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

June 11, 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:  Reverend Erik Bennett, Daniels Road Baptist Church

 

Pledge of Allegiance

 

Recap

 

Public Comment on the Consent and Administrative Agenda

 

                                Consent Agenda

·                     Items to be pulled for discussion by the Board

·                     Motion to approve balance of items

·                     Consideration of items pulled for discussion

 

Administrative Agenda

 

Public Hearings

 

Walk-ons and Carry-overs

 

                Commissioners' Items/Committee Appointments

 

County Manager Items

 

County Attorney Items

 

Public Presentation of Matters by Citizens

 

Adjourn


 

CONSENT AGENDA

 

1.

COUNTY ADMINISTRATION

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve the Public Official Faithful Performance Bonds. (#20130448-COUNTY MANAGER)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Assures compliance with the provisions of F.S. 137.05 and Lee County Ordinance number 00-25 (copy attached).

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 

2.

COMMUNITY DEVELOPMENT

 

3.

CONSTRUCTION AND DESIGN

 

4.

COUNTY COMMISSIONERS

 

5.

COUNTY LANDS

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A) Concur with  the selection of Consultants by the Competitive Negotiations Committee for CN130334 REAL ESTATE APPRAISAL SERVICES FOR CONSERVATION 20/20 LANDS PROGRAM, with respect to the following nine Lee and Collier county firms: Agri-Property Consultants, Inc; Carlson, Norris and Assoc., Inc.; Hanson Real Estate Advisors, Inc; Kenneth R Devos, MAI,SRA; Maxwell & Hendry Valuation Services, Inc; RKL Appraisal and Consulting, PLC; Stewart & Company, Inc.; T.A. Tippett, Inc.; and, Wilcox Appraisal Services, Inc., for a contract period of one year with an option to renew for one additional year.

B) Authorize staff to quote fees on a project by project basis using Supplemental Task Authorization (STA) for an Annual Not to Exceed amount of $200,000.00.

C) Authorize the Chair to execute the agreements on behalf of the Board. (#20130470-COUNTY LANDS)

 

FUNDING SOURCE:

 

Fund Conservation 20/20; Program, Conservation 20/20; Project, Conservation 20/20.

 

WHAT ACTION ACCOMPLISHES:

 

Provides Lee County with several qualified Consultants to provide real estate appraisal services for the Conservation 20/20 Lands Program.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

5.

COUNTY LANDS (Continued)

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Authorize:

A) Staff to pursue purchase of Parcel 193B, Burnt Store Road Widening Project No. 4088, further identified as Tax ID No. 05-44-23-C1-04042.0030, and located at 3032 Diplomat Parkway, through a Tax Deed Application. This is not a County initiated Tax Deed Application action, so the purchase will be through the open auction process (open bidding) and not possession by default.  This Parcel will be pursued for condemnation, if County is not successful at the auction.

B) Staff to bid up to a reasonable, justifiable price for the purchase of the parcel;

C) Immediate deposit of 5% of the bid at time of auction, if County is successful bidder, and immediate funding of the balance of the bid by 1:45 p.m. the day of the Tax Deed sale;

D) Payment of liens not included in the Tax Deed sale; if any;

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

F) Authorize County Lands Staff to execute and accept all documentation necessary to complete this transaction. (#20130492-COUNTY LANDS)

 

FUNDING SOURCE:

 

Fund: Surplus Tolls Cape Coral; Program: Capital Projects; Project: Burnt Store 4 Lane/ 78-Van Buren.  The project is funded in the current FY 12-13 CIP.

 

WHAT ACTION ACCOMPLISHES:

 

Provides authorization to pursue a non standard alternate acquisition opportunity, Tax Deed sale, for Parcel 193B required for Burnt Store Road Widening Project No. 4088.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

6.

HUMAN SERVICES

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

1) Accept award of Supportive Housing Program funding in the amount of $2,164,377 from the U.S. Department of Housing and Urban Development (HUD) through the Continuum of Care. The Board approved the submission of Lee County's FY 2013 Homeless Continuum of Care application on January 8, 2013 (Blue sheet #20121135).  The subsequent Supportive Housing Program awards are listed below in background section:

2) Approve FY 2012-2013 Budget Resolutions totaling $ 2,164,377.

3) Authorize Chair to sign HUD agreements, provider contracts and future necessary amendments once prepared.

