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

John E. Manning                 Cecil L Pendergrass                 Larry Kiker                               Brian Hamman                           Frank Mann

                                                                                                    Chair                                          Vice Chair


Roger Desjarlais                                                                                                                               Richard Wm. Wesch

County Manager                                                                                                                                                         County Attorney

December 03, 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 Matt Booher, Emmanuel Baptist Church

 

Pledge of Allegiance

 

Ceremonial Presentations

 

Recap

 

Public Comment on Agenda Items

 

                                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


 


9:30 AM CEREMONIAL PRESENTATION

           

1.

Presentation of the featured Pet of the Month by Animal Services. (#20131000-Animal Services)

 

2.

Presentation to Board of the US Green Business Council LEEDership Award: Municipality of the Year.

(#20131001-Community Sustainability)

 

3.

Ceremonial presentation recognizing Zonta Says No. (#20130999-Commissioner Hamman)

 


 

CONSENT AGENDA

 

1.

COUNTY ADMINISTRATION

 

2.

COMMUNITY DEVELOPMENT

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve an Interlocal Agreement with the Town of Fort Myers Beach for development review, building plan review and building inspection services in the amount of $44,636.00 annually, for a maximum of two years (October 1, 2013 through September 30, 2015) payable on a monthly basis.

(#20130957-COMMUNITY DEVELOPMENT)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Provides the Town with building permit plan review and inspections and, as needed, review of development orders.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Authorize an amendment to extend the historic preservation contract C-6170 with the Estero Historical Society Inc. for one year (from December 31, 2013 to December 31 2014).

(#20130974-COMMUNITY DEVELOPMENT)

 

FUNDING SOURCE:

 

No Additional funding required.

 

WHAT ACTION ACCOMPLISHES:

 

Extends an existing $50,000 contract to allow the applicant time to complete the project.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

Execute grant award agreements for $869,623 in State Housing Initiatives Partnership (SHIP) funds.  The SHIP funds are grant money from the State to the County for the provision of affordable housing.

$100,000 -- Habitat for Humanity for the construction of 5 single family houses for 2 very low-income and 3 low-income households.

$50,000 -- Habitat for Humanity for purchase assistance with rehabilitation of 5 single family houses for 2 very low-income and 3 low-income households.

$273,762 -- BIA Builder’s Care for the rehabilitation of at least 10 owner occupied houses for 7 very low-income and 3 low-income households with focus on making homes habitable for persons with special needs.

$90,000 – Lee County Department of Human Services for the rehabilitation of owner-occupied homes for 3 very low income households.

$60,000 -- Lee County Housing Development Corp. for foreclosure prevention for at least 8 moderate or lower income households.

$295,861 – Lee County Housing Authority for rehabilitation of 20 rental units at Barrett Park in North Fort Myers for very low-income households including but not limited to households w/ special needs.

 (#20130976-COMMUNITY DEVELOPMENT)

 

FUNDING SOURCE:

 

Fund: SHIP Local Housing Assistance.  $628,062 is budgeted as part of the FY14 SHIP Operating Budget.   The balance of $241,561 will be carried over from FY13 during the County’s annual CIP/Grant carryover blue sheet in December.

 

WHAT ACTION ACCOMPLISHES:

 

Allows the county to enter into grant award agreements to maintain and increase the supply of affordable housing and implement the Local Housing Assistance Plan.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

3.

CONSTRUCTION AND DESIGN

 

4.

COUNTY COMMISSIONERS

 

5.

COUNTY LANDS

 

6.

HUMAN SERVICES

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A) Concur with the recommendation of the Selection Committee to award a contract to two contractors under RFQ130572 WEATHERIZATION ASSISTANCE PROGRAM as follows: This N' That Services, Inc. and Respections Inc.

B) Authorize staff to negotiate on a project-by-project basis with these two contractors for an initial contract period of one year, with the option to renew for up to one additional one year period.

C) Approve a total annual estimated expenditure for these services in an amount not to exceed $350,000.

D) Authorize the Chair to execute the contracts on behalf of the Board. (#20130973-HUMAN SERVICES)

 

FUNDING SOURCE:

 

Fund- Federal Grant through General Fund; Program – State of Florida Department of Economic Opportunity; Projects – Weatherization Assistance Program.  Funds will be available in the following business unit: 11104700100.

