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

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

                                                Chair                                          Vice Chair


Doug Meurer                                                                                                                             Andrea R. Fraser

Interim County Manager                                                                                                                               Interim County Attorney

May 28, 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:  Paul Lodato, WRXY TV CTN10 Christian Television

 

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:

 

 

Authorize Budget Amendment Resolutions for the receipt of $41,868,174 of bond proceeds from the Tourist Development Tax Revenue Bonds, Series 2013 and approve various budget resolutions.  Authorize the Chairman or Vice-Chairman to sign a resolution certifying that the financing for the improvements to the Lee County Sports Complex have been received per Section 8b of the Spring Training Funding Agreement between the Florida Department of Economic Opportunity (DEO) and Lee County.

(#20130420-COUNTY MANAGER)

 

FUNDING SOURCE:

 

Fund - Bond Proceeds through Funds Tourist Development Tax Revenue Bonds, Series 2013;   Program – Bond Proceeds.

 

WHAT ACTION ACCOMPLISHES:

 

Budget Amendment Resolutions must be approved to receive bond proceeds.  Establishes the accounts necessary to receive bond proceeds. Also, re-establishes the budgets for the Internal Loans.  The two Internal Loans were reduced when the sinking fund for the Lee County Sports Complex Improvements was established and approved on February 26, 2013.

 

MANAGEMENT RECOMMENDATION:

 

Approval of the budget amendment resolutions.

 

2.

COMMUNITY DEVELOPMENT

 

3.

CONSTRUCTION AND DESIGN

 

4.

COUNTY COMMISSIONERS

 

5.

COUNTY LANDS

 

6.

HUMAN SERVICES

 

7.

INDEPENDENT

 

8.

NATURAL RESOURCES/SOLID WASTE

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

With respect to CN130299 IMPLEMENTATION OF NORTH FORT MYERS SURFACE WATER MANAGEMENT PLAN PHASE ONE:

A) Concur with the ranking by the Competitive Negotiations Committee for Task One (NFM Surface Water Improvements, Project 208563) in the following order: 1) H2eaux, LLC; 2) Johnson Engineering; 3) Hole Montes, Inc.  All firms have local offices.

B) Concur with the ranking by the Competitive Negotiations Committee for Task Two (Nalle Grade Stormwater Park, Project 205567) in the following order: 1) Hole Montes, Inc.; 2) Johnson Engineering 3) AIM Engineering & Surveying, Inc.; and 4) CDM Smith Inc.  All firms have local offices.

C) Authorize Chair to execute a contract for Task One for an amount not-to-exceed $99,999.00. 

D) Authorize negotiations to commence with the number one raked firm for Task Two.  Agreement to be brought back to the Board for approval at a later date. (#20130440-NATURAL RESOURCES)

 

FUNDING SOURCE:

 

Funding was planned for and is available in the current FY12/13 Capital Improvement Program.  Fund:  Capital Improvement Unincorporated MSTU; Program:  Water Resources Projects:  Projects:  NFM Surface Water Improvements and Nalle Grade Stormwater Park.

 

WHAT ACTION ACCOMPLISHES:

 

Provides Lee County with consultants to provide feasibility (Task One); and, design, permitting, and CEI services (Task Two) within the North Fort Myers Water Management Plan area.

 

MANAGEMENT RECOMMENDATION:

 

Approve.


 

9.

PARKS AND RECREATION

 

10.

PUBLIC SAFETY

 

11.

PUBLIC WORKS ADMINISTRATION

 

12.

TRANSPORTATION

 

13.

UTILITIES

 

14.

COUNTY ATTORNEY

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Direct to public hearing the adoption of an ordinance, relating to the designation of certain county employees and officials as Code Enforcement Officers on June 25, 2013 at 9:30 a.m. or as soon thereafter as may be heard. (#20130447-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Sets public hearing date for ordinance and allows for publication notice to be placed in newspaper.

 

MANAGEMENT RECOMMENDATION:

 

Direct to public hearing.

 

15.

HEARING EXAMINER

 

16.

CONSTITUTIONAL OFFICERS

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Present for information purposes interim reporting on selected financial activity. (#20130467-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.

 

 

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. (#20130468-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).

 


 

16.

CONSTITUTIONAL OFFICERS (Continued)

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

Approve the Minutes for the following meetings of the Board of County Commissioners held during the week of May 13 thru May 17, 2013:  May 14, 2013   (Regular). (#20130469-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

 

2.

COMMUNITY DEVELOPMENT

 

3.

CONSTRUCTION AND DESIGN

 

4.

COUNTY COMMISSIONERS

 

5.