4) Authorize Department of Human Services Director to sign grant reports.

(#20130471-HUMAN SERVICES)

 

FUNDING SOURCE:

 

Fund - Federal Grant through the Continuum of Care grant funding;

Program -  U.S. Department of Housing and Urban Development (HUD);

Project - Supportive Housing Program - various projects providing assistance to individuals and families who are homeless or at risk of homelessness.

 

WHAT ACTION ACCOMPLISHES:

 

Board action is necessary to establish budget for the new funds and authorize the execution of agreements with HUD and approved contracts with service providers.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

7.

INDEPENDENT

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Authorize acceptance of the following non-monetary donations relative to the upcoming Summer Reading Program scheduled to start May 28, 2013:  400 cards valued at $8.00 each from Dairy Queen for a total value of $3200; 30 bookmarks valued at $3.00 each from Beef O-Brady’s for a total value of $90; 7000 kids meals from TGIF valued at $39,600; 7 Dell computers with 7 flat screen monitors and keyboards (all used) valued at $150 each from FGCU/Friends of DB library for a total value of $1050; and 6000 (2) tickets + Wendy’s Jr. Frosty valued at  $14.00 from Miracle Baseball Books & Bats Program for a total value of $84,000.    The grand total value of these non-monetary donations is $127,940.

Authorize acceptance and expenditure authority for the following monetary donations:   $44.10 from the First Monday Book Club for the purchase of children’s books for Lakes Regional Library; $25 from Carl and Phyllis Wendell in memory of Sandie Hawkins for Lakes Regional Library; $750 from the Friends of South County Regional Library for Facilities Management to paint the large meeting room;  $50 from Mr. and Mrs. Brian Heery in honor of Edna and Gordon Heery for the purchase of Youth Services materials at South County Regional Library; $2018.17 from the Friends of East County Regional Library for digital signage; $21 from Michael Beardsley for a one year subscription to Vanity Fair for the Pine Island Library; and $2,311.98 from the Friends of the Cape Coral Library for the purchase of a CD/DVD display case, two floor rockers and one mobile grid display.  The grand total of these monetary donations is $5,220.25. 

Adopt a budget amendment resolution totaling $5,220 to adjust the budget accordingly.

(#20130490-LIBRARY)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Authorizes acceptance of monetary and non-monetary donations and expenditure of funds pursuant to donors’ requests.  Appropriates budget accordingly.

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 

8.

NATURAL RESOURCES/SOLID WASTE

 

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:

 

 

Authorize Lee County Sheriff's Office (LCSO) to submit an application, and if awarded, receive funds on behalf of Lee County from Operation Stonegarden in the amount of $578,404.20. (#20130494-SHERIFF)

 

FUNDING SOURCE:

 

The U.S. Department of Homeland Security.

 

WHAT ACTION ACCOMPLISHES:

 

Authorize Lee County Sheriff’s Office (LCSO) to submit application, and if awarded, receive funds on behalf of Lee County from the U.S. Department of Homeland Security for Operation Stonegarden. Funding is intended to enhance cooperation and coordination among local, tribal, territorial, state and federal law enforcement agencies in a joint mission to secure the U.S. borders along routes of ingress from international borders.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Request Board approves disbursements. The check and wire registers can now be viewed on the Clerk's website, www.leeclerk.org by accessing the BoCC Minutes and Documents link. (#20130506-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).

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

Approve the Minutes for the following meetings of the Board of County Commissioners held during the week of May 27 thru May 31, 2013:  May 28, 2013 (Regular). (#20130507-MINUTES)

 

FUNDING SOURCE:

 

Not Applicable.

 

WHAT ACTION ACCOMPLISHES:

 

Approval of the Board Minutes, pursuant to Florida Statute 286.011.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

D)

ACTION REQUESTED/PURPOSE:

 

 

Board approval and Chairman's signature on the Department of the Treasury, Internal Revenue Service (IRS) Form 8038-CP Return for Credit Payments to Issuers of Qualified Bonds for the Lee County, Florida Tourist Development Tax Revenue Bonds, Series 2010A (Federally Taxable Build America Bonds-Direct Subsidy) ("Series 2010A Bonds"). (#20130509-FINANCE)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

To request from the Department of Treasury via the IRS the October 1, 2013 interest payment subsidy for the Series 2010A Bonds.

