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 09, 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 Tom Willetts, Good Shepherd United Methodist 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

 

Public Presentation of Matters by Citizens

 

Adjourn


9:30 AM CEREMONIAL PRESENTATION

           

1.

Ceremonial presentation recognizing Child Abuse Prevention Month. (#20130309-Commissioner Pendergrass)

 

2.

Ceremonial presentation recognizing Distracted Driving Awareness. (#20130311-Commissioner Mann)

 


 

CONSENT AGENDA

 

1.

COUNTY ADMINISTRATION

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve budget amendment resolution to allocate excess fund balance and appropriate budget for operational, CIP & major maintenance and grant carryovers; and amend FY 12/13 -16/17 CIP accordingly.

Approve transfers of funds from reserves and interfund transfers, if necessary, to cover carryover needs. (#20130296-BUDGET SERVICES)

 

FUNDING SOURCE:

 

Various funds based on fund balance adjustments and/or transfers from Reserves.

 

WHAT ACTION ACCOMPLISHES:

 

Adjusts budgeted fund balances to reflect final audited actual balances for those funds for which a budget carryover is requested, and also to provide budget to meet the carryover recommendations.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

2.

COMMUNITY DEVELOPMENT

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Extend contract C-6017 from April 10, 2013 to April 10, 2014; the contract is for repairs to a historic home in Northeast Lee County.  Funds were awarded through the Historic Preservation Assistance Program. (#20130293-COMMUNITY DEVELOPMENT)

 

FUNDING SOURCE:

 

No additional funds required (funding in existing budget).  Unincorporated MSTU Fund:  Community Development, Planning, Historic Preservation.

 

WHAT ACTION ACCOMPLISHES:

 

Provides additional time to complete the project.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

3.

CONSTRUCTION AND DESIGN

 

4.

COUNTY COMMISSIONERS

 

5.

COUNTY LANDS

 

6.

HUMAN SERVICES

 

7.

INDEPENDENT

 

8.

NATURAL RESOURCES/SOLID WASTE

 


 

9.

PARKS AND RECREATION

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

(A) Approve award of Formal Quotation No. B-130194, Athletic Turf - Maintenance and Reconstruction for the Department of Parks and Recreation, to the sole quoter meeting specifications, JSM Services Inc., at the prices listed on the attached Lee County Tabulation Sheet including Options A - N for a period of one-year with the option to renew for four additional one-year periods.

(B) Grant the Procurement Director the authority to renew this quote for four additional one-year periods under the same terms and conditions (i.e. Price, delivery, compliance with County procurement provisions), if in the best interest of Lee County.

(C) Grant the Procurement Director the authority to exercise the Consumer Price Index (CPI) adjustment clause as per the bid specifications if doing so is in the best interest of Lee County.

 (D) Grant the Procurement Director the authority to negotiate the price of new Athletic Turf products that may become available and beneficial to the County during the term of this quote.

 (E) Approve an estimated annual expenditure for turf maintenance and reconstruction in the amount of

 $ 1,600,000. (#20130248-PARKS AND RECREATION)

 

FUNDING SOURCE:

 

Fund-General and MSTU; Program-Parks and Recreation Operations; Project-various county ball field sites. Funding is included in FY12-13 operating budget.  

 

WHAT ACTION ACCOMPLISHES:

 

Provides Parks and Recreation with an excellent source for Turf maintenance and reconstruction at the same prices previously provided by this vendor through Q-070195.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

10.

PUBLIC SAFETY

 

11.

PUBLIC WORKS ADMINISTRATION

 

12.

TRANSPORTATION

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Accept a non-exclusive perpetual right-of-way easement grant for a bikeway/pedestrian way constructed as part of the Chico's Internal Access/Parking Improvements, DOS#2010-00006 on Plantation Road in East Lee County. (#20130258-TRANSPORTATION)

 

FUNDING SOURCE:

 

Fund - Transportation Trust; Program - Transportation Operations - Roadway Maintenance. For future maintenance once the asset is contributed to Lee County.

 

WHAT ACTION ACCOMPLISHES:

 

Allows the County perpetual use of a sidewalk constructed as a requirement per the Land Development Code No. 256 and provides for the maintenance of the facility by Lee County DOT.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Accept deeded right-of-way of 1435.09 Square Feet for turn lane road improvements constructed as part of the Chico's Internal Access/Parking Improvements, DOS#2010-00006, located on Plantation Road in Lee County. (#20130259-TRANSPORTATION)

 

FUNDING SOURCE:

 

Fund - Transportation Trust; Program - Transportation Operations - Roadway Maintenance. For future maintenance once the asset is contributed to Lee County.

 

WHAT ACTION ACCOMPLISHES:

 

Grants right-of-way for a constructed turn lane to the County as required by DOS#2010-00006.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

12.

TRANSPORTATION (Continued)

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

Accept Landscape Installation and Maintenance Agreement for landscape improvements within a Lee County D.O.T. Ditch Area that is located in the upper portion of the back slope adjacent to the Villa Palmeras @ Three Oaks Parkway parcel (Strap # 35-46-25-0000000.0030), DOS#2012-00022 in south Lee County. (#20130263-TRANSPORTATION)

 

FUNDING SOURCE:

 

No Funds Required. Installation and maintenance to be paid for by Midtowne Estero, LLC.

