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

August 06, 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. NOTE:  The Board may take action in its capacity as the Port Authority or Government Leasing Corporation.

 

COMMISSION CHAMBERS, 2120 MAIN STREET, FORT MYERS, FLORIDA

9:30 AM

 

 
                                    

                                 

                                Invocation:         

               

 

 

 

Invocation:  Pastor P. J. Anastasi, Word of Life Ministries

 

Pledge of Allegiance

 

Ceremonial Presentations

 

Recap

 

Public Comment on the Consent and Administrative Agenda

 

                                Consent Agenda

·                     Items to be pulled for discussion by the Board

·                     Motion to approve balance of items

·                     Consideration of items pulled for discussion

 

Administrative Agenda

 

Walk-ons and Carry-overs

 

                Commissioners' Items/Committee Appointments

 

County Manager Items

 

County Attorney Items

 

Adjourn


9:30 AM CEREMONIAL PRESENTATION

           

1.

Presentation of the featured Pet of the Month by Animal Services. (#20130670-Animal Services)

 


 

CONSENT AGENDA

 

1.

COUNTY ADMINISTRATION

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Present to the Board for information and filing the Object Code #504015 Expenditure Detail Report for the third  quarter of FY12-13 (April through June 2013) as required by Lee County Ordinance #90-18. (#20130612-COUNTY MANAGER)

 

FUNDING SOURCE:

 

Combination of County Commissioners, Human Services, Libraries, Parks & Recreation (Extension Services), Public Resources, Public Safety, Sustainability, Transit, and VCB.

 

WHAT ACTION ACCOMPLISHES:

 

Allows Board to monitor expenditures being made by County Departments and Divisions to this object code.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

2.

COMMUNITY DEVELOPMENT

 

3.

CONSTRUCTION AND DESIGN

 

4.

COUNTY COMMISSIONERS

 

5.

COUNTY LANDS

 

6.

HUMAN SERVICES

 

7.

INDEPENDENT

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A. Approve renewal of the Vision Service Plan (VSP) agreement for the period of January 1, 2014 - December 31, 2014 under RFP-11-09 GROUP DENTAL AND VISION PLANS FOR LEE COUNTY.  The dental and vision plan were rebid 2 years ago.  This is the 3rd year of a 5 year contract.

B. Approve a 2% increase in the premium rates for employee Vision Plans provided by VSP.

(#20130605-HUMAN RESOURCES)

 

FUNDING SOURCE:

 

Vision:  No employer funding needed; premiums are fully paid by employees.

 

WHAT ACTION ACCOMPLISHES:

 

Provides Lee County employees and their dependent family members with comprehensive Vision insurance plans at a rate that will include 2% premium increase to cover the Health Insurance Provider Fee imposed by the IRS under the Affordable Health Care Act.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

7.

INDEPENDENT (Continued)

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

A) Concur with the ranking by the Competitive Negotiations Committee for CN130445 MISCELLANEOUS STRUCTURAL ENGINEERING, and authorize staff to negotiate hourly rate and independent costs with the following 11 firms: Atlas Structural Engineering, LLC;  Bob Rude Structures, Inc.; CDM Smith, Inc.; Graef-USA Inc.; HighSpans Engineering, Inc. (DBE); Kisinger Campo & Associates, Corp. (DBE); REI Engineering, Inc.; SRA Structural Consultants, LLC dba Select Structural; T.Y. Lin International; TLC Engineering, Inc.; TKW Consulting Engineers, Inc. (DBE).  All firms are local with the exception of Graef-USA who is located in Maitland, Florida.  Each contract will be valid for a period of two years.

B) Authorize Chair to execute each contract upon completion of negotiations.