 

MANAGEMENT RECOMMENDATION:

 

Approve and sign Form 8038-CP.

 


 

16.

CONSTITUTIONAL OFFICERS (Continued)

 

 

E)

ACTION REQUESTED/PURPOSE:

 

 

Board approval and Chairman's signature on the Department of the Treasury, Internal Revenue Service (IRS) Form 8038-CP Return for Credit Payments to Issuers of Qualified Bonds for the Lee County, Florida Tourist Development Tax Revenue Bonds, Series 2010B (Federally Taxable Build America Bonds-Recovery Zone Economic Dev. Bonds-Direct Subsidy) ("Series 2010B Bonds"). (#20130510-FINANCE)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

To request from the Department of Treasury via the IRS the October 1, 2013 interest payment subsidy for the Series 2010B Bonds.

 

MANAGEMENT RECOMMENDATION:

 

Approve and sign Form 8038-CP.

 

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

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Adopt the recommended alignment and conceptual design for the widening of Alico Road from east of Ben Hill Griffin Parkway to Airport Haul Road.  The recommended alignment for Alico Road is the centered alignment and the recommended alignment of the Airport Haul Road/CR 951 intersection is the north curve alignment per the Alico Road Alignment Study Report dated May 18, 2012.   The alignment study developed a long term plan for the future property connections and bike-pedestrian-transit points of access with public input from the land owners and developers to meet the needs of the expected future land uses.  The executive summary is provided as Attachment A and the full report can be reviewed on the Transportation web page at http://www3.leegov.com/publicworks/Down_Plans.htm.(#20130463-TRANSPORTATION)

 

FUNDING SOURCE:

 

This action does not have an expense associated with it. The corridor alignment study was funded as part of CIP Project #205075 Alico Road 4 Laning / Ben Hill - Airport Haul Rd., using the County’s local option gas taxes. Funds for the next phase (design) are currently included in the FY 2012/13 CIP.

 

WHAT ACTION ACCOMPLISHES:

 

Defines a typical section for the future widening of Alico Road that attempts to accommodate all users, thereby defining right-of-way needs, utility locations, and environmental impacts.  Identifying right-of-way needs allows adjacent land owners/developers to proceed with their land use plans/site designs, and move through the zoning and development approval process.  Identifying utility locations is critical in support of Lee County Utilities’ recent success in obtaining Federal grant funds to design the sewer line extension. The north curve alignment for the Airport Haul Rd./CR 951 intersection eliminates a future offset intersection . With approval of the preferred alignment and conceptual design, the project can proceed to the more-detailed design and permitting phase, which is funded in the current fiscal year (FY 2012/2013) CIP, and negotiations can proceed with the adjacent land owners for needed right-of-way.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

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 ordinance amending the Burnt Store Area Fire Service Municipal Services Taxing Unit (MSTU) ordinance to reflect revised boundaries. (#20130485-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Satisfies the statutory requirement to hold a public hearing to adopt an ordinance.  If adopted, the ordinance will amend the boundaries of the Burnt Store Area Fire Service MSTU to reflect the annexation of portions of the District by the City of Cape Coral.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

WALK ON AGENDA

 

1.

Ceremonial presentation recognizing Girl Scouts. (#20130547-Commissioner Hall)

 

2.

ACTION REQUESTED/PURPOSE:

On June 5, 2013 at a Special Meeting to interview candidates for County Manager, the Board came to consensus on moving forward with candidate Joyce Wilson as the first selection and Roger Desjarlais as the second selection.

A) Select and approve Joyce Wilson as the chosen candidate for services to be performed as the Lee County Manager. 

B) Authorize Chair, on behalf of the Board, to enter into contract negotiations with Ms. Wilson for her contractual employment.

C) Select and approve Roger Desjarlais as the secondary candidate for services to be performed as the Lee County Manager if successful contract negotiations are unable to be reached with Ms. Wilson.

D) Should contract negotiations fail with Ms. Wilson authorize Chair, to enter into contract negotiations with Mr. Desjarlais. (#20130535-HUMAN RESOURCES)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Formally selects and approves the top and secondary candidates for services to be performed as the Lee County Manager and authorizes Chair to enter into contract negotiations on behalf of the Board.

 

MANAGEMENT RECOMMENDATION:

 

N/A.

 

REASON FOR WALK ON:

 

Board directed.