 

WHAT ACTION ACCOMPLISHES:

 

The Agreement with the County allows the Developer to install and provide for the maintenance of the landscape improvements located within a County-Maintained area.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

D)

ACTION REQUESTED/PURPOSE:

 

 

Authorize the Chair to execute the attached Termination Agreement with the Florida Department of Transportation. (#20130282-TRANSPORTATION)

 

FUNDING SOURCE:

 

No funds required.

 

WHAT ACTION ACCOMPLISHES:

 

Terminates the Locally Funded Agreement between FDOT and the County for Sunguide software services.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

E)

ACTION REQUESTED/PURPOSE:

 

 

Approve resolution authorizing the Chair to execute the attached Locally Funded Agreement with the Florida Department of Transportation for the installation of a traffic signal at Briarcliff Road and Michael G. Rippe Parkway. (#20130283-TRANSPORTATION)

 

FUNDING SOURCE:

 

Fund – Transportation Capital Improvement; Program – Capital Projects; Project – Briarcliff/Rippe Signalization. A portion of the funds are available in the current FY 2012/13 CIP with the remaining funds programmed in the FY 2013/14 CIP. Payment to FDOT won’t be required until after October 1, 2013.

 

WHAT ACTION ACCOMPLISHES:

 

Executes a Locally Funded Agreement where Lee County agrees to pay $225,000 for the installation of a new signal at Briarcliff Road and Michael G. Rippe Parkway.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

13.

UTILITIES

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - Hope International Missions, Phase 1 (BS 20130265/26575, MMM/SDG):  Approve final acceptance, by Resolution and recording of one (1) utility easement, as a donation of  water and gravity main extensions, to provide potable water service, fire protection, and  sanitary sewer service to ''HOPE INTERNATIONAL MISSIONS, PHASE 1'', a recently constructed place of worship.  This is a Developer contributed asset project located on the northeast corner of Nuna and Glenwood Avenues. (#20130265-UTILITIES)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Provides adequate utility infrastructure to support redevelopment 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 - Reserve at Estero, Phase 3 (BS 20130267/26577, MMM/SDG):  Approve final acceptance, by Resolution, as a donation of relocated potable water and sanitary sewer service to provide potable water service and sanitary sewer service to the re-platted lots within ''RESERVE AT ESTERO, PHASE 3''. This is a Developer Contributed asset project located along the north side of Estero Parkway approximately 1 mile east of U.S. 41 South. (#20130267-UTILITIES)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

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

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - Verandah - Fairway Cove (BS 20130269/26579, MMM/SDG):  Approve final acceptance, by Resolution, as a donation of relocated and additional potable water and sanitary sewer services, to provide potable water service and sanitary sewer service to the re-platted lots within ''VERANDAH - FAIRWAY COVE''.  This is a Developer Contributed asset project located on the south side of State Road 80, approximately ½ mile east of State Road 31. (#20130269-UTILITIES)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

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

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 

14.

COUNTY ATTORNEY

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

(a) Approve waiver of penalty accrued against account number 25-44-25-P2-00301-00CE for Colonial Road Extension Improvement Special District assessment.

(b) Authorize chair to execute Satisfaction of Lien after payment of $50,533.56 is made.

(#20130274-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Approves waiver of penalties assessed against property owned by Olympia Pointe Community Association in the amount of $24,138.60.  The Property owner will pay $50,533.56 in full satisfaction for assessments charged in accordance with Ordinance No: 90-08.

 

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. (#20130312-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 25 thru March 29, 2013:  March 26, 2013 (Regular Meeting). (#20130313-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:

 

 

Adopt resolution creating a Special Advisory Committee to solicit, review and recommend projects for funding under the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012 (RESTORE Act). (#20130285-COUNTY MANAGER)

 

FUNDING SOURCE:

 

Staff liaison and support costs will be covered by current personnel salaries. Additional funding needs are unknown at this time.

 

WHAT ACTION ACCOMPLISHES:

 

Creates the Lee County RESTORE Act Advisory Committee; establishes the Committee’s purpose; provides for appointment of members; and outlines the duties and responsibilities of the Committee.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

B)

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.

 

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

 


 

14.

COUNTY ATTORNEY

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

a. Accept and approve the Settlement Agreement in the case of United States of America (Leonides Sepulveda, Marco Ferreira, and Eduardo Rivera), v. Lee County, Civil Action  No. 2:12-cv-67-FtM-29SPC, United States District Court, Middle District of Florida, Fort Myers Division in the amount of $292,500 including fees and costs.

b. Authorize Chair to execute Settlement Agreement on behalf of Lee County Board of County Commissioners. (#20130273-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

Fund – General Fund; Program – Non-Departmental; Project – DOJ Lawsuit. Settlement funds are not included in the approved budget. In lieu of transferring funds from reserves to cover settlement costs, excess budgeted funds for Medicaid will be used.

 

WHAT ACTION ACCOMPLISHES:

 

Settles litigation case.  As part of the settlement revisions will be made to the County’s Discrimination Policy, which will require Lee County to provide mandatory training regarding race and national origin discrimination; and provides that Lee County shall retain all records relating to complaints or charges of employment discrimination based on race or nation origin made against the County or its employees.

 

MANAGEMENT RECOMMENDATION:

 

 

 

15.

HEARING EXAMINER

 

16.

CONSTITUTIONAL OFFICERS

 

17.

PORT AUTHORITY AND OTHER GOVERNING BOARDS