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

April 23, 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 John Daugherty, First Baptist Church of Florida

 

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.

Ceremonial presentation recognizing Trauma Awareness Month. (#20130361-Commissioner Mann)

 

2.

Ceremonial presentation recognizing MADD's PowerTalk 21. (#20130362-Commissioner Pendergrass)

 

3.

Presentation of the 1st Quarter 2013 Employee Length of Service Awards. (#20130281-Human Resources)

 


 

CONSENT AGENDA

 

1.

COUNTY ADMINISTRATION

 

2.

COMMUNITY DEVELOPMENT

 

3.

CONSTRUCTION AND DESIGN

 

4.

COUNTY COMMISSIONERS

 

5.

COUNTY LANDS

 

6.

HUMAN SERVICES

 

7.

INDEPENDENT

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve $9,300 change order from Professional Steel Erection, LLC to complete the replacement of the Fleet Administration/Garage roof. (#20130329-FACILITIES SERVICES)

 

FUNDING SOURCE:

 

Fund - Vehicle Equipment Maintenance; Program - Major Maintenance Project; Project - Fleet Re-Roofing Project.  Included in the approved FY 12/13 major maintenance budget.

 

WHAT ACTION ACCOMPLISHES:

 

Allows for the completion of the replacement of the roof on the Fleet Maintenance building.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

1) Adopt the Administrative Code establishing the Transit Special Management Committee, and

2) Establish the Transit Special Management Committee with an effective date, and

3) Appoint the initial members of the Transit Special Management Committee. (#20130351-TRANSIT)

 

FUNDING SOURCE:

 

No funding source is required at this time.  It is anticipated that Management of the Transit Special Management Committee will continue to be included in the Transit Operating Budget.

 

WHAT ACTION ACCOMPLISHES:

 

Establishes the Transit Special Management Committee per the Board’s directive.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

8.

NATURAL RESOURCES/SOLID WASTE

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

(A) Approve the award of Formal Bid No. B-130220 Yard Waste Grinding and Processing Services to the lowest qualified bidder, Belcorp/Prolime Joint Venture LLC at the prices listed on the attached Lee County Tabulation Sheet for a period of one-year with the option to renew for four additional one-year terms.

(B) Authorize the Chairman to execute the Service Provider Agreement.               

(C) Grant the Procurement Director the authority to renew the Service Provider Agreement annually for the remaining four additional one-year periods at the same terms and conditions, if doing so is in the best interest of Lee County.

(D) Approve an annual estimated expenditure of $590,000. (#20130346-SOLID WASTE)

 

FUNDING SOURCE:

 

Funds are budgeted in: Fund – Solid Waste System Ops; Program – Solid Waste Disposal facilities; Project – Other Contracted Services.

 

WHAT ACTION ACCOMPLISHES:

 

Provides the Solid Waste Division with a qualified, economical vendor to grind and process all of their yard waste.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 9.

PARKS AND RECREATION

 

10.

PUBLIC SAFETY

 

11.

PUBLIC WORKS ADMINISTRATION

 

12.

TRANSPORTATION

 

13.

UTILITIES

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - Walgreens #11535 at Sanibel Blvd. (BS 20130321/26631, MMM/SDG):  Approve final acceptance, by Resolution and recording of two (2) utility easements, as a donation of a water main extension, one potable water service, one 6'''' diameter fire line and one force main connection, to provide potable water service, fire protection and sanitary sewer service to the recently constructed ''WALGREENS #11535 AT SANIBEL BLVD''.  This is a Developer contributed asset project located at the southwest corner of US 41 South and Sanibel Boulevard. (#20130321-UTILITIES)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Provides adequate utility infrastructure to support development of the subject property and complies with the Lee County Utilities Design Manual.

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 


 

13.

UTILITIES (Continued)

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - Bella Terra, Phase 8D (BS 20130323/26633, THO/SDG):  Approve final acceptance, by Resolution, as a donation of water and gravity main extensions to provide potable water service, fire protection and sanitary sewer service to ''BELLA TERRA, PHASE 8D'', a recently constructed phase of this residential development. This is a Developer contributed asset project located on the south side of Corkscrew Road approximately 2 miles east of Ben Hill Griffin Parkway. (#20130323-UTILITIES)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Provides adequate utility infrastructure to support development of this phase of the subject property and complies with the Lee County Utilities Design Manual.

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - The Preserve at Corkscrew, Phase 4 (BS 20130324/26634, THO/SDG):  Approve construction of water and gravity main extensions to provide potable water service, fire protection and sanitary sewer service to ''THE PRESERVE AT CORKSCREW, PHASE 4'', a phased residential development.  This is a Developer contributed asset project located on the south side of Corkscrew Road approximately 2 miles east of Ben Hill Griffin Parkway. (#20130324-UTILITIES)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Provides adequate utility infrastructure to support development of this phase of the subject property and complies with the Lee County Utilities Design Manual.

