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

March 19, 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:  Pastor Jim Rosemergy, Unity of Fort Myers

 

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.

Ceremonial presentation recognizing Together We Mean Community award recipient.

(#20130236-Commissioner Pendergrass)

 

2.

Ceremonial presentation recognizing Social Workers Month. (#20130237-Commissioner Manning)

 

3.

Ceremonial presentation recognizing Florida Surveyors and Mappers Week. (#20130238-Commissioner Hall)

 

4.

Ceremonial presentation recognizing Multiple Myeloma Month. (#20130242-Commissioner Pendergrass)

 


 

CONSENT AGENDA

 

1.

COUNTY ADMINISTRATION

 

2.

COMMUNITY DEVELOPMENT

 

3.

CONSTRUCTION AND DESIGN

 

4.

COUNTY COMMISSIONERS

 

5.

COUNTY LANDS

 

6.

HUMAN SERVICES

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

1) Approve Program Amendments to the Lee County Consolidated Plan and 2008, 2010, 2011, and 2012 Annual Plans for U.S. Department of Housing and Urban Development (HUD).

2) Approve Program Amendments to the Lee County Neighborhood Stabilization Program 3 (NSP3) for HUD.

3) Authorize Board Chair to sign documents related to said Amendments.

(#20130182-HUMAN SERVICES)

 

FUNDING SOURCE:

 

Fund- Federal Grant through Community Development Block Grant (CDBG) Entitlement and Construction Grant Funds; Program- HUD; Projects- CDBG Year 19, 21, 22, and 23.

Fund- Federal Grant through Dodd–Frank Wall Street Reform and Consumer Protection Act; Program- HUD; Project- NSP3.

 

WHAT ACTION ACCOMPLISHES:

 

Actions 1) through 3) allow transfer/reallocation of CDBG funds to prioritized activities and make an administrative clarification and expand areas eligible for NSP3.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

1.) Approve and sign a contract modification between Lee County Board of County Commissioners and Florida's Department of Economic Opportunity for Lee County to receive an additional $189,420 in Community Services Block Grant (CSBG) funds.

2.) Approve a budget resolution to add $189,420 of Community Services Block Grant funds to the FY2012-2013 budget.

3.)  Authorize the Department of Human Services to hire or contract for one grant funded position as needed and approved by County Administration. (#20130215-HUMAN SERVICES)

 

FUNDING SOURCE:

 

Fund-Federal Grant through General Fund; Program-Florida Department of Economic Opportunity; Project-Community Services Block Grant.

 

WHAT ACTION ACCOMPLISHES:

 

Increases the budget from $182,428 to $371,848 which allows for expanded services to homeless families.   Allows the Department of Human Services to dedicate additional funding for emergency rent and utility assistance for approximately 40 households and rapid re-housing for 31 homeless families and children.  To qualify the household must have income levels below 125% federal poverty level. 

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

7.

INDEPENDENT

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A) Approve award of Project # B-130171 DELIVERY SERVICES FOR THE LEE COUNTY LIBRARY SYSTEM to the lowest responsive, responsible bidder (with the application of the Local Vendor Preference) meeting all bid requirements, GSV Enterprises, Inc dba/ CPR Courier (a local DBE Contractor), for a period of one year with the option to renew for four additional one year periods at an annual cost of $117,000.

B) Approve award of Options 1- cost to add/delete a daily route, Option 2- cost to add Boca Grande Library to route, and Option 3- cost for Special trips, at the prices as listed on the attached Tabulation Sheet.

C) Approve the award and application of the Local Vendor Preference of 3% to the prices quoted by CPR Courier to the both the annual cost and all options.

D) Authorize the Procurement Director 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.

E) Grant the Procurement Director 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. (#20130204-LIBRARY)

 

FUNDING SOURCE:

 

Library Fund.

 

WHAT ACTION ACCOMPLISHES:

 

Allows the Library System to transfer books, videos and other items between libraries for public access.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Enter into an interlocal agreement with the Southwest Florida Regional Planning Council to conduct a study on regional coordination and access in coordination with the Veterans Livability Initiative Grant awarded to LeeTran (#20130200-TRANSIT)

 

FUNDING SOURCE:

 

Fund - Federal Grant through Transit Capital Grant Fund; Program - Federal Transit Administration; Project - Regional coordination study on transportation access for Veterans and their families.

 

WHAT ACTION ACCOMPLISHES:

 

Allows Lee County to enter into an Interlocal Agreement with the Southwest Florida Regional Planning Council to complete a study on Veterans transportation issues.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

Authorize naming the permeable paver courtyard areas surrounding the north and south building of the new Fort Myers Library Complex as the Cornog Plaza. (#20130201-LIBRARY)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

The designation serves as a memorial and continued expression of gratitude for a generous bequest from the Cornog estate in 2004.  Designating a name for the courtyard areas of the new library complex will also prove useful when taking reservations for events to be held on these premises. 

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 


 

8.

