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 27, 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 Peter Cova, Life Church

 

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

 

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 2nd Quarter 2013 Employee Length of Service Awards. (#20130665-HUMAN RESOURCES)

 


 

CONSENT AGENDA

 

1.

COUNTY ADMINISTRATION

 

2.

COMMUNITY DEVELOPMENT

 

3.

CONSTRUCTION AND DESIGN

 

4.

COUNTY COMMISSIONERS

 

5.

COUNTY LANDS

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A) Authorize the Division of County Lands to make a binding offer to property owner in the amount of $5,000 for Parcels 173-UE (utility easement), and 173-TCE (temporary construction easement), for the North Lee County Water Treatment Plant Well Field Expansion Project, pursuant to the terms of the Easement Purchase Agreement;

B) Authorize the Chairman on behalf of the Board to execute the Easement Purchase Agreement;

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

D) Authorize County Lands Staff to execute and accept all documentation necessary to complete transaction.(#20130689-COUNTY LANDS)

 

FUNDING SOURCE:

 

Fund: LCU Conservation Surcharge; Program: Capital Project; Project: North Lee County Water Treatment Plant Well Field Expansion 7602, and is included in the FY 12/13 CIP budget.

 

WHAT ACTION ACCOMPLISHES:

 

Authorizes binding offer to property owner.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

6.

HUMAN SERVICES

 

7.

INDEPENDENT

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A) Concur with the ranking by the Competitive Negotiations Committee for CN130308 EMPLOYEES INSURANCE BENEFITS CONSULTANT AND ACTUARIAL AUDITOR, in the following order of ranking: 

(1) Aon Benefits & Insurance Services, Inc. aka Aon Consulting, Inc., operating as Aon Hewitt;

(2) Willis of Florida, Inc.; (3) Towers Watson.

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

(20130698-HUMAN RESOURCES)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Provides Lee County with a Consultant that will advise on the most responsible process for the purchase and administration of the County’s health, dental, life, disability and vision plans.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

7.

INDEPENDENT (Continued)

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

A) Concur with the selection by the Competitive Negotiations Committee for CN130403 MISCELLANEOUS SURVEYING AND MAPPING SERVICES, and authorize staff to negotiate hourly rate and independent costs with the following 19 firms: AIM Engineering & Surveying, Inc.; Banks Engineering, Inc.; Barraco and Associates, Inc.; Bean, Whitaker, Lutz, Kareh, Inc.; CPH, Inc.; E. F. Gaines Surveying Services, Inc. (DBE); Hole Montes, Inc.; Johnson Engineering, Inc.: McKim & Creed, Inc.; Metron Surveying & Mapping. LLC.; RWA, Inc.; Stantec Consulting Services, Inc.; and TKW Consulting Engineers, Inc (All local firms); as well as, Agnoli, Barber, & Brundage, Inc.; Coastal Engineering Consultants, Inc.; Miller Surveying, Inc.; Sea Diversified, Inc.; TBE Group, Inc. dba Cardno TBE.; for a contract period of one year.

B) Grant County Manager the discretion and authority to renew this quote for one additional one-year period under the same terms and conditions if doing so is in the best interest of the County.

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

(#20130708-PROCUREMENT MANAGEMENT)

 

FUNDING SOURCE:

 

Various-Funds will be available within specific project budgets.

 

WHAT ACTION ACCOMPLISHES:

 

Provides Lee County with a several consultants that can provide miscellaneous surveying and mapping services to include but not limited to: as-built survey; boundary survey; construction layout survey; control survey; hydrographic survey; mean high water line survey; quantity survey; record survey; right-of –way survey; specific or special purpose survey and topographic surveys for various projects County-Wide.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

A. Approve award of RFP130297 BASIC GROUP LIFE, AD&D AND OPTIONAL (SUPPLEMENTAL) LIFE INSURANCE to Liberty Life Assurance Company of Boston, who presented the proposal deemed by the Evaluation Committee to be in the best interest of Lee County, with an initial contract period of one year commencing on January 1, 2014. This contract will result in an annual savings to the County of approximately $25,400.

B. Grant the Procurement Director, with County Administration approval, the authority to administratively negotiate and renew this quote for four additional one-year periods under the same terms and conditions, if renewal/extension is in the best interest of Lee County.