 

WHAT ACTION ACCOMPLISHES:

 

Provides the Department of Human Services with two contractors to perform work on an “as needed” basis with respect to qualified residential structures identified under the Weatherization Assistance Program in need of repairs.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

7.

INDEPENDENT

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A) Approve renewal for January 1, 2014 - December 31, 2014 under RFP-11-07 GROUP HEALTH INSURANCE PROGRAM FOR LEE COUNTY, with Aetna, with re-negotiated Stop Loss Insurance Premiums and an increase to the specific limit from $350,000 to $400,000 per individual per calendar year.  By assuming additional risk, Lee County will realize an annual savings of approximately 5% or $84,000 over current premiums.

B) Authorize execution of the renewal documents by the Chair. (#20130975-HUMAN RESOURCES)

 

FUNDING SOURCE:

 

Fund: Group Medical Self Insurance; Program – Intergovernmental Charges and Services; Project – Self Insurance.

 

WHAT ACTION ACCOMPLISHES:

 

Provides health insurance for employees and dependents as well as continued stop lost reinsurance coverage for the employee health care plan.  By assuming additional risk, Lee County will realize an annual savings of approximately 5% or $84,000 over current premiums.  The Stop Loss rate approved in 2013 was $30.93; the new Stop Loss rate will be $29.19.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

8.

NATURAL RESOURCES/SOLID WASTE

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve transfer of $1,110,000 from Capital Improvement Tourist Development Beach Projects - Reserves for Future Capital Outlay to Captiva Beach Restoration Project, Grants and Aids to Local Governments (Project No. 403061). (#20130965-NATURAL RESOURCES)

 

FUNDING SOURCE:

 

Fund – Capital Improvement, Tourist Development Beach Projects; Program – Marine Services Major Maintenance Projects; Project – Captiva Renourishment.  Beach and shoreline project reserves were accumulated in anticipation of future projects including Captiva nourishment and are available for this expense.

 

WHAT ACTION ACCOMPLISHES:

 

Increases the project budget to the maximum allowed under the existing terms of the Interlocal Agreement approved 6/18/13.

 

MANAGEMENT RECOMMENDATION:

 

Staff recommends approval.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Approve Amendment No. 2 to DEP Agreement No. 09LE2, Estero Island Beach Restoration, between the  County and the Florida Department of Environmental Protection amending the completion date, scope of services, and estimated project costs and 2) Approve budget amendment resolution for $12,500 in unanticipated revenue from FDEP for the Estero Island Beach Restoration Project (Project 403022). (#20130967-NATURAL RESOURCES)

 

FUNDING SOURCE:

 

General Fund (FDEP Reimbursement); Program:  Marine Sciences Projects; Project:  Estero Island Beach Restoration.

 

WHAT ACTION ACCOMPLISHES:

 

Increases State contribution for monitoring of Estero Island beach nourishment project.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

9.

PARKS AND RECREATION

 

10.

PUBLIC SAFETY

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A) Approve an Agreement between Lee County and Bailey’s Center LLP, located at 2477 Periwinkle Way, Sanibel regarding temporary use of their property for emergency response, relief and recovery efforts for a period of five years with the option to renew for an additional period of five years under the same terms and conditions (including formal approval).

B) Authorize the Chair to execute the agreement. (#20130950-PUBLIC SAFETY)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Allows Lee County temporary use of Bailey’s Center LLP property for emergency relief and recovery efforts.

 

MANAGEMENT RECOMMENDATION:

 

Staff recommends approval.

 

11.

PUBLIC WORKS ADMINISTRATION

 


 

12.

TRANSPORTATION

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Accept Landscape Installation Maintenance and Sign Encroachment Agreement for landscape and sign improvements within a Lee County D.O.T. Canal Drainage Easement located at the Racetrac @ Alico Road and Lee Road parcel (Strap # 04-46-25-05-00000.001A), DOS 2012-00016 in south Lee County. (#20130946-TRANSPORTATION)

 

FUNDING SOURCE:

 

No Funds Required.

 

WHAT ACTION ACCOMPLISHES:

 

The Agreement with the County allows the Developer to install and provide for the maintenance of the landscape and sign improvements located within a County-Maintained area.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Approve the acceptance of the maintained right-of-way map and maintenance affidavit for Littleton Road from Corbett Road to Business 41 (SR739). (#20130947-TRANSPORTATION)

 

FUNDING SOURCE:

 

No funds required for this action. DOT is already maintaining this right-of-way.