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 

 

D)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - Verwest Dental Office, Phase 2 (BS 20130325/26635, THO/SDG):  Approve construction of  water and gravity main extensions serving ''VERWEST DENTAL OFFICE, PHASE 2'', to provide potable water service, fire protection, and sanitary sewer service to this proposed commercial development. This is a Developer contributed asset project located along the east side of Summerlin Road approximately ¼ mile south of Cypress Lake Drive. (#20130325-UTILITIES)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Provides adequate utility infrastructure to support development of this phase of the subject property and complies with the Lee County Utilities Design Manual.

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 

14.

COUNTY ATTORNEY

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve the "Lee County Multi Jurisdictional Mutual Aid Agreement between the Sheriff, the County and each municipal police department, the Port Authority; and the public college and university police departments. (#20130331-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Approves Lee County’s participation as funding entity, for the Lee County Sheriff and the county jail in a mutual aid agreement between the participating law enforcement agencies.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

14.

COUNTY ATTORNEY (Continued)

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Direct the proposed amendments to the Land Development Code to two public hearings as follows:

   First Public Hearing:       May 14, 2013 at 5:05 p.m.

   Second Public Hearing:  May 28, 2013 at 9:30 a.m. (#20130342-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Satisfies the Board policy to hold two public hearings to amend the LDC when a change to permitted or prohibited uses are proposed.   If adopted, the regulations will establish and amend the Land Development Code Chapters 2, 6, 10, 12, 14, 22, 26, 30, 33, and 34.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

15.

HEARING EXAMINER

 

16.

CONSTITUTIONAL OFFICERS

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve and accept grant monies from the 2012 Paul Coverdell Forensic Sciences Improvement Grant in the amount of $2,011.01 from the Florida Department of Law Enforcement through the US Department of Justice, National Institute of Justice program. Approve Budget Resolution in the amount of $2,011.01. (#20130335-MEDICAL EXAMINER)

 

FUNDING SOURCE:

 

Paul Coverdell Forensic Sciences Improvement Grant.  Through General Fund; Program - Medical Examiner; Project - Paul Coverdell Forensic Grant.  No county match required.

 

WHAT ACTION ACCOMPLISHES:

 

The action allows the District 21 Medical Examiner’s Office and Lee County to accept grant monies in the amount of $2,011.01 from the Florida Department of Law Enforcement.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Approve the Minutes for the following meetings of the Board of County Commissioners held during the week of April 8 thru April 12, 2013:  April 9, 2013 (Regular), April 12, 2013 (Joint Meeting Cape Coral). (#20130358-MINUTES)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

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

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

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 BoCC Minutes and Documents link. (#20130359-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).

 

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

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve and execute a Waiver of Conflict in response to Johnson Engineering’s disclosure of potential conflicts arising from representing the County and the Brooks of Bonita Springs II (Brooks) Community Development District (CDD).  Approve Supplemental Task Authorization No. 3 under Miscellaneous Professional Services Contract No. 6223 for Johnson Engineering to perform design and permitting of the Three Oaks Parkway Drainage Conveyance Improvements in the amount of $97,700.  With approval of STA 3, the contract total will be $127,050 requiring Board level authorization.

(#20130327-NATURAL RESOURCES)

 

FUNDING SOURCE:

 

Fund – Capital Improvement Fund (FDOT Reimbursement); Program – Water Resources Projects; Project – Halfway Creek Filter Marsh.  Funds were made available with approval of FDOT JPA Contract No. AQW95 approved by the Board on January 22, 2013 and FDOT on February 18, 2013.

 

WHAT ACTION ACCOMPLISHES:

 

Johnson Engineering provides engineering services to the Brooks CDD.  Lee County Division of Natural Resources seeks to retain the services of Johnson Engineering, Inc. to provide design and permit services.  Lee County’s acknowledgement and Waiver of Conflicts will allow Johnson Engineering to provide consulting services to the County for the design and permitting of Three Oaks Parkway Drainage Conveyance Improvements while the firm is also under contract with the Brooks CDD for engineering services involving the same or similar issues.  Johnson Engineering has indicated while they cannot not advocate for either client, there are mutual benefits that may derived from having one engineering firm handle this drainage project.

 

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:

 

 

Appoint two members of the Board of County Commissioners and one citizen representative to serve on the 2013 Value Adjustment Board (VAB).  The organizational meeting of the VAB will be held on a date yet to be determined. (#20130360-MINUTES)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Provides a citizen representative for the 2013 Value Adjustment Board, and identifies the two Board of County Commissioners representatives for the VAB as required by Florida Statute §194.015.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

17.

PORT AUTHORITY AND OTHER GOVERNING BOARDS

 


 

9:30 AM PUBLIC HEARING

 

1.

ACTION REQUESTED/PURPOSE:

Adopt proposed Pine Island Golf Cart Ordinance. (#20130340-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

Fund – Transportation Trust; Program – DOT Traffic – Signs & Markings Section; Project – Sign Placement and Maintenance.  DOT did not plan on implementing this Ordinance when developing the FY 2012/13 budget so funds were not specifically programmed.

