakes Streetlighting for an assessment of $52.08 per lot.

Dewberry Lane Special Improvement Unit for an assessment of $155.63 per lot.

Gasparilla Island Special Improvement for an assessment for an equivalent millage rate of 0.0375.

Golden Lake Heights Streetlighting Unit for an assessment of  $30.90 per lot.

Old Pelican Bay Channel/Canal Dredging for an assessment of $266.23 per EAU.

Pine Lake Streetlighting Unit for an assessment of $114.56 per lot.

River Forest Streetlighting MSBU for an assessment of $47.83 per parcel.

Sheltering Pine Mobile Home Village Special Improvement Unit for an assessment of $110.24 per lot.

University Overlay Landscaping O&M for an assessment for $2.54 per front foot.

(#20130530-PUBLIC RESOURCES)

 

FUNDING SOURCE:

 

Property Owners through various established MSBU's on the annual tax roll.

 

WHAT ACTION ACCOMPLISHES:

 

Provides funding for FY 2013-2014.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

3.

ACTION REQUESTED/PURPOSE:

Adopt Resolution of Final Assessment for the Port Carlos Cove Channel Dredge MSBU.

(#20130529-PUBLIC RESOURCES)

 

FUNDING SOURCE:

 

Fifth Third Bank Short Term Line of Credit through MSBU Construction Projects Fund; Subfund-Port Carlos Cove Channel Dredge MSBU; Program—Port Carlos Cove Channel Dredge; Project—Channel Dredge.  MSBU Property Owners to pay $335,662.88 through the term loan program and MSBU Fund contributing $83,915.72.

 

WHAT ACTION ACCOMPLISHES:

 

The Board is required by Ordinance to adopt a Resolution of Final Assessment.  This allows staff to finalize the project, prepare, and assess property owners for the project costs.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

9:30 AM PUBLIC HEARING AGENDA (Continued)

 

4.

ACTION REQUESTED/PURPOSE:

Conduct a Public Hearing and approve a Resolution to establish the Solid Waste Collection and Disposal Program Special Assessments, rates, and other solid waste charges for tax year 2013 (FY 13-14); approve the proposed Resolution setting the annual special assessments and fees for the 2013 tax year (for FY 13-14), and direct the special assessments to be placed onto the Lee County tax bill for collection by the Lee County Tax Collector per Section 197.3632, Florida Statutes, for FY 14 (the 2013 tax year) and each year thereafter by the terms of the Resolution. (#20130475-SOLID WASTE)

 

FUNDING SOURCE:

 

No funds required.

 

WHAT ACTION ACCOMPLISHES:

 

Lee County Ordinances Nos. 11-27 and 96-09,  as amended, require that the annual Solid Waste Collection and Disposal Special Assessments, rates and fees be adopted  before August 15th of each year.  To meet this requirement, the Board establishes the rates, assessments, and fees, and directs the special assessments to be placed onto the Lee county tax bill for 2013.  This action complies with the requirements of Lee County Ordinance Nos. 11-27 and 96-09, as amended and establishes the annual special assessments, rates and fees by Resolution for the Mandatory Solid Waste Collection and Disposal Program for FY 13-14.

 

MANAGEMENT RECOMMENDATION:

 

Approve proposed Resolution setting the annual special assessments, rates, and solid waste charges for the 2013 tax year (FY13-14) and direct the special assessments to be placed onto the Lee County tax bill for collection.

 

5.

ACTION REQUESTED/PURPOSE:

Conduct a Public Hearing to consider repealing and replacing in the entirety Lee County Ordinance No. 07-28, as amended by Ordinance Nos. 09-01, 10-31, and 13-07, known and cited as "The Lee County Tourist Development Ordinance". (#20130505-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Recently the Legislature approved CS/HB 1007, a Special Act changing the composition of the Lee County Tourist Development Council.  This change resulted in the two municipalities with the highest tax collection to rotate every two years as well as the third local government representative rotating every two years instead of every four years.  Additionally, other amendments provide the Clerk of Courts more authority to collect the Tourist Development Tax.

 

MANAGEMENT RECOMMENDATION:

 

Repeal and replace Lee County Ordinance No. 07-28, as amended by Ordinance Nos. 09-01, 10-31, and 13-07, and adopt new Ordinance.

 

6.

ACTION REQUESTED/PURPOSE:

Conduct a public hearing to consider proposed amendments to the Lee County Personal Watercraft Rental Vendor and Parasailing License Ordinance. (#20130517-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

If adopted, the proposed amendments will allow rental of personal watercraft for eco-tours at a full service marina adjacent to Connie Mack Island – a location that does not enjoy direct or proximate access to a sandy beach area.

 

MANAGEMENT RECOMMENDATION:

 

 

 

7.

ACTION REQUESTED/PURPOSE:

Conduct a public hearing to consider adoption of proposed amendments to the Lee County Vessel Control and Water Safety Ordinance. (#20130518-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

If adopted, the proposed ordinance will allow rental of personal watercraft for eco-tours from a full service marina adjacent to Connie Mack Island – a location that does not enjoy direct or proximate access to a sandy beach area.

 

MANAGEMENT RECOMMENDATION:

 

 

 

 


 

9:30 AM PUBLIC HEARING AGENDA (Continued)

 

8.