 

WHAT ACTION ACCOMPLISHES:

 

Upon acceptance and recording of the special purpose survey and affidavit the exact limits of county maintained right-of-way will be established and will allow DOT to proceed with improvements at the U.S. 41 intersection.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

Accept a non-exclusive perpetual right-of-way easement grant for a bikeway/pedestrian way constructed as part of the Corkscrew Shores DOS2013-00034, on Corkscrew Road in Lee County.

(#20130952-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 shared path constructed as a requirement, per Land Development Code No. 256, and provides for the maintenance of the facility by Lee County DOT.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

D)

ACTION REQUESTED/PURPOSE:

 

 

Approve and authorize the Chair to execute the attached Landscape Maintenance and Installation Agreement between Lee County and Siesta Isles Property and Homeowners Association.  This Agreement commits Lee County to provide up $19,520.70 in matching grant funds to Siesta Isles Property and Homeowners Association. (#20130958-TRANSPORTATION)

 

FUNDING SOURCE:

 

Fund – General Fund; Program – Major Maintenance; Project – Roadway Beautification. Funds are available in the FY 2013/14 Major Maintenance Program. Lee County sets aside $100,000 per year in matching funds for this program.

 

WHAT ACTION ACCOMPLISHES:

 

Executes Landscape Maintenance and Installation Agreement between Lee County and Siesta Isles Property and Homeowners Association. Provides for up to $19,520.70 in matching grant funds to Siesta Isles Property and Homeowners Association.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

12.

TRANSPORTATION (Continued)

 

 

E)

ACTION REQUESTED/PURPOSE:

 

 

A)   Concur with the ranking by the Competitive Negotiations Committee for the design/permitting phase for project CN130508 ALICO ROAD WIDENING FROM EAST OF BEN HILL GRIFFIN PARKWAY TO AIRPORT HAUL ROAD in the following order:  1) Johnson Engineering, Inc., 2) Hole Montes, Inc., 3) AIM Engineering & Surveying, Inc.

B)   Authorize negotiations to commence with the number one ranked firm.

(#20130977-TRANSPORTATION)

 

FUNDING SOURCE:

 

No funds required for this action.

 

WHAT ACTION ACCOMPLISHES:

 

Provides Consultant for the development of roadway design plans and utility relocation/replacements plans for the widening of Alico Road to four lanes, expandable to six lanes in the future, from East of Ben Hill Griffin Parkway to Airport Haul Road.  The roadway design must also consider alternative modes of transportation, including pedestrians, bicycles and transit. Once negotiations are complete, an agenda item will be brought back for the Board to consider approval of the professional services contract.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

13.

UTILITIES

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A) Accept judge's order entered in Case No. 12-CA-1245 Twentieth Judicial Circuit in and for Lee County, Florida terminating the appointment of Lee County as Receiver for Bayshore Utilities, Inc. and vesting title into Lee County of certain real property described as Lot 95, Yacht Club Colony, according to Plat Book 10, page 95, Public Records of Lee County, Florida;

B) Designate Lee County Utilities Department as the asset custodian for the real property;

C) Authorize Lee County Utilities to demolish and remove structures on the property;

D) Direct County Lands staff to return to the Board with a Resolution declaring the property Surplus with all sale proceeds allocated to the Utilities Department to offset unanticipated costs to perform as Receiver for Bayshore Utilities, Inc.;

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

F) Authorize Staff to execute and accept all documentation necessary to complete this transaction. (#20130939-UTILITIES)

 

FUNDING SOURCE:

 

Fund:     Lee County Utilities Capital Improvement Program

Program:  Capital Projects

Project:    Yacht Club Colony, this project was originally budgeted in FY 12/13 for design and has been carried over and included in the FY 13/14 CIP budget with funds for construction of the distribution system.

 

WHAT ACTION ACCOMPLISHES:

 

Accepts Judge’s Order and provides Staff with guidance on future disposition of the asset and proceeds of its sale.

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 


 

13.

UTILITIES (Continued)

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

A) Approve Supplemental Task Authorization (STA) No. 1, Contract No. 6367, to Greeley and Hansen, under CN-130074 MISCELLANEOUS UTILITY ENGINEERING AND DESIGN AND/OR INSPECTION SERVICES CONTRACT for the project known as Reclaimed Water System Evaluation and Operations Master Plan (Three Oaks WWTP, Fort Myers Beach WWTP and Fiesta Village WWTP Service Areas) in an amount not-to-exceed $95,280.00.

