District #1                            District #2                                District #3                                District #4                                    District #5

John E. Manning                 Cecil L Pendergrass                 Larry Kiker                               Tammy Hall                                 Frank Mann

                                                Chair                                          Vice Chair


Roger Desjarlais                                                                                                                                    Andrea R. Fraser

County Manager                                                                                                                                            Interim County Attorney

September 10, 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. 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 Tom Willetts, Good Shepherd United Methodist Church

 

Pledge of Allegiance

 

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 Items

 

County Attorney Items

 

Public Presentation of Matters by Citizens

 

Adjourn


CONSENT AGENDA

 

1.

COUNTY ADMINISTRATION

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve budget amendment resolutions to:

-- accept additional tourist development tax revenue in the amount of $3,500,000 ($28.2 million compared to the original budget of $24.7 million).

-- allocate this to the FY 2012-13 Visitor & Convention Bureau (VCB) fund, Debt Services Funds & Capital Improvement-Beach & Shoreline Fund, based on their stipulated percentages.

(#20130731-VISITOR AND CONVENTION BUREAU)

 

FUNDING SOURCE:

 

Tourist Development Tax Revenue.

 

WHAT ACTION ACCOMPLISHES:

 

Adjusts revenue, stadium debt service and the beach & shoreline funds.  This will provide a more accurate reflection of tourist tax revenue while adjusting the stadium debt services and beach & shoreline budgets and reserve balances.  Additionally, $1,230,345 for professional services reimbursed by the Unincorporated MSTU Fund will be transferred to the Beach & Shoreline Fund.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

2.

COMMUNITY DEVELOPMENT

 

3.

CONSTRUCTION AND DESIGN

 

4.

COUNTY COMMISSIONERS

 

5.

COUNTY LANDS

 

6.

HUMAN SERVICES

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A) Approve B-130467 Emergency Repair Services for Rehabilitation Program, to be awarded to the six lowest responsive, responsible, qualified bidders meeting all requirements; A&A Extreme Air Corp. (HVAC) (local/DBE), Solomon’s Air Conditioning and Appliance, Inc. (HVAC) (local/DBE), Acra Electric, Inc.  (local), Patrick’s Electric Company (local), Florida’s Finest Industries, Inc. (GC) (local) and This N' That Services, Inc. (Alternate GC) (local). Based upon each contractor’s bid price of hourly rates plus materials the annual expenditure will be $ 150,000.00.

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

C)  Grant the Procurement Director the authority, with County Administration approval, to administratively negotiate and renew this quote for an additional one-year period under the same terms and conditions, if renewal/extension is in the best interest of Lee County; and to exercise the price escalator clause. No increase in pricing will be allowed during the first year. (#20130739-HUMAN SERVICES)

 

FUNDING SOURCE:

 

Fund – Federal Grant through Community Development Block Grant (CDBG) Entitlement Grant Fund; Program – U.S. Department of Housing and Urban Development; Project – CDBG Year 23.

Account String: 11103813920.508302.1132.

 

WHAT ACTION ACCOMPLISHES:

 

Provides the Department of Human Services with licensed contractors to perform HVAC Repairs, Electrical Repairs, and General Contracting Services for their Emergency Rehabilitation Program.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

7.

INDEPENDENT

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Authorize application to Florida Department of State, Division of Library Information Services for fiscal year 2013-2014 State Aid to Libraries Grant.  State Statute requires application by October 1, 2013 to be considered eligible for Chapter 257 funds. (#20130751-LIBRARY)

 

FUNDING SOURCE:

 

No Lee County funding required.

 

WHAT ACTION ACCOMPLISHES:

 

Allows staff to recommend Lee County apply for 2013-2014 State Aid to Libraries Grant Funds.

 

MANAGEMENT RECOMMENDATION:

 

Recommends Approval.

 

8.

NATURAL RESOURCES/SOLID WASTE

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve listing of two (2) Mandatory Garbage Hardship Payment Deferral requests for Fiscal Year 13/14, October 1, 2013 through September 30, 2014.  Approved listing will be submitted to the Property Appraiser for proper notation on the solid waste roll, and the Solid Waste Division will record a lien against the applicant's property. (#20130699-SOLID WASTE)

 

FUNDING SOURCE:

 

No funds required.

 

WHAT ACTION ACCOMPLISHES:

 

Defers the annual Solid Waste Assessment payment and provides for the recording of liens under the Mandatory Garbage Hardship Deferral Program.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

9.

PARKS AND RECREATION

 

10.

PUBLIC SAFETY

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A) Approve the submittal of an application for $90,533 in grant funds under the Department of Health, Bureau of Emergency Medical Services, EMS County grant program.

B) Adopt a Resolution certifying that the County will use the EMS County grant funds solely for the purpose of improving and enhancing Lee County's existing EMS pre-hospital system; and, that the funds will not be used to supplant existing County EMS budget allocations.

