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 04, 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:  Reverend Joseph Gabriel, Full Gospel Assembly

 

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 Elder Abuse Awareness Day. (#20130486-Commissioner Hall)

 


 

CONSENT AGENDA

 

1.

COUNTY ADMINISTRATION

 

2.

COMMUNITY DEVELOPMENT

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve the transfer of $260,014 from reserves to the Lee County State Housing Initiative Partnership (SHIP) program fund.  These funds include funds received in FY 12/13 from the Florida Housing Finance Corporation (FHFC) along with funds received in FY 11/12 from the FHFC, accumulated interest, and recaptured program funds that were not included in the annual carryover Blue sheet.

(#20130454-COMMUNITY DEVELOPMENT)

 

FUNDING SOURCE:

 

The State of Florida – SHIP Grant Funding (This is not part of FY12/13 budget as it was unexpected state funding.)  

 

WHAT ACTION ACCOMPLISHES:

 

The transfer moves the funds into the correct budget line item, creating a budget for SHIP grant awards.  Money will be deposited into Planning budget for SHIP.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Execute grant award agreements for the 2012/2013 Lee County Historic Preservation Grant Assistance Program as recommended by the Lee County Historic Preservation Board and staff.

(#20130473-COMMUNITY DEVELOPMENT)

 

FUNDING SOURCE:

 

Fund - Unincorporated MSTU; Program - Community Development/Planning; Project - Historic Preservation. Funds are included in the FY 12/13 Operating Budget.

 

WHAT ACTION ACCOMPLISHES:

 

Allows grantees to use funds to rehabilitate 7 historic properties.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

3.

CONSTRUCTION AND DESIGN

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve the Owner's Release of Lien, Owner's Affidavit and Bill of Sale between Lee County and Florida Governmental Utility Authority (FGUA) which are necessary to provide potable water services to the Lee County Gun Range; Authorize the Chair to execute all documents.

(#20130474-CONSTRUCTION AND DESIGN)

 

FUNDING SOURCE:

 

No funding required.

 

WHAT ACTION ACCOMPLISHES:

 

Allows the FGUA to provide potable water services for the Lee County Gun Range in lieu of the existing water and well system.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

3.

CONSTRUCTION AND DESIGN (Continued)

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

A) Approve utilizing unspent bond proceeds from the Tourist Development Tax Revenue Bonds, Series 2010A for construction of jetBlue Park to be used to pay debt service on the bonds.

B) Approve Budget Resolution and Budget Transfer in the amount of $9,400 from the Red Sox Stadium project to the Tourist Development Revenue Series 2010C debt service fund and amend FY 12/13 budget accordingly. (#20130477-CONSTRUCTION AND DESIGN)

 

FUNDING SOURCE:

 

Fund - Tourist Development Tax Revenue Bonds Series 2010A; Program - Capital Project;   Project - Red Sox Stadium.  Budget and funds are available to transfer the unspent bond proceeds.

 

WHAT ACTION ACCOMPLISHES:

 

Authorizes unspent bond proceeds for the construction of the new Red Sox Stadium, named jetBlue Park, to be used for payment of debt service on the Series 2010C bonds.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

4.

COUNTY COMMISSIONERS

 

5.

COUNTY LANDS

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A)  Approve and execute the acceptance of two Perpetual Public Utility Easements from the City of Fort Myers across a portion of the new Emergency Operations Center (EOC) property located at 2501-2675 Ortiz Avenue in East Fort Myers, further identified as part of STRAP Number 21-44-25-P1-00100.0710;

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

C) Authorize Division of County Lands to handle all documentation necessary to complete the transaction. (#20130458-COUNTY LANDS)

 

FUNDING SOURCE:

 

Fund:  All Hazards Construction Fund; Program: Capital Project; Project:  Lee County Emergency Operations Center.  Funds are included in the approved FY 12/13 CIP Budget.