C. Authorize the Chair to sign any associated/required contracts.(#20130716-HUMAN RESOURCES)

 

FUNDING SOURCE:

 

Funding will come from employer contributions for basic life/AD&D and employee contributions for optional life.

 

WHAT ACTION ACCOMPLISHES:

 

Provides Lee County with a source for Basic Group Life, AD&D and Optional (Supplemental) Life Insurance.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

8.

NATURAL RESOURCES/SOLID WASTE

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A) Approve Amendment No. 4 to DEP Contract No. GC709, Florida Department of Environmental Protection Agreement for Storage Tank System Compliance Verification Program adding DeSoto County facilities to the contract and amending the severability clause providing that a prohibited or invalid clause will not invalidate the remainder of the provision or remaining provisions of the contract and naming Leon County, Florida as the venue for any legal action in this regard.

B) Authorize Chairman to execute amendment on behalf of the Board.  

(#20130705-NATURAL RESOURCES)

 

FUNDING SOURCE:

 

Fund – General Fund; Program – Pollutant Storage Tanks; Project – N/A.

Revenues provided by the State through this contract exceed program budget.

 

WHAT ACTION ACCOMPLISHES:

 

Amends the contract to include DeSoto County facilities and provides updated severability language as set forth in the agreement governing the Pollutant Storage Tank Inspection Program between Lee County and DEP. 

 

MANAGEMENT RECOMMENDATION:

 

Recommend approval.

 

9.

PARKS AND RECREATION

 

10.

PUBLIC SAFETY

 

11.

PUBLIC WORKS ADMINISTRATION

 

12.

TRANSPORTATION

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A)   Approve Change Order No. 1 under project B-130176 NEW PASS BRIDGE SEAWALL REPAIR (BRIDGE #120022), to Quality Enterprises USA, Inc., Contract No. 6377 in the amount of $38,255.00, with a 60 day contract extension.

B)   Authorize Chair to execute Change Order on behalf of the Board. (#20130706-TRANSPORTATION)

 

FUNDING SOURCE:

 

Fund – Transportation Capital Improvement; Program – Major Maintenance; Project – Master Bridge.

Funds are available for this change order in the FY 2012/13 Major Maintenance Program.

 

WHAT ACTION ACCOMPLISHES:

 

Compensates Contractor for the installation of steel sheet pile bulkhead due to unforeseen underwater obstructions in order to accomplish the installation of the concrete seawall.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

12.

TRANSPORTATION (Continued)

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

(A) Approve award of formal quotation B-130424 Landscape Maintenance for DOT to the following local vendors: Superior Landscaping & Lawn Service, Inc. and P & T Lawn & Tractor Service, Inc. (a local DBE vendor) at the prices on the attached tab sheet for a period of one year. The total estimated annual expenditure will be $500,000.

(B) Approve award of all of the Options at the prices listed on the attached tab sheet.

(C) Authorize the County Manager to grant annual price increases based on the Consumer Price Index (CPI) if deemed to be in the County’s best interest to do so in accordance with the contract.

(D) Grant the Procurement Director, with County Administration approval, the authority to renew this agreement for four additional one year periods, at the same terms and conditions, if doing so is in the best interest of Lee County. (#20130707-TRANSPORTATION)

 

FUNDING SOURCE:

 

Fund – Transportation Trust; Program – DOT Operations – Roadway; Project – Other Contracted Services.

Funds are available for the remainder of this fiscal year and are included in the FY 2013/14 Budget.

 

WHAT ACTION ACCOMPLISHES:

 

Provides DOT with the means to maintain the roadways enhanced landscaping, providing increased mowing, maintenance and ground cover as required by the Leescape Master Plan and using competitively-quoted pricing.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

13.

UTILITIES

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A) Concur with the ranking by the Competitive Negotiations Committee for CN130384 UTILITIES RATE FINANCIAL CONSULTANT, in the following order of ranking:  (1) Public Resources Management Group, Inc.; and, (2) Burton & Associates, Inc.

B) Authorize contract negotiations to commence with the number one ranked firm for an initial period of one year with the option to re-negotiate and renew for up to four additional one year periods, upon mutual agreement of both parties.

C) Approve a not-to-exceed annual expenditure of $75,000.