 (#20130625-PROCUREMENT MANAGEMENT)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Provides Lee County with several consultants that can provide professional structural engineering services involving design, construction drawings (CAD), construction specifications, permitting, bidding and negotiation services, construction observation/administration, conceptual estimates, analysis of existing facilities/bridges, as-built drawings, miscellaneous design services and eleventh month warranty inspection services for various projects County-Wide.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

Approve Change Order No. 1 to project B-130249 RE-ADVERTISEMENT FOR OLD PELICAN BAY CHANNEL DREDGING to Kelly Brothers, Inc., in the amount of $22,500.00.

(#20130608-PUBLIC RESOURCES)

 

FUNDING SOURCE:

 

MSTBU CIP, Old Pelican Bay Dredging, SA Dist-MSTBU Restricted Fund, Other Contracted Services.

 

WHAT ACTION ACCOMPLISHES:

 

Provides labor, supervision, material and equipment necessary for rock removal at the Old Pelican Bay Channel Dredging project.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

8.

NATURAL RESOURCES/SOLID WASTE

 

9.

PARKS AND RECREATION

 

10.

PUBLIC SAFETY

 

11.

PUBLIC WORKS ADMINISTRATION

 

12.

TRANSPORTATION

 

13.

UTILITIES

 


 

14.

COUNTY ATTORNEY

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Amend Traffic Control Jurisdiction Agreement (Lee County Instrument No. 2008000065599) with Bella Terra of Southwest Florida Association, Inc. to include "Barletta Lane" on the Agreement, see Exhibit "A" attached. (#20130648-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

Not applicable.

 

WHAT ACTION ACCOMPLISHES:

 

Permits Lee County Sheriff's Office to exercise traffic control enforcement on this street within the subdivision.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Approve and authorize execution of an Agreement between Veridian Homeowners Association, the Lee County Sheriff and Lee County for the exercise of County jurisdiction over certain private roads within Veridian Homeowners Association for traffic control enforcement. (#20130583-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

No additional funding is required.  The association is solely responsible for maintaining all signage and the maintenance and repair of the streets owned by the association.  The Sheriff may charge the association if special services are requested by the association.

 

WHAT ACTION ACCOMPLISHES:

 

Florida law authorizes agreements between government, law enforcement and law enforcement agencies to provide traffic control enforcement on private streets and roads.

 

MANAGEMENT RECOMMENDATION:

 

Approve Agreement.

 

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. (#20130671-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:

 

 

File and Record proof of publication of unclaimed cash bond refunds in the minutes of the County Commissioners of Lee County. (#20130672-FINANCE)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Pursuant to Chapter 116.21, Florida Statutes, notifies criminal and civil cash bond depositors of unclaimed funds held by the Clerk of Courts.

 

MANAGEMENT RECOMMENDATION:

 

Approved.

 

17.

PORT AUTHORITY AND OTHER GOVERNING BOARDS

 


 

ADMINISTRATIVE AGENDA

 

1.

COUNTY ADMINISTRATION

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve resolution supporting The Hertz Corporation as a qualified applicant for the State Qualified Target Industry Tax Refund Program (QTI) as referenced in section 5.1.1 of the performance agreement approved on May 14, 2013. This agreement also included approval of the Lee County FIRST program. The Hertz project represents the relocation of a Fortune 300 Corporate Headquarters to Lee County.  The 20% match is not to exceed $600,000 over 7 years. (#20130653-ECONOMIC DEVELOPMENT)

 

FUNDING SOURCE:

 

General fund.

 

WHAT ACTION ACCOMPLISHES:

 

State law requires county to demonstrate a 20% local match for the QTI incentive.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Approve resolution that authorizes issuance of a loan from SunTrust Bank for an estimated $35,800,000 for the refunding of the Capital and Transportation, Series 2003 bonds with the Non-Ad Valorem Bonds Bank Loan Series 2013 and approve budget amendment resolutions to reflect this transaction.

(#20130656-COUNTY MANAGER)

 

FUNDING SOURCE:

 

Proceeds from Bank Loan.