COUNTY LANDS

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Consider granting a waiver pursuant to the statutory exemption provided to advisory committee members to allow Conservation Lands Acquisition and Stewardship Advisory Committee (CLASAC) member Mr. Bill Spikowski to serve on the committee while the company he owns is a party to a competitively bid contract with the Board of County Commissioners for the provision of professional planning services.

(#20130381-COUNTY LANDS)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Utilizes a statutory exemption that would allow a member of CLASAC to serve on the committee as an advisory member while conducting business with the County.

 

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:

 

 

A)  Approve Bid Waiver # W-130118 to waive the formal quotation procedure to allow purchase of only Cummins brand emergency generator sets from Cummins Power South LLC, a local vendor located in Fort Myers, when requests to acquire an emergency power system (generator set) is deemed necessary by Lee County Utilities (LCU) for LCU or other County Departments and Divisions.

B)  Acknowledge the waiver for the Cummins brand is requested due to the fact it is the only emergency power system provider that itself manufactures all three components of the system - the alternator, diesel engine, and automatic transfer switch.  The vendor of choice, Cummins Power South, LLC, is the sole authorized Cummins distributor in the State of Florida.

C)  Authorize this waiver to remain in effect until other vendors in the industry manufacture all three components of an emergency power system.

D) Approve an annual estimated County-wide expenditure for these systems of $500,000.

(#20130438-UTILITIES)

 

FUNDING SOURCE:

 

Emergency Power Systems,  The funding source will be: Fund – Lee County Utilities Operations, Court Administration Operations, Fleet Management Operations, Public Safety Operations, Libraries Operations, Department of Transportation Operations, Facilities Management Operations; Programs – Water Distribution, Wastewater Collection, Tolls Mid Point, Tolls Cape Coral, Transit Operations, Traffic Signals, Library Services, Facilities Maintenance; Project – Furniture and Equipment.  Department and Division annual operating budgets and CIP include funds for these purchases.

 

WHAT ACTION ACCOMPLISHES:

 

LCU purchases and maintains the County’s emergency generators.  By establishing one brand of emergency power system as the standard, the County benefits from one source manufacturing of components, fewer spare parts in inventory, lower initial capital costs, reduction in life cycle costs, and assurance the right sized equipment is consistently obtained for a broad range of applications.

Generators are long-lived assets purchased on an as-needed basis only after an in-depth needs analysis is performed.  If the need is identified by the department and confirmed by LCU, then a cost quote is obtained and the amount is included in the requesting department's operating budget.  By approving the waiver, this process will be simplified and uniform throughout the County.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

14.

COUNTY ATTORNEY

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve Offer of Judgment for $48,500 in the eminent domain 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. (#20130435-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

Fund:  Road Impact Fees; Program:  Capital Improvement Projects; Project:  Burnt Store Road Widening. Funds are budgeted in the FY 12-13 budget.

 

WHAT ACTION ACCOMPLISHES:

 

Make an Offer of Judgment in an effort to limit court costs and attorney’s fees incurred by Lee County when this action is concluded.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

14.

COUNTY ATTORNEY (Continued)

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Approve negotiated settlement on Attorney's Fees and Costs in a condemnation action titled: Lee County v. Kline Properties, Inc., (Case Number: 12-CA-2318), Parcels 13 PUE (Perpetual Utility Easement) and 13TCE (Temporary Construction Easement); for the San Carlos Force Main Project number 7320. (#20130437-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

Fund:  Utilities Rehabilitation & Replacements; Program:  Utilities Capital Projects; Project:  San Carlos Force Main (Main Street - Hurricane Pass) (This project was initially funded in the FY’ 10/11 CIP Budget and has been carried over/rebudgeted since then.  Easement acquisitions have been ongoing and an emergency force main replacement on South Street has been installed in-house.)

 

WHAT ACTION ACCOMPLISHES:

 

Settles claims for attorney’s fees and costs for condemnation of Parcels 13 PUE and 13 TCE for a negotiated amount of $51,000. 

 

MANAGEMENT RECOMMENDATION:

 

Approve Settlement Amount.

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

Approve appeal to the Second District Court of Appeal in the eminent domain case of Lee County v. Emil Weiman, Inc., et al., Case No. 09CA-5705. (#20130449-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

Fund – Cape and Midpoint Surplus Tolls; Program – Capital Projects; Project – Burnt Store Road Widening.  The project was budgeted in FY 11-12 and was carried over to FY 12-13.