D) Authorize Chair on behalf of the Board to execute Agreement upon receipt. (#20130710-UTILITIES)

 

FUNDING SOURCE:

 

Utilities Operating Fund; Program:  Water Operations and Sewer Operations, Professional Services.  Funds for these vendor services are included in the Utilities operating budget annually.

 

WHAT ACTION ACCOMPLISHES:

 

Provides Lee County with a Consultant capable of furnishing general utility financial consulting services and assistance for the Lee County Utilities Department.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

13.

UTILITIES (Continued)

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

A. Approve award of B-130489 ALUMINUM SULFATE (LIQUID) FOR UTILITIES WASTEWATER AND WATER PLANTS to the lowest responsive, responsible bidder meeting all bid requirements, General Chemical LLC, at a cost of $173.49 per dry ton as listed on the attached Lee County Tabulation sheet (a decrease in pricing from their 2009 award) for a period of one year.

B. Grant the Procurement Director the authority, with County Administration approval, to administratively negotiate and renew this quote for four additional one-year periods 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.

C. Grant the Procurement Director, with County Administration approval, the authority to act on behalf of the Board in the event of vendor non-compliance and proceed to the next low bidder in the event that the low bidder is unable to establish the effectiveness of their product.

D. Approve annual expenditure of approximately $295,000 for Aluminum Sulfate (Liquid).

(#20130713-UTILITIES)

 

FUNDING SOURCE:

 

The funding source will be: Fund – Lee County Utilities Operations; Programs – Water Treatment Plants and Wastewater Treatment Plants; Project – Chemicals, Insecticide & Fertilizer.  Funding for these products is included in the annual Utilities Operating budgets.

 

WHAT ACTION ACCOMPLISHES:

 

Provides Lee County Utilities with a vendor to furnish and deliver aluminum sulfate on an annual basis for use at their facilities. This product is used in the water treatment process for color removal from the raw water before the treatment process, prior to its distribution to the customers. This product is used in the wastewater treatment to remove phosphorus from the discharge water.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

Agreement (BS 2013/, SIV/SDG):  Authorize Chair to execute an agreement with San Carlos Golf, Inc. to provide assistance in the modification of the South Florida Water Management District Water Use permit to increase the groundwater allocation to meet irrigation demands of the golf course after the County’s decommissioning of the San Carlos Wastewater Treatment Plant. (#20130715-UTILITIES)

 

FUNDING SOURCE:

 

Funds:  Lee County Utilities Operations; Programs: Water Treatment Plants, Wastewater Treatment Plants;

Project: Other Contracted Services; Funding for this project is included in the annual Utilities Operating Budget.

 

WHAT ACTION ACCOMPLISHES:

 

Authorizes staff to assist San Carlos Golf, Inc. in the modification of its South Florida Water Management District (SFWMD) Water Use Permit to increase the groundwater allocation in anticipation of the planned decommissioning of the San Carlos Wastewater Treatment Plant, which currently supplies approximately half the golf course's irrigation demand using reclaimed water produced by the facility.

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 

 

D)

ACTION REQUESTED/PURPOSE:

 

 

FGUA Agreement (BS 20130717,27037 SIV/SDG): Approve and authorize the Chair, on behalf of the BOCC, to execute the "AMENDED AND RESTATED AGREEMENT FOR THE WHOLESALE SALE OF POTABLE WATER BY LEE COUNTY, FLORIDA TO FLORIDA GOVERNMENTAL UTILITY AUTHORITY" for the FGUA’s North Fort Myers Water Service Area. (#20130717-UTILITIES)

 

FUNDING SOURCE:

 

No funds required.

 

WHAT ACTION ACCOMPLISHES:

 

Establishes terms, conditions, and defines FGUA’s Water Service Area for the water distribution system acquired by FGUA with the purchase of North Fort Myers Utilities.

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 


 

14.

COUNTY ATTORNEY

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Direct an ordinance pertaining to Nonconsent Towing and Immobilization Services in Lee County, and repealing and replacing Lee County Resolution 10-03-25 and Ordinances 94-27 and 00-13, to public hearing on September 10, 2013 in Lee County Board Commission Chambers at 9:30 am or as soon thereafter as it may be heard. (#20130697-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.

 

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. (#20130728-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 disbursement of excess funds resulting from the sale of tax deed certificates to a claimant verified and certified under Florida Statutes 197.582. (#20130729-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.