NATURAL RESOURCES/SOLID WASTE

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Authorize the Solid Waste Division to replace three Temporary Driver positions with three full-time Driver positions. (#20130221-SOLID WASTE)

 

FUNDING SOURCE:

 

Solid Waste System Ops - Disposal Facilities.  No additional funds required at this time.  The Division will monitor its expenses throughout the year to determine if additional funds will be required.

 

WHAT ACTION ACCOMPLISHES:

 

Provides the Division with three full-time positions necessary to perform the increased amount of transport work moving solid waste, recyclables, biosolids, and ash that exists as County commitments in existing interlocal agreements and other similar contracts.  Provides compliance with County HR policy 309.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

9.

PARKS AND RECREATION

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Authorize the Parks and Recreation Director to submit an application and related submittal documents to the Florida Fish and Wildlife Conservation Commission (FFWCC) to obtain a grant from the Florida Boating Improvement Program (FBIP) for the purpose of improving the Alva Boat Ramp facility.

B) Adopt a Resolution authorizing Parks and Recreation Director to act as the applicant for purposes of execution and submittal of the necessary documentation to apply for and receive FBIP grant funding.

C) Authorize Parks and Recreation Planning staff to act as Project Manager for this improvement project. (#20130222-PARKS AND RECREATION)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Grants Lee County Parks and Recreation the authority to apply for grant funding to improve the Alva Boat Ramp facility and act as Project Manager with respect to administration of the funds for the improvement project.  

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Approve Budget Transfer and Budget Resolution from unincorporated MSTU reserves to Lehigh Community Park Impact Fee District (#23) in the amount of $1,864,378 plus interest for a total of $1,980,610. (#20130231-PARKS AND RECREATION)

 

FUNDING SOURCE:

 

Fund - Unincorporated MSTU reserves.

 

WHAT ACTION ACCOMPLISHES:

 

Replenishes the Lehigh Community Park Impact Fee District #23 fund.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

10.

PUBLIC SAFETY

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A) Find that the issuance of a Certificate of Public Convenience and Necessity (COPCN) to South Trail Fire Protection and Rescue Service District satisfies the standards set forth in Lee County Ordinance 08-16.

B) Approve renewal of a COPCN to the South Trail Fire Protection and Rescue Service District to conduct advance life support (ALS) non-transport service and emergency medical care.

C) Authorize Chairman to execute the Certificate. (#20130212-PUBLIC SAFETY)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Provides the South Trail Fire Protection and Rescue Service District with the necessary COPCN to satisfy the statutory renewal requirements applicable to the District’s non-transport license that expires on July 4, 2013.  Grant of the COPCN will allow the District to continue operating as an ALS non-transport service provider in accordance with State law for two additional years.

 

MANAGEMENT RECOMMENDATION:

 

Management recommends approval.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

A) Find that the issuance of a Certificate of Public Convenience and Necessity (COPCN) to the Fort Myers Beach Fire Control District satisfies the standards set forth in Lee County Ordinance 08-16.

B) Approve renewal of a COPCN to the Fort Myers Beach Fire Control District to conduct advance life support (ALS) transport service and emergency medical care.

C) Authorize Chairman to execute the Certificate. (#20130213-PUBLIC SAFETY)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Provides the Fort Myers Beach Fire District with the necessary COPCN to satisfy the statutory renewal requirements applicable to the District’s transport license that expires on April 27, 2013.  Grant of the COPCN will allow the District to continue operating as an ALS transport service in accordance with State law for two additional years.

 

MANAGEMENT RECOMMENDATION:

 

Management recommends approval.

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

A) Find that the issuance of a Certificate of Public Convenience and Necessity (COPCN) to Cape Coral Fire, Rescue and Emergency Management Services satisfies the standards set forth in Lee County Ordinance 08-16.

B) Approve renewal of a COPCN to Cape Coral Fire, Rescue and Emergency Management Services to conduct advance life support (ALS) non-transport service and emergency medical care.

(#20130223-PUBLIC SAFETY)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Provides Cape Coral Fire, Rescue and Emergency Management Services with the necessary COPCN to satisfy the statutory renewal requirements applicable to the City of Cape Coral’s non-transport license that expires on June 14, 2013.  Grant of the COPCN will allow Cape Coral Fire, Rescue and Emergency Management Services to continue operating as an ALS non-transport service provider in accordance with State law for two additional years.

 

MANAGEMENT RECOMMENDATION:

 

Management recommends approval.

 

11.

PUBLIC WORKS ADMINISTRATION

 

12.

TRANSPORTATION

 


 

13.

UTILITIES

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A)            Approve Change Order No. 3 to project CN-09-07 OLGA WATER TREATMENT PLANT   IMPROVEMENTS PHASE 3 (CHEMICAL SYSTEM UPGRADE), to Tetra Tech, Inc. (local firm), Contract No. 4890 in the amount of $104,510.00.

B)            Approve a formal amendment to Contract 4890 to provide a retroactive extension of the contract termination date to October 31, 2013.