ACTION REQUESTED/PURPOSE:

Consider granting a change to the current Certificate of Public Convenience and Necessity (COPCN) held by Ambitrans Medical Support, Inc. (Ambitrans) to allow Ambitrans to provide Advanced Life Support (ALS) and Basic Life Support (BLS) non-emergent ambulance transport service for inter-facility transports including acute care to Lee Memorial Health System (LMHS). (#20130577-PUBLIC SAFETY)

 

FUNDING SOURCE:

 

Revenue neutral.

 

WHAT ACTION ACCOMPLISHES:

 

Provides Ambitrans Medical Support, Inc. with the certificate required by Florida Statutes to support a change in the services Ambitrans is permitted to provide under its existing transport license. This action allows Ambitrans to provide non-emergent inter-facility transport for acute care patients to Lee Memorial Health System in addition to the services currently provided for psychiatric patients and Veterans Administration patients.  The approval will also allow Ambitrans to continue providing medically necessary non-emergent inter-facility transports to out-of-county facilities.  If approved, this action will allow Lee County EMS to re-allocate ambulance resources to its core mission--pre-hospital, emergency 911 care and will provide relief to the patient off-load/delivery issues.

 

MANAGEMENT RECOMMENDATION:

 

Management recommends approval.   

 

9.

ACTION REQUESTED/PURPOSE:

Conduct a public hearing regarding approval of a two-year Certificate of Public Convenience and Necessity (COCPN) for Air Methods Corporation dba Lee Flight to conduct advance life support (ALS) transport service, with the right to maintain, operate and control an air ambulance service within the geographic area designated as Lee County.

 (#20130578-PUBLIC SAFETY)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

In partnership with Lee County, Air Methods Corporation will provide critical care air ambulance service capable of rapid response and transport for both on scene patients and those requiring inter-facility transfer that are either emergent or require an advanced level of care.  As a precursor to provision of these air ambulance services, Air Methods Corporation is required to amend their State License to include Lee County; and a COPCN from Lee County is necessary to complete the state license application.  Approval will allow the LeeFlight program to move forward as anticipated, beginning July 1, 2013.

 

MANAGEMENT RECOMMENDATION:

 

Management recommends approval.

 


 

WALK ON AGENDA

 

1.

ACTION REQUESTED/PURPOSE:

(1) Approve Cooperation Agreement (CA) between the United States of America and Lee County, Florida for Rehabilitation of the Gasparilla Island Segment of the Lee County, Florida Shore Protection Project.  (2) Approve Project Partnership Agreement (PPA) Between the Department of the Army and Lee County, Florida for Periodic Nourishment of the Gasparilla Island Segment of the Lee County, Florida Shore Protection Project.  (3) Authorize staff to negotiate additional work by the Army Corps selected contractor to expand the southern limits of the fill area beyond the Belcher Road seawall.  (4) Approve transfer of $4,000,000 from Capital Improvement Tourist Development Beach Projects - Reserves for Future Capital Outlay to Gasparilla Island Beach Restoration Project (Project No. 403023). (5) Authorize Chairman to execute a Use Agreement (UA) for State Park property on Gasparilla Island that is substantially similar to the UA approved by the Board on 6-18-2013.

(#20130584-NATURAL RESOURCES)

 

FUNDING SOURCE:

 

Fund – Capital Improvement, Tourist Development Beach Projects; Program – Marine Services Major Maintenance Projects; Project – Gasparilla Island Beach Restoration.  This was not funded in the adopted budget, however, sufficient reserves were accumulated in anticipation of future projects including Gasparilla nourishment and are available for this expense upon approval of the transfer from reserves.

 

WHAT ACTION ACCOMPLISHES:

 

Establishes roles and responsibilities for (1) the repair of damages caused by Tropical Storm Debby in June 2012 at 100% federal cost; (2) the construction of the balance of the Gasparilla beach project to restore the design template under a cost shared scenario 54.4% Federal and 45.6% Non-federal (will be state and county shared); (3) allows for potential to include sand placement in front of the badly deteriorated Belcher Road seawall; (4) transfer moves funds from reserves into the project account; (5) allows for use of the state park property for construction access and sand placement.

 

MANAGEMENT RECOMMENDATION:

 

Approve all five portions of the action requested.

 

REASON FOR WALK ON:

 

Failure to execute the document in a timely manner will have a detrimental effect on the Corps bidding schedule.

 

2.

ACTION REQUESTED/PURPOSE:

Consider approval of an Employment Agreement with Roger Desjarlais for services to be performed as the Lee County Manager.  If approved by the Board, authorize the Chair to execute same on behalf of the Board, should a background check clear Mr. Desjarlais for employment with Lee County.

(#20130587-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

Fund – General Fund; Program – County Manager; Project – Personnel.

 

WHAT ACTION ACCOMPLISHES:

 

Allows the Board of County Commissioners to discuss the County Manager Employment Agreement and take action as deemed appropriate.

 

MANAGEMENT RECOMMENDATION:

 

N/A.

 

REASON FOR WALK ON:

 

Reason for walk-on is at the request of the Commissioners and allows Roger Desjarlais to assume duties as County Manager as of July 1st.