 

WHAT ACTION ACCOMPLISHES:

 

Provides public utility easements for service and maintenance of the water and sanitary sewer systems for the new EOC facility.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

6.

HUMAN SERVICES

 


 

7.

INDEPENDENT

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

(A) Approve an increase in annual expenditures from $100,000 to $200,000 under Informal Quotation IT120458 regarding the Annual Purchase of Ford Service and Repair on a County-wide basis from the awarded (local) vendor, Sam Galloway Ford, at the prices listed on the attached Lee County Tabulation Sheet.  The initial term of this quote is one year (originally awarded 8/27/2012).

(B) Grant the Procurement Director the authority to renew the quote on an annual basis for the remaining four additional one-year periods, at the same terms and conditions (e.g., price, quality of service, etc.) if in the best interest of Lee County.

(C) Grant the Procurement Director the discretion to exercise the price escalator clause per the bid specifications on an as-needed-basis.

(D) Approve an estimated annual expenditure for Ford service and repair of $200,000.

(E) Approve an annual increase in the annual expenditure amount of not -to-exceed 10% per year for the term of the quote to allow for possible cost increases. (#20130455-PROCUREMENT MANAGEMENT)

 

FUNDING SOURCE:

 

For Solid Waste:  Solid Waste System-Ops – Disposal Facilities – Vehicle Maintenance; For Transit:  Ind. Div., Fixed Route, Transit Operating Fund, Vehicle Maintenance; For Fleet:  Fleet Management, Rolling & Motorized Equipment, Vehicle Maintenance.  (All have been budgeted for in the individual Department’s Operating Budgets for FY-13.)

 

WHAT ACTION ACCOMPLISHES:

 

This action will allow Fleet Management, Lee Tran, and Solid Waste to obtain service and repair of various Ford vehicles in their fleets on an as needed basis in a cost effective, efficient, and timely manner.  It also acts as a waiver from the formal quotation process applicable to annual expenditures over $100,000, to allow the existing Informal Quotation to remain in place for the balance of the previously approved quote term.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

A) Approve and execute a Memorandum of Understanding (MOU) between the Lee County Board of County Commissioners and the City of Fort Myers for the open-ended lease of technology equipment cabinet space at the Lee County Emergency Operations Center building at a rent of $500 per month plus $0.004821/KWh for the use of electricity for the IT equipment.  Also, authorize County personnel to negotiate increases to the lease payment as appropriate over the term of the agreement.

B) Approve and execute a Memorandum of Understanding (MOU) between the Lee County Board of County Commissioners and the City of Fort Myers for an open-ended agreement to engage in shared fiber placement at several locations throughout the City.

C) Authorize Chair to execute both MOU's on behalf of the Board.

(#20130459-INFORMATION TECHNOLOGY GROUP)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Allows the County and the City to collaborate technology in a cost-effective and mutual beneficial manner.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

8.

NATURAL RESOURCES/SOLID WASTE

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve Resolution requesting funding of the “Countywide Navigation Improvement Project 2013” from the West Coast Inland Navigation District (WCIND) Countywide Navigation Improvement Fund (CNIF) in the amount of $500,000. Approve agreement between Lee County and WCIND for administration of the navigation improvement project. Approve Budget Amendment Resolution for FY 12/13 in the amount of $500,000 in major maintenance project 40314700100, Navigation Improvements.

(#20130465-NATURAL RESOURCES)

 

FUNDING SOURCE:

 

WCIND Countywide Navigation Improvement Fund (WCIND Reimbursement; no match is required). Grant funds are included annually in the major maintenance budget for Navigation Improvements.

 

WHAT ACTION ACCOMPLISHES:

 

Formalizes funding request to WCIND and corresponding agreement between the County and WCIND.