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

C) Grant the Lee County Utilities Director, with County Administration approval, the discretion to approve expenditures for contingencies and other incidental project costs in the amount not-to-exceed $9,528.00 (10% of STA cost). (#20130942-UTILITIES)

 

FUNDING SOURCE:

 

Funds: Utilities Capital Improvements; Programs: Capital Projects;

Project: Reuse System Site Improvements.  Funds are included in the FY 13/14 CIP Budget.

 

WHAT ACTION ACCOMPLISHES:

 

Provides Lee County Utilities with a professional consultant to perform a comprehensive evaluation of Lee County Utilities’ three largest reclaimed water delivery systems to improve storage, allocation and delivery of reclaimed water to the customers.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

14.

COUNTY ATTORNEY

 

15.

HEARING EXAMINER

 

16.

CONSTITUTIONAL OFFICERS

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve Expenditures in the amount of $292,049.87 by the Lee County Sheriff's Office for FY 12/13 from revenues collected from various fees, services, etc. (see below) that were collected by the Sheriff's Office during the period of  8/14/13 through 9/30/13.  Also approve transfers within budget line items within the Sheriff's Office allocation. (#20130969-SHERIFF)

 

FUNDING SOURCE:

 

Fund--General Fund; Program—The Lee County Sheriff’s Office; Project—Revenues collected from various fees and services.

 

WHAT ACTION ACCOMPLISHES:

 

Board approval is needed to expend funds collected.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Request Board to approve budget transfer to the Sheriff's FY 12/13 Budget to facilitate the year-end close out and the return of $322,035.37 of unspent funds for the fiscal year.  Also, accept the transfer of $164,949.93 from excess revenues deposited into the L.E. Trust Fund-Reg., $50,400.00 from September Civil Fees and $3,532.56 from federal inmate housing.  Also, approve FY 13/14 transfer to the Lee County Sheriff's Office of unspent revenues from the False Alarm Reduction Program the amount of $229,981.46 for FY 12/13. (#20130970-SHERIFF)

 

FUNDING SOURCE:

 

Fund-General Fund; Program-The Lee County Sheriff’s Office; Project-Revenues collected from various fees and services.

 

WHAT ACTION ACCOMPLISHES:

 

Sheriff and Board of County Commissioners adjust accounts at the close of each fiscal year to facilitate the reconciliation of expenditures for the combine’s annual financial report.  Florida Statutes require this annual audit.

 

MANAGEMENT RECOMMENDATION:

 

Approve return of non-spent and collected funds.

 


 

16.

CONSTITUTIONAL OFFICERS (Continued)

 

 

C)

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 Bock Minutes and Documents link. (#20130989-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).

 

 

D)

ACTION REQUESTED/PURPOSE:

 

 

Approve the Minutes for the following meetings of the Board of County Commissioners held during the week of November 18 thru November 22, 2013:  November 18, 2013 (Zoning); November 19, 2013 (Regular). (#20131004-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

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

(A) Accept $618,346.73 from the Minnesota Twins as partial payment towards their funding obligation for the Spring Training Player Academy dormitory/sleeping area as contemplated under Stadium Improvement Spring Training Development Agreement paragraph 5.C.

(B) Approve CIP budget amendment to reflect receipt of the payment and allow expenditure of these funds for furnishing of the Player Academy dormitory/sleeping area. (#20130987-CONSTRUCTION DESIGN)

 

FUNDING SOURCE:

 

Fund – Capital Improvement - Minnesota Twins Contribution; Program – Capital Project; Project – Twins Spring Training Improvements. This project was planned, as well as the partial payment from the Minnesota Twins.

 

WHAT ACTION ACCOMPLISHES:

 

Provides a mechanism for the County to receive and use the Minnesota Twins' payment for the acquisition of furniture for the Spring Training Player Academy.  The funds paid by the Minnesota Twins will be used to purchase furniture from approved local state contract vendors.  The total budget for this project is $48.5 million, which includes $42.5 million from the County and $6 million from the Minnesota Twins.  This partial payment is part of the Minnesota Twins estimated $6 million obligation.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

4.

COUNTY COMMISSIONERS

 

5.

