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

September 17, 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 Ryan Deaton, 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

 

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 National Recovery Month. (#20130771-Commissioner Hall)

 

2.

Ceremonial presentation recognizing Hispanic Heritage Month. (#20130772-Commissioner Manning)

 

3.

Ceremonial presentation recognizing Falls Prevention Month. (#20130773-Commissioner Mann)

 


 

CONSENT AGENDA

 

1.

COUNTY ADMINISTRATION

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A)            Award RFP130487 Tourism Sales and Promotion Representation to the sole proposer Florida Travel Marketing, Inc (a locally owned company and DBE) for a period of one year with the option to renew for four additional one year periods.

B)            Grant the Visitor & Convention Bureau Director the authority to renegotiate and renew the contract, with the assistance of Procurement and approval of County Administration, for additional one year periods, if doing so is in the best interest of Lee County.

C)            Approve an annual expenditure not-to-exceed $250,000.00.

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

(#20130760-VISITOR AND CONVENTION BUREAU)

 

FUNDING SOURCE:

 

Tourist Development Tax Fund.

 

WHAT ACTION ACCOMPLISHES:

 

Approves and places under contract a Consultant for the Visitor & Convention Bureau to perform sales calls, consumer/trade shows, media calls, group tour shows, familiarization tours, follow-up and general consultation and promotional activities.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

A)            Approve the annual contract for Northeast USA Representation N-130482 to Betsy A. Bush in the amount not-to-exceed an annual expenditure of $125,000.00 for an initial period of one year with an option to re-negotiate and renew for two additional one year periods.

B)            Authorize Chair on behalf of the Board to execute the Service Provider Agreement.

(#20130764-VISITOR AND CONVENTION BUREAU)

 

FUNDING SOURCE:

 

Tourist Development Tax Trust.

 

WHAT ACTION ACCOMPLISHES:

 

Approves and places under contract a Meeting Sales and Promotion Representative with extensive experience in lead generation for the meetings and conferences market that result in definite business and room nights for Lee County accommodations.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

As required by AC 4-4, approve expenditure of $3,977,027 for the purchase of Excess Property and Casualty Insurance coverage for FY 13-14.  This reflects a reduction in premiums by $169,000.

(#20130766-COUNTY MANAGER)

 

FUNDING SOURCE:

 

Property & Liability Insurance and Bonds Fund.

 

WHAT ACTION ACCOMPLISHES:

 

Enables the Risk Management office to purchase necessary insurance in order to provide financial protection to the County against various unexpected property and casualty type losses.

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 


 

1.

COUNTY ADMINISTRATION (Continued)

 

 

D)

ACTION REQUESTED/PURPOSE:

 

 

As required by Interconnection Agreement between Lee County and FPL, approve expenditure of not to exceed $178,628 for the purchase of standalone excess insurance coverage for FY 13-14.  This reflects an increase in premiums by $9,476. (#20130767-COUNTY MANAGER)

 

FUNDING SOURCE:

 

Solid Waste System Operations; Program: SW Disposal Facilities; Project: Insurance and Bonds.

 

WHAT ACTION ACCOMPLISHES:

 

Enables the Risk Management office to purchase necessary insurance in order to provide financial protection to the County against various unexpected property and casualty type losses.

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 

 

E)

ACTION REQUESTED/PURPOSE:

 

 

As required by AC 4-4, approve expenditure of $938,641 for the purchase of insurance coverage for the County's Toll Bridges for FY 13-14.  This reflects a reduction in premiums of $19,000.

(#20130768-COUNTY MANAGER)

 

FUNDING SOURCE:

 

Fund – Transportation Facilities; Program – DOT – Tolls – Cape, Midpoint and Sanibel Bridges; Project – Bridge Insurance.

 

WHAT ACTION ACCOMPLISHES:

 

Enables the Budget Services/Risk Management office to purchase necessary insurance in order to provide financial risk transfer to protect the County’s assets against various unexpected property and casualty type losses.

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 

 

F)

ACTION REQUESTED/PURPOSE:

 

 

As required by AC 4-4, approve expenditure of $70,969 for the purchase of EMS Helicopter Aircraft Hull and Liability Insurance coverage for FY 13-14.  This reflects a flat renewal from FY 12-13.