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

Present for information purposes interim reporting on selected financial activity. (#20130730-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.


 

16.

CONSTITUTIONAL OFFICERS (Continued)

 

 

D)

ACTION REQUESTED/PURPOSE:

 

 

Approve the Minutes for the following meetings of the Board of County Commissioners held during the week of August 12 thru August 16, 2013.

August 13, 2013  (Regular) (#20130734-MINUTES)

 

FUNDING SOURCE:

 

Not Applicable.

 

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

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Direct the Lee County RESTORE Act Advisory Committee to follow the Guiding Principles stated below when undertaking its work:

1. Projects will meet the eligible uses specified in the Act and conform to any funding conditions

 required by Treasury regulations or other applicable law;

2. Projects must provide a positive environmental and/or economic benefit to the County;

3. Projects must be consistent with local government comprehensive plans and priorities;

4. No single project may encumber the entire amount of "local" RESTORE funding; and

5. The Committee will seek opportunities to leverage funds by exploring options to partner

with other funding entities. (#20130701-COUNTY MANAGER)

 

FUNDING SOURCE:

 

County Administration will serve as the Liaison Department, the County Attorney or designee will serve as legal advisor, and multiple departments will provide support as needed. Additional funding needs are unknown at this time.

 

WHAT ACTION ACCOMPLISHES:

 

Provides Board direction for Committee deliberations.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

A) Concur with the ranking of firms by the Qualification Selection Committee for RFQ130410, STATE LEGISLATIVE & EXECUTIVE BRANCH LOBBYING SERVICES, as follows:  (1) Gray-Robinson, P.A.; (2) Nabors, Giblin & Nickerson, P.A.; and, (3) Fowler White Boggs, P.A.

B) Authorize contract negotiations to commence with the three short-listed firms for an initial period of one year with the option to re-negotiate and renew for up to two additional one year periods, upon mutual agreement of all parties.

C) Approve a not-to-exceed annual expenditure of $120,000.

D) Authorize Chair to execute Agreements on behalf of the Board upon receipt.

(#20130725-COUNTY MANAGER)

 

FUNDING SOURCE:

 

Fund—General Fund: Program—Non-Departmental. This item is budgeted annually.

 

WHAT ACTION ACCOMPLISHES:

 

Provides the County with state legislative and executive branch lobbying services.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

2.

COMMUNITY DEVELOPMENT

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Direct the following three amendments to the Lee County Comprehensive Plan as part of the EAR:

1) Eliminate the requirement that development in the University Community land use category undergo a Development of Regional Impact (DRI) review regardless of project size;

2) Remove mandatory concurrency requirements for Transportation, Parks, and Schools; and

3) Update the Airport Layout Plan for the Southwest Florida International Airport reflected in the Lee Plan Map 3(f). (#20130718-COMMUNITY DEVELOPMENT)

 

FUNDING SOURCE:

 

None required.

 

WHAT ACTION ACCOMPLISHES:

 

Authorizes staff to prepare staff reports for Board sponsored amendments to the Lee Plan for future public hearings.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

3.

CONSTRUCTION AND DESIGN

 

4.

COUNTY COMMISSIONERS

 

5.

COUNTY LANDS

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

(A) Approve Purchase Agreement for acquisition of Parcel 503, Conservation 20/20 Land Acquisition Program, Project No. 8800, further identified as STRAP No. 13-46-22-T2-00005.0000, consisting of ±3.2 acres located at 1808 Woodring Road, Sanibel Island, in the amount of $3,000,000;                 

(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. (#20130664-COUNTY LANDS)

 

FUNDING SOURCE:

 

Fund–Conservation 20/20 Capital Improvement Fund; Program–Capital Project; Project: Conservation 20/20, Land Purchase, and is included in the FY 12/13 CIP budget.

 

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

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve Bid Waiver # W-130583 to waive the formal quoting process - and accept three quotes obtained by Facilities Services on an informal basis - for the re-piping of the Community Development/Public Works Building by Water Works Plumbing Corporation (a local contractor) at the competitively quoted price of $181,075.  A waiver has been requested so that this work may be completed as soon as possible to reduce the risk of major flooding within the facility. (#20130704-FACILITIES MANAGEMENT)

 

FUNDING SOURCE:

 

Fund – General Fund; Program – Major Maintenance Project;   Project – CD/PW Building Re-pipe.  This project was planned and is included in the FY 12/13 Major Maintenance Budget.

