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                                                                                                                                       Michael D. Hunt

Interim County Manager                                                                                                                                           County Attorney

January 15, 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:  Dr. Richard Powell, McGregor 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

 

Walk-ons and Carry-overs

 

            Commissioners' Items/Committee Appointments

 

County Manager Items

 

County Attorney Items

 

Adjourn


 

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 Lee County Transit’s Revised Substance Abuse Policy.  All Federally funded transit agencies must have a current adopted Substance Abuse Policy for safety sensitive employees pursuant to 49 CFR, Part 40 and Part 655.  This revised policy brings Lee Tran into compliance with Federal regulations.

(#20121090-TRANSIT)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

This revised policy brings Lee Tran into compliance with Federal regulations.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Approve and execute revisions to the Social Security Alternative (Premier) Plan.

(#20130001-HUMAN RESOURCES)

 

FUNDING SOURCE:

 

Employee funded at 100%.

 

WHAT ACTION ACCOMPLISHES:

 

Updates MidAmerica’s Social Security Alternative Plan to conform to current IRS regulations.  There are no substantive changes to the plan that would impact the operation of the Alternative Social Security Plan.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

8.

NATURAL RESOURCES/SOLID WASTE

 

9.

PARKS AND RECREATION

 

10.

PUBLIC SAFETY

 

11.

PUBLIC WORKS ADMINISTRATION

 

12.

TRANSPORTATION

 


 

13.

UTILITIES

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Pursuant to the County’s interlocal agreement with the City of Fort Myers, approve monthly payments to the City up to the annual amount of $6,296,000 for the cost of operating Central and South Wastewater Treatment Plants. In addition, approve a $253,991.18 contribution toward the amortization of debt funded CIP projects at those plants. (#20121085-UTILITIES)

 

FUNDING SOURCE:

 

These funds have been budgeted within the Utilities FY 2012/2013 operating budget.

Fund: LCU Operating; Program – Wastewater Treatment Contract; Project – Other Contracted Services.

 

WHAT ACTION ACCOMPLISHES:

 

Authorizes Lee County Utilities to pay the City for the cost of wastewater treatment during FY 2012/2013 at two treatment plants up to $6,296,000 based on estimated flows. Authorizes $253,991.18 contribution toward the annual flat fee amortization of debt funded CIP improvements to the treatment plants.

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - Estero Court Waterline Extension (BS 20121093/24505, MMM/SDG): 

1) Approve final acceptance, by Resolution, as donation of a water main extension with all related appurtenances known as ''ESTERO COURT WATERLINE EXTENSION''; 

2) Authorize Chair, on behalf of the BOCC, to execute the Rebateable Agreement for the water main extension to be recorded in the Public Records of Lee County, Florida.  This is a Developer contributed asset project located along the east side of S. Tamiami Trail approximately ¼ mile north of Corkscrew Road. (#20121093-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 - Arca de Salvacion (BS 20121095/24507, MMM/SDG):  Approve final acceptance, by Resolution and recording of one (1) utility easement, as a donation of one 4'''' diameter fire line, to provide potable water service and fire protection to ''ARCA de SALVACION'' a recently constructed place of worship. This is a Developer contributed asset project located the northwest corner of Michigan Avenue and Markland Avenue. (#20121095-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)

 

 

D)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - Villa Palmeras (BS 20121100/24512, THO/SDG):  Approve construction of water distribution and gravity collection systems serving ''VILLA PALMERAS'', to provide potable water service, fire protection, and sanitary sewer service to this proposed residential community. This is a Developer contributed asset project located on the east side of Three Oaks Parkway approximately ¼ mile south of Corkscrew Road. (#20121100-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.

 

14.

COUNTY ATTORNEY

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Consider, approve and authorize the Chair's execution of a "Letter of Agreement" by and between Lee County, the City of Bonita Springs and Bonita Springs Utilities (BSU) to amend Section 14 of the 2002 Tri-Party Bonita Springs Utilities Franchise Agreement. (#20121131-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

No funds required.

 

WHAT ACTION ACCOMPLISHES:

 

Amends Section 14 of the Franchise Agreement to allow the City to use aid to new construction fee banking for economic development purposes.

 

MANAGEMENT RECOMMENDATION:

 

Staff recommends approval and execution of the Letter of Agreement.

 

15.

HEARING EXAMINER

 

16.

CONSTITUTIONAL OFFICERS

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve disbursement of excess funds resulting from the sale of tax deed certificates to a claimant verified and certified under Florida Statutes 197.582. (#20130014-DELINQUENT TAX)

 

FUNDING SOURCE:

 

Proceeds from a tax deed sale in excess of the taxes and/or liens owed are being held by the Board for disbursements in accord with Florida Statutes, Chapter 197.

 

WHAT ACTION ACCOMPLISHES:

 

Provides for disbursement of excess tax deed proceeds to an appropriate claimant in compliance with statutory rules and requirements.

 

MANAGEMENT RECOMMENDATION:

 

Approve disbursement to identified claimant.

 

 

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. (#20130015-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

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A) Authorize staff to take all necessary steps to file a local bill with the Lee County Legislative Delegation that provides for the composition of members of the Lee County Tourist Development Council (TDC) appointed pursuant to Section 125.0104, Florida Statutes.

B) Authorize the Chair, or his designee, to transmit the Board’s local bill request and present same to the delegation at its January 29, 2013 public hearing.

C) Direct staff to publish a notice advertising intent to seek enactment of local legislation and describing the substance of the contemplated law as soon as practicable, but in any event at least thirty (30) days prior to the first day of the regular legislative session. (#20121137-COUNTY MANAGER)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

The proposed local bill would provide that Lee County’s municipal TDC members consist of: 1) the municipality that generated the highest revenues from the tourist tax in the most recent fiscal year; and 2) another municipality serving a two (2) year term based on an established rotation.

 

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

 

15.

HEARING EXAMINER

 

16.

CONSTITUTIONAL OFFICERS

 

17.

PORT AUTHORITY AND OTHER GOVERNING BOARDS

 


 

WALK ON AGENDA

 

1.

ACTION REQUESTED/PURPOSE:

A) Select and recommend; and authorize staff to negotiate and execute a service provider agreement with the recruitment firm(s) chosen to conduct the County Manager/County Attorney recruitment.

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

(#20130039-HUMAN RESOURCES)

 

FUNDING SOURCE:

 

Fund – General Fund; Program – Non-Departmental; Project County Manager/County Attorney Recruitment.

 

WHAT ACTION ACCOMPLISHES:

 

Allows the County Manager and County Attorney recruitment process to proceed with securing a recruitment firm.

 

MANAGEMENT RECOMMENDATION:

 

Select and recommend; and authorize staff to negotiate and execute a service provider agreement with Bob Murray & Associates to conduct the County Manager and County Attorney recruitments.

 

REASON FOR WALK ON:

 

Board directed.