(#20130769-COUNTY MANAGER)

 

FUNDING SOURCE:

 

General Fund; Program – Public Safety Air Operations.

 

WHAT ACTION ACCOMPLISHES:

 

Provides continuous coverage to the EMS helicopter for physical damage and provides financial risk transfer via aircraft hull and liability insurance.

 

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

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A) Approve Professional Service Agreement for CN130299 IMPLEMENTATION OF NORTH FORT MYERS SURFACE WATER MANAGEMENT PLAN PHASE ONE, Task Two; Design, Permitting and CEI Services of Nalle Grade Stormwater Park to Hole Montes, Inc., in an amount not-to-exceed $101,600.00.

B)  Authorize Chair to execute Agreement on behalf of the Board.

C) Grant the Director of Natural Resources, with County Administration approval, the discretion to approve a 10% contingency, in the amount of $10,160.00.

D) Grant the Director of Natural Resources, with County Administration approval, the discretion to administratively extend the time for completion of scheduled tasks identified in the approved scope of work in accordance with standard County procedure, if the Director determines doing so is appropriate and beneficial to the County.

E) Grant the Director of Natural Resources, the discretion to negotiate future design phases of this project to be brought back for Board approval through Supplemental Task Authorization.

(#20130703-NATURAL RESOURCES)

 

FUNDING SOURCE:

 

Fund:  Capital Improvement Unincorporated MSTU Construction; Program:  Water Resources Projects; Project:  Nalle Grade Stormwater Park.  This is an approved FY 13/14 CIP project and funds are available in the current year budget.

 

WHAT ACTION ACCOMPLISHES:

 

Provides Lee County with a professional consultant to provide design, permitting, and CEI services for Nalle Grade Stormwater Park;  the primary objective of Phase One is to design a facility within the Bayshore Creek watershed to provide water quality benefits, flood prevention, wildlife habitat, recreation opportunities and reduction of the pollutant load into the Caloosahatchee River.  The County has reserved the right to award CEI services to an alternate consultant through the competitive solicitation process. The awarded contract amount of $101,600 does not include the costs of CEI services and will require further Board approval.  The request for contingency funds is not part of the awarded contract amount, though these funds may be paid to the consultant with appropriate approvals, which has the potential to increase the contract amount for Phase One to $111,760.

This project has been split into phases due to the complex nature of the project.  Phase Two of the project, which is encompassed by the competitive solicitation, will involve the refinement of the design alternative chosen by Natural Resources.  In conjunction with Phase Two an amendment to the contract for additional funds will be presented to the Board for approval. 

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

9.

PARKS AND RECREATION

 

10.

PUBLIC SAFETY

 

11.

PUBLIC WORKS ADMINISTRATION

 

12.

TRANSPORTATION

 

13.

UTILITIES

 

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. (#20130744-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 September 2 thru September 6, 2013:  September 3, 2013 (Regular), September 4, 2013 (1st Budget Hearing), September 4, 2013 (Transit Hearing). (#20130779-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

 

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:

 

 

Authorize staff to write off uncollected sewer assessment principal, interest and penalties for the long-term Sewer Projects Special Assessments for East Lee County filed on April 6, 1983; South Fort Myers filed on March 5, 1991; and, McGregor filed on November 21, 1991, as bad debt and remove property liens.  (BS 20130752/27075, JR/SDG). (#20130752-UTILITIES)

 

FUNDING SOURCE:

 

No funds required for this action.

 

WHAT ACTION ACCOMPLISHES:

 

Policy direction regarding uncollected principal, interest and penalties for long-term Sewer Projects Special Assessments. The original amount covered by the bond revenue was $31,383,675.  As of November 2012, 98.7% of the bond revenue amount was collected and the bonds were paid in full when due during 2003, 2010 and 2011.

 

MANAGEMENT RECOMMENDATION:

 

Approval to write off uncollected principal, penalty and interest as bad debt.  The bonds secured to pay for the expansion of the sewer system have been paid in full, 98.7% of the bond revenue was collected as of November 2012 and the term of installments approved by resolution allows payment terms of 20-years.

 

14.

COUNTY ATTORNEY

 

15.

HEARING EXAMINER

 

16.

CONSTITUTIONAL OFFICERS

 

17.

PORT AUTHORITY AND OTHER GOVERNING BOARDS