 

MANAGEMENT RECOMMENDATION:

 

Staff recommends approval.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Approve attached Resolution to the West Coast Inland Navigation District (WCIND) requesting funding totaling $1,482,944.00, for FY13/14 for the projects listed in priority order.  Authorize Natural Resources Division Liaison to sign and submit applications.   Authorize the Chairman of the Lee County Board of County Commissioners to execute and submit any project funding agreements pertaining to projects on this priority list as approved by WCIND up to the amount shown herein. (#20130466-NATURAL RESOURCES)

 

FUNDING SOURCE:

 

No County funds required at this time.  A budget amendment resolution will be processed to account for WCIND Waterway Development Program funds as awarded.

 

WHAT ACTION ACCOMPLISHES:

 

Provide Resolution per WCIND requirements for requesting grant funding.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

9.

PARKS AND RECREATION

 

10.

PUBLIC SAFETY

 

11.

PUBLIC WORKS ADMINISTRATION

 

12.

TRANSPORTATION

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Accept a non-exclusive perpetual right-of-way easement grant for a bikeway/pedestrian way constructed as part of the Hancock Petroleum Developers'' LDO 2013-00332, on Hancock Bridge Parkway in Lee County. (#20130436-TRANSPORTATION)

 

FUNDING SOURCE:

 

Fund – Transportation Trust; Program – Transportation Operations – Roadway Maintenance. Future maintenance costs will be included in DOT operations budgets once the asset (sidewalk) 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. 10-256 and provides for the maintenance of the facility by Lee County DOT.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

12.

TRANSPORTATION (Continued)

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

A)  Approve Supplemental Task Authorization (STA) No. 1 to CN-12-13 MISCELLANEOUS PROFESSIONAL SERVICES, to Hole Montes, Inc (a local consultant), contract No. 6186 for project VILLAS SIDEWALKS ON BEACON STREET AND SUNRISE BOULEVARD in a Not to Exceed amount of $ 141,900. Project duration is 360 days.

B)  Grant the Lee County DOT Director the discretion to approve expenditures for contingencies and other incidental project costs in the amount of $14,190.

C)  Authorize Chair to execute Supplemental Task Authorization on behalf of the Board.

(#20130426-TRANSPORTATION)

 

FUNDING SOURCE:

 

($15,000) Fund – Road Impact Fees Central District; Program – Capital Projects; Project – Bicycle Pedestrian Improvements ($126,900) – Fund – Transportation Capital Improvement; Project – Bicycle Pedestrian Improvements.  This project was anticipated and design funds are available in the FY 2012/13 Capital Improvement Program, the construction phase is programmed in the FY 2013/14 CIP with Road Impact Fees and estimated to cost $250,000, for a total project budgeted amount of $391,900.

 

WHAT ACTION ACCOMPLISHES:

 

Provides professional services to supply engineering, surveying and design services  for a 5’ sidewalk within the Villas Subdivision on Beacon Street from Harvard Avenue to Crystal Drive and on Sunrise Boulevard from Austin Street to Fordham Street.  Engineer will also prepare bid documents and provide post design services for the construction phase.

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

A) Approve Change Order No. 1 to project B-12-20 DEL PRADO BOULEVARD RESURFACING AND ROADWAY IMPROVEMENTS, to Ajax Paving, LLC contract 6276 in the amount of $93,537.89.

B) Approve a transfer of funds in the amount of $94,000.00 from Project #205079 Daniels Resurfacing in Fund #30700 Transportation Capital Improvement.

C)  Authorize Chair to execute the Change Order on behalf of the Board. (#20130461-TRANSPORTATION)

 

FUNDING SOURCE:

 

Fund – Transportation Capital Improvement; Program – Capital Projects; Project – Del Prado Signals/Resurfacing. Funds for this change order were not specifically budgeted in the Del Prado Project but due to low bid prices on the Daniels Resurfacing Project funds are available in DOT’s overall Capital Improvement Program. Upon approval of Action B the funds can be transferred into the Del Prado Project.

 

WHAT ACTION ACCOMPLISHES:

 

Provides for the removal and replacement of inlet tops along the portion of Del Prado Boulevard that is being resurfaced, from Cape Coral Parkway to Coronado Parkway.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

13.