 

WHAT ACTION ACCOMPLISHES:

 

Authorizes the replacement of water pipes in the Community Development/Public Works Building.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 



8.

NATURAL RESOURCES/SOLID WASTE

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

1. Approve an Interlocal Agreement with the City of Sanibel to jointly fund a public education campaign to promote the responsible use of fertilizer and demonstrate the link between excessive fertilizer use and degradation of natural resources in Southwest Florida.

2. Approve a budget amendment in the amount of $75,000 for unanticipated revenues from the City of Sanibel in the Surface Water Master Plan Project 40098300100. Matching funds for the County's cost share are available in Surface Water Master Plan Project 40098315500. The intent of this action is to combine a $75,000 contribution from the City of Sanibel to a $75,000 contribution from Lee County to support a $150,000 comprehensive public education/outreach campaign (#20130613-NATURAL RESOURCES)

 

FUNDING SOURCE:

 

Fund – General Fund (Contribution for City of Sanibel); Program – Water Resources Projects; Project – Surface Water Management Plan.  COUNTY CONTRIBUTION:  Fund – Unincorporated Area MSTU; Program – Water Resources Projects; Project – Surface Water Management Plan.

 

WHAT ACTION ACCOMPLISHES:

 

Approves the Interlocal Agreement between the County and the City of Sanibel to fund and carry out a public education campaign regarding proper fertilizer application and adherence to local fertilizer ordinances.

 

MANAGEMENT RECOMMENDATION:

 

Recommend approval.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

1) Approve Supplemental Task Authorization No. 2 to Applied Technology and Management, Inc. Contract No. 6060 under CN-12-09, County-Wide Environmental Consulting Contract (Permitting, Mitigation and Monitoring) to perform of the Northwest Cape Coral/Lee County Watershed Initiative Phase I in an amount not-to-exceed $192,473.

2) Approve Agreement No. 13GGESMC0000112 with the United States Geological Survey in the amount of $79,254 for monitoring along the North Spreader Canal - Cape Coral.

3) Approve budget amendment in the amount of $1,632,300 to transfer returned escrow funds from FDEP into Project 408571, NSEMA - Ceitus Barrier in the amount of $1,500,000 and General Fund Reserves in the amount of $132,300. (#20130702-NATURAL RESOURCES)

 

FUNDING SOURCE:

 

Fund – General Fund (FDEP Escrow Refund); Program – Water Resources Projects; Project – NSEMA-Ceitus Barrier.  Funds were initially deposited with FDEP as a requirement of FDEP Amended Consent Order and Escrow Agreement regarding the North Spreader Waterway and Ceitus Boat Lift.  Funds were returned in February 2012 pending settlement between the parties.

 

WHAT ACTION ACCOMPLISHES:

 

Provides for bathymetric survey, monitoring and creation of an analytical model to simulate existing hydrodynamic conditions in the North Spreader Waterway so that potential projects to improve salinity, water quality and sedimentation can be evaluated. This work partially fulfills the obligations of the Mediated Settlement with Cape Coral approved by Lee County on March 26, 2013 (Bluesheet 20130235). This action also creates a CIP account from the funds formerly held in escrow with FDEP, capped at the $1,500,000 committed by the BoCC to carry out this work and related analyses and projects. The interest earned on those funds will go to General Fund Reserves.

 

MANAGEMENT RECOMMENDATION:

 

Staff recommends approval.

 

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 AGENDA

 

1.

ACTION REQUESTED/PURPOSE:

Adopt and certify by Resolution the Special Assessment Rolls regarding 35 Municipal Service Benefit Units for collection by the Lee County Tax Collector for Fiscal Year 2013-2014. (#20130644-PUBLIC RESOURCES)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Allows staff to utilize the annual tax bill for the collection of special assessments.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

2.

ACTION REQUESTED/PURPOSE:

Conduct Public Hearing for the Board of County Commissioners to adopt and certify by Resolution, the Residential and Commercial Mandatory Solid Waste Collection and Disposal Annual Special Assessment Roll, Disposal Facilities Special Assessment Roll, and MSTU Tax Roll to the Lee County Tax Collector for collection for Fiscal Year 2013-2014. (#20130628-SOLID WASTE)

 

FUNDING SOURCE:

 

No funds required.