C)            Authorize Chair to execute the Change Order and contract amendment on behalf of the Board. (#20130187-UTILITIES)

 

FUNDING SOURCE:

 

Fund:  Utilities Capital Improvement & Water Connection Fees; Program:  Capital Projects; Project:  Olga Water Treatment Plant Reservoir & Plant Improvements.  This project was initially budgeted in the FY ‘01/02 with the intent of funding and completing the improvements in phases.  The project was either re-budgeted each year with new funds or carried over for the remaining project phases, and is included in the Fiscal Year 12/13 CIP budget.

 

WHAT ACTION ACCOMPLISHES:

 

Provides additional permitting support and design adjustments for and to the chemical system improvements at the Olga Water Treatment Plant.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

14.

COUNTY ATTORNEY

 

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. (#20130243-FINANCE)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

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

 

MANAGEMENT RECOMMENDATION:

 

Compliance with the requirements of FS 136.06(1).

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Approve the Minutes for the following meetings of the Board of County Commissioners held during the week of March 4 thru March 8, 2013: March 4, 2013 (Comp Plan Transmittal Hearing), March 4, 2013 (Zoning), March 4, 2013 (Management & Planning), March 5, 2013 (Regular). (#20130244-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

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve selection of Citigroup, Morgan Stanley, and Raymond James as underwriters for the Water & Sewer Refunding Revenue Bonds, Series 2013A and Water and Sewer Revenue Bonds, Series 2013B.

(#20130217-COUNTY MANAGER)

 

FUNDING SOURCE:

 

Fees Paid from Bond Proceeds – Issuance Costs.

 

WHAT ACTION ACCOMPLISHES:

 

Provides underwriter selection for the Water & Sewer Refunding Revenue Bonds, Series 2013A and Water and Sewer Revenue Bonds, Series 2013B.

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 

2.

COMMUNITY DEVELOPMENT

 

3.

CONSTRUCTION AND DESIGN

 

4.

COUNTY COMMISSIONERS

 

5.

COUNTY LANDS

 

6.

HUMAN SERVICES

 

7.

INDEPENDENT

 

8.

NATURAL RESOURCES/SOLID WASTE

 

9.

PARKS AND RECREATION

 

10.

PUBLIC SAFETY

 

11.

PUBLIC WORKS ADMINISTRATION

 

12.

TRANSPORTATION

 

13.

UTILITIES

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A) Concur with the ranking by the Competitive Negotiations Committee for CN-130004 THREE OAKS WWTP OXIDATION DITCH IMPROVEMENTS, in the following order: 1) CDM Smith, Inc.; 2) Hole Montes, Inc.; and,  3) AECOM Technical Services, Inc. (all firms have local offices).

B) Authorize negotiations to commence with the number one ranked firm. (#20130218-UTILITIES)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Provides Lee County with professional consultant services to perform a process evaluation of the existing oxidation ditches at the Three Oaks Waste Water Treatment Plant (WWTP) taking into consideration historical data of influent organic loadings and provide recommended alternatives to bring the oxidation ditches to full treatment capacity of 6 MGD as permitted.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

13.

UTILITIES (Continued)

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

A) Approve Bid Waiver # W-130286 to waive the formal quotation procedure and allow Lee County Utilities to purchase Neptune Water Meters and Parts from Sunstate Meter and Supply Inc. (the sole authorized Neptune Distributor with a resell supply agreement in the State of Florida) for a period of one year, with the option to renew for four additional one year periods.

B) Approval an annual estimated expenditures for these meters and parts in the amount of $375,000. (#20130219-UTILITIES)

 

FUNDING SOURCE:

 

Fund-Lee County Utilities Meter Services-Minor Equipment OD5360948700.505280 included in the approved FY2013 Operating Budget.

 

WHAT ACTION ACCOMPLISHES:

 

This action will allow Lee County Utilities to purchase water meters and parts on an annual as needed basis, in a cost effective, efficient and timely manner.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

14.

COUNTY ATTORNEY

 

15.

HEARING EXAMINER

 

16.

CONSTITUTIONAL OFFICERS

 

17.

PORT AUTHORITY AND OTHER GOVERNING BOARDS

 


 

WALK ON AGENDA

 

1.

ACTION REQUESTED/PURPOSE:

A)  Approve the award of Project # PB130222, the piggyback of the National Intergovernmental Purchasing Alliance (National IPA) contract for the purchase and distribution of 41,500 wheeled recycling carts for Solid Waste, from Toter, Inc., at the grand total price of $1,868,325 ($1,712,700 for the carts and $155,625 for assembly and distribution).

B)  Authorize the Chair to execute the accompanying quote from Toter.

C)  Approve the transfer of $1,868,325 from the Solid Waste Recycling Reserves to the Solid Waste Recycling FY13 Operating Fund. (#20130188-SOLID WASTE)

 

FUNDING SOURCE:

 

Fund - Solid Waste Recycling; Program - Environmental Services-Solid Waste Recycling; Project - Purchase and distribution of 41,500 wheeled recycling carts from Toter, Inc.

 

WHAT ACTION ACCOMPLISHES:

 

This purchase is required pursuant to the Board’s action on January 29, 2013 that changed the curbside collection procedure in franchise area 4 from bins to wheeled carts, providing larger recycling containers that are easier to use.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

REASON FOR WALK ON:

 

Board directed.