 

WHAT ACTION ACCOMPLISHES:

 

Allows for the issuance of a bank loan to refund the Capital and Transportation, Series 2003 bonds with a bank loan from SunTrust Bank.  The Capital and Transportation, Series 2003 bonds were originally issued in 1991 and refunded in 1993 to provide for design and land acquisition for the Midpoint Bridge.  The term of the original financing is not being extended.

 

MANAGEMENT RECOMMENDATION:

 

Approve the proposal from SunTrust Bank to provide funding for the refunding of the Capital and Transportation, Series 2003 bonds.

 

2.

COMMUNITY DEVELOPMENT

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Amend Map “H” of Pelican Landing DRI to change an existing temporary access point on Coconut Road to a permanent access, and adopt an Amendment to the DRI Development Order with revised build-out and termination dates. Note: This property is part of a proposed annexation into the City of Bonita Springs. Because it is part of a DRI, the Development Order must be amended by both the County and City. (#20130649-COMMUNITY DEVELOPMENT)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

This action will allow Parcels F & G at The Colony Golf and Bay Club of Pelican Landing to keep the existing temporary construction access from Coconut Road as their second access point, and extend the DRI build-out date.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

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

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A) Approve Bid Waiver # W-130500 to waive the formal quotation procedure to allow for the purchase of collision repair services, parts, general service, and warranty work for Public Safety’s AEV (American Emergency Vehicles) and American LaFrance/Medic Master branded ambulance units by ETR, L.L.C., on an as-needed basis through Fleet Management.

B) Acknowledge the waiver to ETR, L.L.C. for this work and these services is necessary due to the fact that ETR, L.L.C. is the sole authorized dealer for AEV and American LaFrance/Medic Master ambulance brands in the State of Florida.

C) Authorize this waiver to remain in effect until either other authorized dealers for these two ambulance brands come on line in Florida; or, these brands are phased out of the County’s fleet.

D) Approve an annual estimated expenditure for these services and repairs in the amount of $250,000. (#20130623-PUBLIC SAFETY)

 

FUNDING SOURCE:

 

Fund: General Fund; Program: Public Safety/EMS; Project: Ambulance Repairs. & Department – Fleet Management, Fund – Vehicle and Equipment Maintenance, Program – Rolling & Motorized Equipment, Object Description – Vehicle Maintenance.

 

WHAT ACTION ACCOMPLISHES:

 

Enables Public Safety and Fleet Management to expeditiously repair ambulances on an as-needed basis while maintaining the integrity and intrinsic value of the 20 year modular ambulance body warranty.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

11.

PUBLIC WORKS ADMINISTRATION

 

12.

TRANSPORTATION

 

13.

UTILITIES

 

14.

COUNTY ATTORNEY

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve the Contract between Lee County Board of County Commissioners and SEIU/NAGE / International Association of EMT''s and Paramedics, Local R-533 to be effective from October 1, 2012, through September 30, 2013. (#20130629-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Completes negotiations.

 

MANAGEMENT RECOMMENDATION:

 

 

 


 

14.

COUNTY ATTORNEY (Continued)

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Approve mediated settlement in the pending case of Posen Construction Inc./Safeco Insurance Company of America v. Lee County, and TY Lin International, Case No. 2:11-cv-640-FtM-38DNF, United States District Court, in the amount of $1,468,000.00.  The settlement is pursuant to court ordered mediation that was held on July 16, 2013, which resolves dispute over the construction of Summerlin Road Project.

(#20130637-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

$1,268,205.29 from Road Impact Fees,  Retainage Held Account.

$199,794.71 from CIP Project, Summerlin Road Six Laning, Impact Fees, Road Construction.

 

WHAT ACTION ACCOMPLISHES:

 

Resolves all claims and closes the case and the project without payment of additional funds from reserves or other sources.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

15.

HEARING EXAMINER

 

16.

CONSTITUTIONAL OFFICERS

 

17.

PORT AUTHORITY AND OTHER GOVERNING BOARDS