C) Authorize the Public Safety Director to accept the grant funds in the amount of $90,533 on behalf of the County.

D)Adopt a budget resolution in the amount of  $90,533 to recognize the grant funds and allow their expenditure in accordance with the terms of the grant agreement.(#20130683-PUBLIC SAFETY)

 

FUNDING SOURCE:

 

Fund – EMS County Award Grant Fund; Program – EMS County Award Grant FY13; Project – Improve and/or enhance existing EMS pre-hospital system.

 

WHAT ACTION ACCOMPLISHES:

 

The action completes the application and agreement process allowing Lee County EMS to apply for and accept the EMS County grant funds in the amount of $90,533.00.

 

MANAGEMENT RECOMMENDATION:

 

Staff recommends approval.

 


 

10.

PUBLIC SAFETY (Continued)

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

A) Accept grant funds in the amount of $14,607 from the State of Florida, Division of Emergency Management to be used for maintenance of the County’s Hazardous Material Emergency Response Plan.

B) Authorize Chair to approve and execute the required State-Funded Subgrant Agreement between Lee County and the State of Florida, Division of Emergency Management. 

C) Approve a Budget Amendment to accept the funds into the All Hazards Fund for FY13/14 in the amount of $14,607 and approve expenditure of a like amount. (#20130756-PUBLIC SAFETY)

 

FUNDING SOURCE:

 

All Hazards Fund/Public Safety Grant.

 

WHAT ACTION ACCOMPLISHES:

 

Allows the County to accept funding to support maintenance of the federally mandated Lee County Hazardous Material Emergency Response Plan.   In accordance with the grant agreement the funds will be used to update the hazard analysis for a number of sites located in Lee County that have reported to the State Emergency Response Commissioner the presence of certain extremely hazardous substances in quantities above the designated threshold planning quantity.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

11.

PUBLIC WORKS ADMINISTRATION

 

12.

TRANSPORTATION

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A)  Approve Change Order No. 3 to project CN-10-15 CEI SERVICES FOR BONITA BEACH ROAD, to HighSpans Engineering, Inc., Contract No. 5592 in the amount of $58,900.00 for additional CEI services related to Bonita Beach Road Phase II six lane widening from Business 41 to Lime Street.

B)  Authorize Chair to execute Change Order No. 3 on behalf of the Board.

(#20130711-TRANSPORTATION)

 

FUNDING SOURCE:

 

Fund – Road Impact Fees – Southwest District; Program – Capital Projects; Project – Bonita Beach Road Phase II.

 

WHAT ACTION ACCOMPLISHES:

 

Provides continued Construction Engineering Inspection (CEI) services and adds 100 calendar days to agreement due to additional work, including paving, signing and pavement markings, bike lane markups, project tie-ins, signalization items, pipe video analysis and repair, and project close out.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

13.

UTILITIES

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - Nite-Bright Signs Company (BS 20130738/27061, MMM/SDG):  Approve final acceptance, by Resolution and recording of one (1) utility easement, as a donation of one 6’' diameter fire line, to provide fire protection to the existing 'NITE-BRIGHT SIGNS COMPANY'. This is a Developer contributed asset project located along the east side of Pine Ridge Road approximately 500' south of Kelly Road.

 

FUNDING SOURCE:

 

No funds required.

 

WHAT ACTION ACCOMPLISHES:

 

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

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 


 

13.

UTILITIES (Continued)

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - RaceTrac at Alico Road  (BS 20130745/27068, MMM/SDG):  Approve construction of  water and gravity main extensions serving ''RACETRAC AT ALICO ROAD'', to provide potable water service, fire protection, and sanitary sewer service to this proposed commercial building. This is a Developer contributed asset project located at the northeast corner of Alico Road and Lee Road. (#20130745-UTILITIES)

 

FUNDING SOURCE:

 

No funds required.

 

WHAT ACTION ACCOMPLISHES:

 

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

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 

14.

COUNTY ATTORNEY

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Direct an ordinance establishing the Lee County Abandoned Property Registration Program to public hearing in the Lee County Board Commission Chambers on September 24, 2013 at 9:30 am or as soon thereafter as it may be heard. (#20130743-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Schedules a public hearing regarding the adoption of an ordinance requiring registration of property, located in unincorporated Lee County, involved in mortgage default activity.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

15.

HEARING EXAMINER

 

16.

CONSTITUTIONAL OFFICERS

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Request Board approves disbursements. The check and wire registers can now be viewed on the Clerk's website, www.leeclerk.org by accessing the BoCC Minutes and Documents link. (#20130758-FINANCE)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Florida Statute Chapter 136.06(1) requires that all County disbursements be recorded in the Minutes of the Board.

 

MANAGEMENT RECOMMENDATION:

 

Compliance with the requirements of FS 136.06(1).