UTILITIES

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - McDonald's (BS 20130332/26642, TAK/SDG): Record one (1) utility easement, as a donation to cover portions of existing LCU water infrastructure within the recently constructed McDonald's Restaurant site on San Carlos Boulevard.  This is a Developer Contributed asset project located on the northwest corner of Summerlin Road and San Carlos Boulevard.

(#20130332-UTILITIES)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Ensures that Lee County Utilities personnel have proper access to all infrastructure owned and maintained by Lee County as required by the criteria set forth by the Lee County Utilities Design Manual.

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 


 

13.

UTILITIES (Continued)

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - Perkins (BS 20130410/26724, TAK/SDG): Record one (1) utility easement, as a donation to cover portions of existing LCU wastewater infrastructure within the existing Perkins Restaurant site at 14801 S. Tamiami Trail.  This is a Developer Contributed asset project located on the southeast corner of Ben C. Pratt Six Mile Cypress Parkway and S. Tamiami Trail. (#20130410-UTILITIES)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Ensures that Lee County Utilities personnel have proper access to all infrastructure owned and maintained by Lee County as required by the criteria set forth by the Lee County Utilities Design Manual.

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - Greek Orthodox Church Lift Station (BS 20130411/26725, MMM/SDG):  Approve final acceptance, by Resolution, as a donation of one force main connection, to provide sanitary sewer service to the ''GREEK ORTHODOX CHURCH (PRIVATE) LIFT STATION'', an existing place of worship.  This is a Developer contributed asset project located at the northwest corner of Cypress Lake Drive and Edison Lane. (#20130411-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 - James Mann Properties, LLC (BS 20130412/26726, MMM/SDG):  Approve final acceptance, by Resolution, as a donation of one 8'' diameter fire line to provide fire protection to ''JAMES MANN PROPERTIES, LLC'', an existing industrial business.  This is a Developer contributed asset project located along the north side of Alico Road approximately one mile east of South Tamiami Trail. (#20130412-UTILITIES)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

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

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 

 

E)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - North Fort Myers U-Haul (BS 20130414/26728, MMM/SDG):  Approve final acceptance, by Resolution and recording of one (1) utility easement, as a donation of one 6" diameter fire line for fire protection to ''NORTH FORT MYERS U-HAUL'', a recently renovated commercial building.  

This is a Developer contributed asset project located along the west side of North Cleveland Avenue approximately one mile north of Littleton Road. (#20130414-UTILITIES)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

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

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 


 

13.

UTILITIES (Continued)

 

 

F)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - The Preserve at Corkscrew, Phase 2B (BS 20130417/26731, THO/SDG):  Approve final acceptance, by Resolution, as a donation of water and force main extensions to provide potable water service, fire protection and sanitary sewer service to ''THE PRESERVE AT CORKSCREW, PHASE 2B'', a phased residential development.  This is a Developer contributed asset project located on the south side of Corkscrew Road approximately two miles east of Ben Hill Griffin Parkway. (#20130417-UTILITIES)

 

FUNDING SOURCE:

 

N/A.

 

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.

 

 

G)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - Suncoast Schools FCU - Underwood Drive (BS 20130418/26732, 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 ''SUNCOAST SCHOOLS FCU - UNDERWOOD DRIVE'', a recently constructed commercial building.  This is a Developer contributed asset project located along the east side of Underwood Drive approximately 500'' south of Palm Beach Boulevard. (#20130418-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.

 

 

H)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - RaceTrac at Ortiz Avenue (BS 20130457/26775, THO/SDG):  Approve final acceptance, by Resolution, as a donation of 110  lf of 30" diameter steel casing, to provide protection to the existing potable water main located at both entrances to the recently constructed ''RACETRAC AT ORTIZ AVENUE'' project.  This is a Developer contributed asset project located at the southeast corner of Martin Luther King Jr. Boulevard and Ortiz Avenue. (#20130457-UTILITIES)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Complies with the Lee County Utilities Design Manual.