COUNTY LANDS

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Authorize:

(A) Approve Purchase Agreement for acquisition of Parcel 506, Conservation 20/20 Land Acquisition Program, Project No. 8800, further identified as Part of STRAP No. 12-46-24-00-00005.00CE, consisting of ± .75 acres located at 17783 Port Boca Circle, in South Lee County, in the amount of $5,000.00;

(B) the Chair on behalf of the Board of County Commissioners to execute all documents necessary for closing;

(C) payment of necessary costs and fees to close; and

(D) The Division of County Lands to handle and accept all documentation necessary to complete this transaction. (#20130966-COUNTY LANDS)

 

FUNDING SOURCE:

 

Fund–Conservation 20/20 Capital Improvement Fund; Program–Capital Project; Project: Conservation 20/20, Land Purchase, and will be included in the FY 13/14 CIP budget after carryovers are approved.

 

WHAT ACTION ACCOMPLISHES:

 

The acquisition of one of the properties recommended by the Conservation Land Acquisition and Stewardship Advisory Committee.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

    CONSERVATION LAND STEWARDSHIP ADVISORY COMMITTEE (CLASAC) PURCHASE

    RECOMMENDATION:________________.

 

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-140041 to waive the formal quoting process for the purchase of emergency dispatch software (including license fees and annual maintenance)  from Priority Dispatch at a cost of $186,738.

B) Approve the transfer of E 9-1-1 User Fee Reserve Funds (15200) in the amount of $186,738 into Public Safety E 9-1-1 Program operating budget.

C) Authorize review and execution of the sales quote and related agreements by the Lee County Sheriff. (#20130943-PUBLIC SAFETY)

 

FUNDING SOURCE:

 

E 9-1-1 User Fees: E 9-1-1 Program Fund.

 

WHAT ACTION ACCOMPLISHES:

 

The acquisition and implementation of Police Priority Dispatch software is designed to enable more effective 9-1-1 call taker processing. Lee County Sheriffs Dept 9-1-1 has approved and requested this enhancement of 9-1-1 call taking for an interface of the computer aided dispatch standard operating procedures. This initial sales quote/agreement will be reviewed and executed by the Sheriff.  Any future extensions of the agreements related to software, licenses or maintenance will be brought to the Board for formal approval.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

11.

PUBLIC WORKS ADMINISTRATION

 

12.

TRANSPORTATION

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A) Award project B-130600 BETH STACEY BOULEVARD / BUSINESS WAY ROUNDABOUT to the lowest responsive, responsible bidder meeting all bid requirements, Bateman Contracting, LLP,  (a local vendor),  in the amount of $333,079.08. Funds have been budgeted and are available for this project in CIP Major Maintenance project #406713, Major Intersections.

B)  Authorize Chair to execute agreement upon receipt.

C) Grant the Procurement Director the authority and discretion to act on behalf of the Board and proceed to the next qualified bidder in the event of noncompliance or the inability of the contractor to fully comply with the solicitation requirements. (#20130938-TRANSPORTATION)

 

FUNDING SOURCE:

 

Fund – Transportation Capital Improvement; Program – Major Maintenance; Project – Master Signal (Major Intersections). This project was planned and funds were earmarked out of the FY 2013/14 Major Maintenance Program.

 

WHAT ACTION ACCOMPLISHES:

 

Provides a contractor for the construction of a roundabout located at the Beth Stacey Boulevard / Business Way intersection in Lehigh Acres.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

12.

TRANSPORTATION (Continued)

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Approve resolution authorizing the Chair to sign the Second Amendment to the Joint Project Agreement with the Florida Department of Transportation for the Enhancement and Operations of the Lee Traffic and Operations Center. Authorize DOT to fill a grant funded position in the Lee County Traffic Operations Center. Also, approve a budget amendment resolution in the amount of $99,679.00 in the Transportation Trust Fund. (#20130951-TRANSPORTATION)

 

FUNDING SOURCE:

 

100% Federal funds, agreement allows for $300,000 per year in expenditures, $200,321 was already approved in the FY 2013/14 budget, and a budget amendment is needed to approve the remaining amount.

 

WHAT ACTION ACCOMPLISHES:

 

Allows DOT to move forward with filling a grant funded position and executes an amendment with FDOT for funding for the State’s FY 2013/14.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

13.