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Approve the Minutes for the following meetings of the Board of County Commissioners held during the week of August 26 thru August 30, 2013:  August 27, 2013 (Regular), August 27, 2013 (County Attorney Interviews), June 13, 2013 (PERC Impasse Proceedings). (#20130759-MINUTES)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

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

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

16.

CONSTITUTIONAL OFFICERS (Continued)

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

Approve disbursement of excess funds resulting from the sale of tax deed certificates to a claimant verified and certified under Florida Statutes 197.582. (#20130762-DELINQUENT TAX)

 

FUNDING SOURCE:

 

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

 

WHAT ACTION ACCOMPLISHES:

 

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

 

MANAGEMENT RECOMMENDATION:

 

Approve disbursement to identified claimant.

 

17.

PORT AUTHORITY AND OTHER GOVERNING BOARDS

 


 

ADMINISTRATIVE AGENDA

 

1.

COUNTY ADMINISTRATION

 

2.

COMMUNITY DEVELOPMENT

 

3.

CONSTRUCTION AND DESIGN

 

4.

COUNTY COMMISSIONERS

 

5.

COUNTY LANDS

 

6.

HUMAN SERVICES

 

7.

INDEPENDENT

 

8.

NATURAL RESOURCES/SOLID WASTE

 

9.

PARKS AND RECREATION

 

10.

PUBLIC SAFETY

 

11.

PUBLIC WORKS ADMINISTRATION

 

12.

TRANSPORTATION

 

13.

UTILITIES

 

14.

COUNTY ATTORNEY

 

15.

HEARING EXAMINER

 

16.

CONSTITUTIONAL OFFICERS

 

17.

PORT AUTHORITY AND OTHER GOVERNING BOARDS

 


 

9:30 AM PUBLIC HEARING

 

1.

ACTION REQUESTED/PURPOSE:

Adopt an ordinance pertaining to Nonconsent Towing and Immobilization Services in Lee County that serves to repeal and replace Lee County Resolution 10-03-25 and Ordinances 94-27 and 00-13.

 (#20130755-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Repeals the existing ordinances and resolution regarding nonconsent towing services in Lee County and replaces these provisions with updated regulations consistent with Florida Statutes and rules as well as other municipalities within Lee County. The ordinance, if adopted, will also serve to increase the maximum rates that may be charged for nonconsent towing services.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

WALK ON AGENDA

 

1.

ACTION REQUESTED/PURPOSE:

Confirm and accept for both filing and the Clerk's Minutes purposes, Lee County Resolution No. 13-09-04 declaring Lee County a State of Local Emergency, Relating to Local Flooding Conditions for the following roads: Skipper Road, Welborn Road, Haskins Road (Berm at the North end), and Bradley Road. 

(#20130770-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Approval of the Emergency Resolution at a Board meeting facilitates the filing of same with the Minutes of the Board.

 

MANAGEMENT RECOMMENDATION:

 

Confirm and accept Emergency Resolution for filing.

 

REASON FOR WALK ON:

 

Commissioner Pendergrass signed SOLE without board present; must be approved at first available board meeting.

 

2.

ACTION REQUESTED/PURPOSE:

Discuss and consider entering into an Employment Agreement with selected candidate, Richard Wm. Wesch for services to be performed as the Lee County Attorney.  If approved by the Board, authorize the Chair to execute same on behalf of the Board. (#20130787-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

General Fund – County Attorney Operating.

 

WHAT ACTION ACCOMPLISHES:

 

All Employment Agreements must be approved by the Board.  Allows the Board of County Commissioners to discuss the County Attorney Employment Agreement and take action.

 

MANAGEMENT RECOMMENDATION:

 

 

 

REASON FOR WALK ON:

 

Necessary in order to formalize County Attorney Agreement.

 

 


 

CARRY OVER AGENDA

 

1.

ACTION REQUESTED/PURPOSE:

1.) Approve and execute contract agreement#14SB-0D-09-46-01-014 between Lee County Board of County Commissioners and Florida Department of Economic Opportunity to receive $186,103 in Community Services Block Grant (CSBG) funds; and

2.) Approve a budget resolution for $186,103. (#20130737-HUMAN SERVICES)

 

FUNDING SOURCE:

 

Fund-Federal Grant through General Fund; Program-Florida Department of Economic Opportunity; Project-Community Services Block Grant. Funds will be made available in the FY2012-2013 budget upon execution of the agreement.  This funding will be carried over into the FY2013-2014 budget. 

 

WHAT ACTION ACCOMPLISHES:

 

Provides $186,103 for case management, vocational training, supportive and emergency services to facilitate economic self-sufficiency for eligible Lee County households. Also provides for emergency prescription vouchers.  To qualify, the household must have income levels below 125% federal poverty level. 

 

MANAGEMENT RECOMMENDATION:

 

Approve

 

REASON FOR CARRY OVER:

 

This item was deferred for one week on September 3, 2013.