 

WHAT ACTION ACCOMPLISHES:

 

Satisfies the Statutory requirement to hold a public hearing to adopt an Ordinance.   If adopted, the Ordinance will permit the operation of Golf Carts on specific County roads on Pine Island.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

WALK ON AGENDA

 

1.

ACTION REQUESTED/PURPOSE:

A) Waive the formal bid process and accept informal bid #IT130389, obtained by Natural Resources, to approve the lowest responsive bid from Strickler Brothers, Inc., in the lump sum amount of $103,422, for Popash Creek Box Culvert Improvements Area 2 Alternative Project.

B) Authorize the Chairman to execute the construction contract.

C) Waive the requirement for a construction bond.

D) Grant the Natural Resources Director the authority to approve additional expenditures in an amount not-to-exceed $15,513 (15% of the lump sum amount) for contingencies. (#20130366-NATURAL RESOURCES)

 

FUNDING SOURCE:

 

Fund – Capital Improvement Fund; Program – Water Resources Projects; Project – Culvert Replacement.  Funds are available in the FY12/13 Capital Improvement Program.

 

WHAT ACTION ACCOMPLISHES:

 

Waiver of the formal bid process and approval of lowest informal bid received allows re-construction of a collapsed private culvert within Popash Creek in an expedited manner in order to improve flood protection in the area.  Given the recent collapse of the private culvert, this project was raised to high priority status to protect the public from the flooding that will otherwise occur if the work is not completed before June 1, 2013.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

REASON FOR WALK ON:

 

The reason for the walk-on is public safety.  If we don’t replace the failed culvert as soon as practicable, upstream homeowners and residents may be flooded during the upcoming rainy season. 

 

 

2.

ACTION REQUESTED/PURPOSE:

A) Select the method in which to conduct the recruitment for the contracted position of Hearing Examiner. (#20130375-HUMAN RESOURCES)

 

FUNDING SOURCE:

 

Fund – General Fund; Program – Non-Departmental; Project - Hearing Examiner Recruitment.  This was not included in the FY12/13 Budget; however there is sufficient budget to cover this expense. No transfer from reserves is necessary. 

 

WHAT ACTION ACCOMPLISHES:

 

Allows the Hearing Examiner recruitment process to formally begin.

 

MANAGEMENT RECOMMENDATION:

 

A) For purposes of consistency with the recruitment process currently utilized for the contracted positions of County Manager and County Attorney, authorize staff to negotiate and execute a service provider agreement with Bob Murray & Associates to conduct the Hearing Examiner recruitment.

B) Authorize Chair to execute service provider agreement on behalf of the Board.

 

REASON FOR WALK ON:

 

Board directed at the April 16, 2013 meeting.

 


 

CARRY OVER AGENDA

 

1.

ACTION REQUESTED/PURPOSE:

Replace existing FIRST Incentive Award Agreement with Source Interlink Companies, Inc. with a new agreement with revised deliverables. (#20130276-ECONOMIC DEVELOPMENT)

 

FUNDING SOURCE:

 

Not applicable. No additional funds will be disbursed under the revised agreement.

 

WHAT ACTION ACCOMPLISHES:

 

Agreement revises the deliverables for job creation, average wage and caps incentive award at monies disbursed to date.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

REASON FOR CARRY OVER:

 

This item was deferred by the board for two weeks on April 9, 2013.

 

2.

ACTION REQUESTED/PURPOSE:

Authorize the Chair or Vice Chair to sign a delegating resolution in an aggregate principal amount not to exceed $45,000,000 for the authorization, execution and delivery of a Bond Purchase Agreement that meets certain specific criteria in connection with the Tourist Development Tax Revenue Bonds, Series 2013.  Authorize other approvals as necessary contained in the attached resolution. (#20130318-COUNTY MANAGER)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Allows greater flexibility in marketing the Tourist Development Tax Revenue Bonds, Series 2013 by authorizing the Bond Purchase Agreement to be signed without reconvening the Board of County Commissioners.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

REASON FOR CARRY OVER:

 

Deferred for one week at the April 16, 2013 board meeting.

 

3.

ACTION REQUESTED/PURPOSE:

a.  Approve the Spring Training Facility Funding Agreement between the State of Florida, Department of Economic Opportunity and Lee County Board of County Commissioners.  The Agreement authorizes the distribution by the State to the County of $15 Million funding over 30 years in monthly payments of $41,667.00, to defray expenses from conducting spring training baseball with the Minnesota Twins renovation.

b.  Authorize Chair to execute the Spring Training Facility Funding Agreement between State of Florida Department of Economic Opportunity (DEO) and Lee County. (#20130337-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

 

 

WHAT ACTION ACCOMPLISHES:

 

Allows the County to accept from the State $15 Million in funding over 30 years in monthly payments of $41,667.00 to defray expenses from conducting spring training baseball with the Minnesota Twins Renovation.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

REASON FOR CARRY OVER:

 

Deferred for one week at the April 16, 2013 board meeting.