 

WHAT ACTION ACCOMPLISHES:

 

Complies with Lee County Ordinances, Florida Administrative Code, and Florida Statutes that provide for the uniform method of collection for non-ad valorem special assessments and MSTU millage by the Tax Collector.

 

MANAGEMENT RECOMMENDATION:

 

Adopt and certify by Resolution, the Residential and Commercial Solid Waste Annual Special Assessment Rolls and MSTU Tax Roll for fiscal year 2013-2014.

 

3.

ACTION REQUESTED/PURPOSE:

Conduct a Public Hearing to adopt a Resolution on Petition to Vacate a portion of the 66-foot wide unimproved platted right-of-way located between River Ranch Road and Three Oaks Parkway south of Corkscrew Road, Estero, Florida (Case No. VAC2013-00009). (#20130575-COMMUNITY DEVELOPMENT)

 

FUNDING SOURCE:

 

No funding required.

 

WHAT ACTION ACCOMPLISHES:

 

Extinguishes the public interest in a portion of the unimproved right-of-way allowing development of a unified residential community. The vacation of this right-of-way will not alter existing drainage and utility conditions and the rights-of-way are not necessary to accommodate any future transportation, drainage and/or utility requirement. Extinguishing these road rights-of way will not result in the creation of a “land locked” condition for any of the affected properties.

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 

4.

ACTION REQUESTED/PURPOSE:

Conduct a Public Hearing to consider amending Lee County Ordinance No. 97-15, known and cited as "The Lee County/Florida Power & Light Electric Utility Franchise to increase the present franchise amount from 3% to not more than 4.5%. (#20130616-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

 

 

WHAT ACTION ACCOMPLISHES:

 

If adopted, the proposed amendment to the ordinance will increase the franchise amount to be received by the County from Florida Power & Light Company. Florida Power & Light Company ("FPL") uses the County’s rights-of-way for their electric utility facilities in order to provide electric service to customers in portions of unincorporated Lee County within the FPL Service Area.

 

MANAGEMENT RECOMMENDATION:

 

County Administration recommends amending Ordinance No. 97-15 increasing the franchise amount to not more than 4.5%.

 


 

WALK ON AGENDA

 

1.

ACTION REQUESTED/PURPOSE:

Consider approval of an Employment Agreement with Donna Marie Collins for services to be performed as the Chief Hearing Examiner for Lee County.  If approved by the Board, authorize the Chair to execute same on behalf of the Board. (#20130747-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

Fund-Unincorporated MSTU; Program-Hearing Examiner; Project - Salaries. Funding is included in operating budget.

 

WHAT ACTION ACCOMPLISHES:

 

Allows the Board of County Commissioner to discuss the Chief Hearing Examiner’s Employment Agreement and take action as deemed appropriate.

 

REASON FOR WALK ON:

 

We are requesting that Blue Sheet No. 20130747 be scheduled for the 8/27/13 Agenda.  The item involves an Employment Agreement for Donna Marie Collins, Chief Hearing Examiner. Commissioners made a motion at the 8/13/13 BOCC meeting for Chair, Cecil L Pendergrass to enter into negotiations and come back to the Board for final approval. A Walk-On is needed for Board approval and will allow Chief Hearing Examiner to assume duties.

 

2.

ACTION REQUESTED/PURPOSE:

Conduct a public hearing on September 4, 2013, at 5 p.m. to gather public input prior to the possible elimination of Transit Route 60 Florida Gulf Coast University/San Carlos Park, and Route 160 Pine Island, and authorize the required advertising. (#20130744-TRANSIT)

 

FUNDING SOURCE:

 

No funding required.

 

WHAT ACTION ACCOMPLISHES:

 

Compliance with Lee County Administrative Code AC-11-15, which requires a public hearing prior to Board approval for route elimination. This process also satisfies Federal requirements for soliciting public comment regarding the proposed service reductions.

 

MANAGEMENT RECOMMENDATION:

 

Recommend public hearing is conducted.

 

REASON FOR WALK ON:

 

Due to the potential elimination of Transit Route 60 and Route 160 a public hearing must be conducted.  The Walk-on is necessary as the advertisement for the public hearing must take place 7 days prior to a public hearing which will be held on Sept. 4th at 5 p.m.