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 


 

13.

UTILITIES (Continued)

 

 

I)

ACTION REQUESTED/PURPOSE:

 

 

A) Approve Professional Service Agreement for CN130004 THREE OAKS WWTP OXIDATION DITCH IMPROVEMENTS, to CDM Smith, Inc., in an amount not-to-exceed $160,000 for Phase 1 (design) of a two phase project 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 $15,000 (9.4% of design cost).

D) Authorize staff to conduct the negotiations with CDM Smith, Inc. for the services required to implement the second phase of this project, if the Utilities Director determines doing so is in the best interest of Lee County. The Phase 2 services will include, but are not limited to design, permitting and construction engineering/inspection services.  All additional costs associated with Phase 2 will be brought back to the Board for approval as a Supplemental Task Authorization 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. (#20130481-UTILITIES)

 

FUNDING SOURCE:

 

Funds: Utilities Capital Improvements; Program:  Capital Projects; Project:  Three Oaks Oxidation Ditch Improvements.  This project was initially funded in the FY 11/12 capital improvement budget and has been carried over to this Fiscal Year’s capital improvement budget.

 

WHAT ACTION ACCOMPLISHES:

 

Provides Lee County with a professional consultant to (1) perform a process evaluation of the existing oxidation ditches at the Three Oaks Wastewater Treatment Plant (WWTP); (2) make recommendations regarding alternatives to improve the oxidation ditches to meet full treatment capacity; and, (3) prepare a Basis of Design Report.  At the Board’s discretion, this contract may be amended, through a Supplement Task Authorization (STA), to allow CDM Smith to provide the additional services required for the Phase 2 pertaining to the construction design and permitting of the alternative chosen by the County as well as construction administration services. Award of the contract for Phase 2 will be granted independent of the provision of services for Phase 1 and will be presented to the Board for formal consideration and approval.  Anticipated construction costs and total project costs are not known at this time.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

J)

ACTION REQUESTED/PURPOSE:

 

 

Olde Hickory Golf & Country Club - Reconveyance (BS 20130482/26800, TAK/SDG): 

a) Approve a request to reconvey those rights held by the County in an unused portion of a certain utility easement on the clubhouse tract of this existing residential community, "Olde Hickory Golf & Country Club", located on the east side of Fiddlesticks Boulevard approximately 1 ½ miles south of Daniels Parkway, in Section 27, Township 45 South, Range 25 East, Lee County, to the current property owner; and

b) Authorize Chair, on behalf of the Board to execute a County Deed for this purpose; and,

c) Authorize Lee County Utilities and the Office of the County Attorney to handle and complete all documentation necessary. (#20130482-UTILITIES)

 

FUNDING SOURCE:

 

No funding is required by this action.  The requesting party will provide all necessary recording fees.

 

WHAT ACTION ACCOMPLISHES:

 

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

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 


 

14.

COUNTY ATTORNEY

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Direct an amendment to the Lee County Personal Watercraft Rental Vendor and Parasailing License Ordinance to Public Hearing in Board Chambers on June 25, 2013 at 9:30 a.m. or as soon thereafter as it may be heard. (#20130445-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Sets a public hearing date for consideration of a proposed amendment to the Personal Watercraft Rental Vendor and Parasailing License ordinance and allows for publication of the required notice.  The proposed amendment will allow rental of personal watercraft for eco-tours at a full service marina adjacent to Connie Mack Island, which does not enjoy direct or proximate access to a sandy beach area.

 

MANAGEMENT RECOMMENDATION:

 

 

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Direct an amendment to the Lee County Vessel Control and Water Safety Ordinance (08-014) to Public Hearing in Board Chambers on June 25, 2013 at 9:30 a.m. or as soon thereafter as it may be heard. (#20130446-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

N/A

 

WHAT ACTION ACCOMPLISHES:

 

Sets public hearing for consideration of a proposed amendment to the Lee County Vessel Control and Water Safety Ordinance and allows for publication of notice.  The proposed ordinance will allow rental of personal watercraft for eco‑tours from a full service marina adjacent to Connie Mack Island, that does not enjoy direct or proximate access to a sandy beach area.