UTILITIES

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Adopt Resolution creating the Lee County Administrative Code Section 10-5 pertaining to Developer Contributed Assets.  Authorizes the Utilities Director to authorize construction of Developer Contributed Assets projects and the County Manager to execute the necessary documents on behalf of the Board for final acceptance of Developer Contributed Assets. (#20130937-UTILITIES)

 

FUNDING SOURCE:

 

No funding required for this action.

 

WHAT ACTION ACCOMPLISHES:

 

Upon adoption, AC-10-5 will create an administrative process for acceptance of  Developer Contributed Assets projects when those assets and accompanying documentation meet the requirements of the Lee County Utilities Design Manual.  The Administrative Code will authorize the Utilities Director to authorize construction, and the County Manager to execute the necessary documents for final acceptance of Developer Contributed Assets.

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 

14.

COUNTY ATTORNEY

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A) Approve the Resolutions of Necessity for acquisition and condemnation of a Fee Interest in Parcels 221, 224, 226, 227, 228, 229, 230, 233A and 233B, a Perpetual Slope Easement (PE) interest in Parcels 221PE, 224PE, 226PE, 227PE, 228PE, 229PE, 230PE, 233PE1 and 233PE2 and a Temporary Construction Easement (TCE) interest in Parcel 226TCE required for the Homestead Road Widening Project No. 5063;

B) Authorize the Chair on behalf of the Board to execute the Resolution of Necessity;

C) Authorize County Lands Staff to proceed with acquisition of the Parcels.

(#20130674-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

No funds are required for this action, funding for purchase of the properties will come from the Homestead Road Capital Improvement Project.

Fund: Road Impact Fees - Central District; Program: Capital Projects; Project: Homestead Road Widening Project No. 5063.  Funds are included in the FY 12/13 budget.

 

WHAT ACTION ACCOMPLISHES:

 

Allows the County to proceed with condemnation, if necessary, so the Parcels can be acquired for the Homestead Road Widening Project No. 5063.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

14.

COUNTY ATTORNEY (Continued

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Approve Memorandum of Understanding (MOU) between SEIU/NAGE/IAEP LOCAL R5-533 and Lee County Public Safety Division / Emergency Medical Services with regards to three percent (3%) cost of living adjustment for the 2013-2014 Fiscal Year. (#20130968-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

General fund - Public Safety Emergency Response salaries.

 

WHAT ACTION ACCOMPLISHES:

 

Employees in the Bargaining Unit represented by Local R5-533 would receive a three percent (3%) cost of living adjustment as given to all non-bargaining unit County employees for the 2013-2014 Fiscal Year.

 

MANAGEMENT RECOMMENDATION:

 

 

 

15.

HEARING EXAMINER

 

16.

CONSTITUTIONAL OFFICERS

 

17.

PORT AUTHORITY AND OTHER GOVERNING BOARDS

 


 

9:30 AM PUBLIC HEARING

 

1.

ACTION REQUESTED/PURPOSE:

Conduct the first public hearing on the Fifth Amendment to the FGCU Campus Development Agreement.  After hearing, direct agenda item to second public hearing December 17, 2013, at 9:30 a.m.  This amendment is necessary in order to implement the Fifth Amendment to the FGCU Campus Master Plan and comply with Florida law. (#20130944-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Approval of the Development Agreement will complete the Campus Master Plan process set out in Chapter 1013 of the Florida Statutes.  The Campus Development Agreement process provides a mechanism for the University and the County to identify the University’s proposed campus development over the next five years and to address the potential impact of that development on public facilities and services, including roads, sanitary sewer, solid waste, drainage/storm water management, potable water, parks and recreation, and public transportation.

 

The 5th Amendment revises the Development Agreement to identify that the University’s Campus Plan for the next five years will not have an impact on the County’s adopted levels of service for transportation, open space and recreation facilities.  The Agreement also identifies that improvements for sanitary sewer, solid waste, potable water, and storm water management are not necessary to accommodate the impacts of the proposed development. 

 

In addition, Florida Statutes does not require universities to mitigate impacts to public facilities unless the proposed development will degrade adopted levels of service in the County’s comprehensive plan.  The Lee County Comprehensive Plan does not establish a level of service for mass transit facilities. For this reason, FGCU is not legally required to fund mass transit as part of its obligation to mitigate the impact of the development authorized in its Campus Plan.  The Fifth Amendment to the Agreement removes the University’s requirement to fund mass transit service to the campus.

 

MANAGEMENT RECOMMENDATION:

 

Approve.