 

WHAT ACTION ACCOMPLISHES:

 

Authorizes appeal.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

D)

ACTION REQUESTED/PURPOSE:

 

 

Consider settlement offer in the age and disability discrimination, along with retaliatory discharge action, Gregg T. Kolessar v. Lee County, case number 2:11-CV-571-FtM-36-SPC, in the amount of $20,000.00, inclusive of all attorney fees and costs.  The Plaintiff claims that from 2009 through his termination in 2010, he was discriminated against under both State and Federal law and the discrimination lead to his termination. (#20130453-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

Fund- Transportation Trust; Program-DOT Operations-Roadway; Project- Settlement.  String Account: PC54101175000.  Although this expense was not anticipated in the adopted FY 12-13 budget, sufficient funds are available in the program to settle the case, if that is the Board's decision.

 

WHAT ACTION ACCOMPLISHES:

 

If accepted, it settles the case and results in the case being concluded.

 

MANAGEMENT RECOMMENDATION:

 

Accept offer.

 

15.

HEARING EXAMINER

 

16.

CONSTITUTIONAL OFFICERS

 

17.

PORT AUTHORITY AND OTHER GOVERNING BOARDS

 


 

9:30 AM PUBLIC HEARING AGENDA

 

1.

ACTION REQUESTED/PURPOSE:

Adopt proposed Ordinance amending Lee County Ordinance No. 05-17 (Conservation Land Acquisition And Stewardship Advisory Committee). (#20130450-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Satisfies the statutory requirement to hold a public hearing to adopt an ordinance.   If adopted, the ordinance will amend Lee County Ordinance No. 05-17 (Conservation Land Acquisition and Stewardship Advisory Committee). The proposed amendments will implement recommendations made by the Conservation 2020 Blue Ribbon Committee, which were adopted by the Board on November 6, 2012.  The Ordinance will also amend CLASAC program criteria and rules of procedure, including the following amendments:

 • Provides CLASAC an opportunity to review and provide a recommendation to the Board concerning the negotiated purchase price and terms of purchase once the purchase price and terms of purchase of land under are complete and ready for Board approval.

 • Provides considerations for the Committee when making its recommendation concerning the negotiated purchase price and terms of purchase.

 • Clarifies that property owners may donate and the County may accept donations of environmentally sensitive lands into the Conservation 20/20 Program, so long as the donated property meets the Conservation 20/20 Program criteria and the Board of County Commissioners formally accepts the donation.

 • Requires at least one state certified appraisal for properties with an asking price of $499,999 or less and no less than two state certified appraisals for property with an asking price of $500,000 or more. If there is a difference of 20% or more between the valuations provided within the two appraisals, the property must be appraised by a third state certified appraiser. 

 • Provides additional prohibitions and limitations on CLASAC members and their relatives concerning the sale of property to the County.  Restricts CLASAC members from representing property owners before the CLASAC committee.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

9:30 AM PUBLIC HEARING AGENDA (Continued)

 

2.

ACTION REQUESTED/PURPOSE:

A)  Conduct final public hearing.

B)  Strike proposed amendment to Sec. 26-71 (Docking facilities and boat ramps.)

C)  Adopt an ordinance amending Lee County Land Development Code (LDC) Chapters 2, 6, 10, 12, 14, 22, 30, 33, and 34. The proposed Ordinance contains a combination of regular amendments as well as amendments that streamline processes and requirements and citizen requested amendments.  These amendments include:

Amendments that streamline and codify process:

 o Expand authority for administrative variances to facilitate redevelopment of residential and commercial projects

 o Combine and reduce limited development order types by 50%

 o Remove required community review of limited development orders

 o Revise application requirements to eliminate obsolete and onerous submittal items

 o Revise considerations and findings for certain zoning actions to reflect current practice

 o Add more uses permitted by right and administrative approval in conventional and planned development zoning districts

 o Allow expansion of certain existing facilities via special exception in lieu of rezoning to planned development

 o Codify provisions for development of regional impact (DRI) essentially built out determination

 o Increase major planned development (DCI) thresholds

 o General housekeeping to delete excessive language, clarify requirements and create consistency between Chapters

 o Simplify procedure for updating current zoning map to allow GIS based zoning map

 o Update codification of fire safety and flood hazard reduction regulations to be consistent with State requirements

 o Expand ability to issue concurrency compliance renewals and extensions administratively

 o Add flexibility to open space, landscaping and surface water management system standards 

 o Add provisions to allow park-and-ride lots and spaces and seasonal farmers markets

(#20130452-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Satisfies the Board policy to hold two public hearings to amend the LDC when a change to permitted or prohibited uses are proposed.   If adopted, the regulations will establish and amend the Land Development Code Chapters 2, 6, 10, 12, 14, 22, 26, 30, 33, and 34.

 

MANAGEMENT RECOMMENDATION:

 

Staff recommends adoption of the Ordinance without the inclusion of the proposed Citizen amendment to § Sec. 26-71 (Docking facilities and boat ramps).