 

MANAGEMENT RECOMMENDATION:

 

 

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

Request permission to advertise for and conduct a Public Hearing on Tuesday, June 25, 2013, at 9:30 a.m. repealing and replacing 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".

(#20130476-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Recently the Legislature approved 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.  Allows the process for ordinance revision to go forward to Public Hearing for adoption.

 

MANAGEMENT RECOMMENDATION:

 

Set Public Hearing date for Tuesday, June 25, 2013.

 

15.

HEARING EXAMINER

 


 

16.

CONSTITUTIONAL OFFICERS

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve the Minutes for the following meetings of the Board of County Commissioners held during the week of May 20 thru May 24, 2013:  May 20, 2013 (Management & Planning), May 21, 2013 (Regular). (#20130487-MINUTES)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

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

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

B)

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. (#20130488-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

 

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-130199 to waive the formal quotation procedure, and allow the Lee County Library System (LCLS) to establish Unique Management Services, Inc. (UMS) as a sole source provider for the following services:  collection of library patron overdue fines and fees; and recovery of lost library materials.

(B) Approve and authorize the Chair to execute on behalf of the Board the attached Purchasing Agreement, which provides for one year of service with the option to renew for four additional one year periods.  Total term of contract with renewals:  April 29, 2013 through April 28, 2018.

(C) Authorize estimated annual expenditures for existing and expanded services of $126,000 for FY 12-13 and $110,000 for the subsequent four year periods. [The average annual expenditure for existing service (UMS Standard Balance Program) over the past four years is $87,500.  The anticipated increase stems from implementing a UMS Small Balance Program to target small patron account balances (less than $25) and industry standard more expansive credit reporting services.  The higher cost for FY 12-13 of $126,000 additionally stems from the start up of the Small Balance Program to retroactively pick up all eligible accounts starting January 1, 2012.  As with the existing service agreement, UMS charges will be budget neutral.] (#20130434-LIBRARY)

 

FUNDING SOURCE:

 

Fund - Library Fund, Program – Library Services, Other Contracted Services (included in the FY 12-13 Operating Budget for UMS’s existing services) plus FY 12-13 lapse salary dollars to cover the unanticipated retroactive accounts for Small Balance Program start up.

 

WHAT ACTION ACCOMPLISHES:

 

Authorizes a sole source provider to continue handling the collection of library patron overdue fines and fees and recovery of lost library materials.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

8.

NATURAL RESOURCES/SOLID WASTE

 

9.

PARKS AND RECREATION

 

10.

PUBLIC SAFETY

 

11.

PUBLIC WORKS ADMINISTRATION

 


 

12.

TRANSPORTATION

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve Settlement Agreement between Lee County and Safeco Insurance Company of America to close out the Colonial Boulevard widening project from west of I-75 to SR82. (#20130462-TRANSPORTATION)

 

FUNDING SOURCE:

 

No additional funds required for this specific action. Funds are available in the Colonial Six Laning CIP Project #204054 to cover the cost of the final invoice.

 

WHAT ACTION ACCOMPLISHES:

 

Provides settlement of all outstanding issues on the project, resolves all disputes regarding time, labor issues, compensates Lee County for actual damages incurred as a result of the Contractor’s default and provides mutual releases for all parties involved.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

13.

UTILITIES

 

14.

COUNTY ATTORNEY

 

15.

HEARING EXAMINER

 

16.

CONSTITUTIONAL OFFICERS

 

17.

PORT AUTHORITY AND OTHER GOVERNING BOARDS

 


 

WALK ON AGENDA

 

1.

Ceremonial presentation recognizing the Tobacco-Free Lee Coalition. (#20130514-Commissioner Kiker)