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

February 19, 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:

 

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

 

(INCLUDE ONLY IF 2ND OR 4TH TUESDAY) Public Presentation of Matters by Citizens

 

Adjourn


9:30 AM CEREMONIAL PRESENTATION

           

1.

Present the Paulette Burton Citizen of the Year Award. (#20130113-Public Resources)

 

2.

Present a ceremonial resolution recognizing Red Sox Spring Training. (#20130146-Commissioner Pendergrass)

 

3.

Present a ceremonial resolution recognizing Engineers Week. (#20130147-Commissioner Hall)

 

4.

Present a ceremonial resolution recognizing Black History Month. (#20130148-Commissioner Pendergrass)

 

CONSENT AGENDA

 

1.

COUNTY ADMINISTRATION

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

1)  Accept the FY 2011-2012 Indirect Cost Plan, Indirect Federal Circular A-87 Cost Plan and Impact    

    Fee Administration Cost Report as prepared by Lee County''s Indirect Cost Plan Consultant, Maguire &

    Associates.

2)  Authorize the Clerk''s Finance Department (Finance) to:

    a)        Process the indirect cost payments based on budgeted indirect cost amounts for those

        departments not required to comply with federal requirements, and except for the MSTU-Building

        Reserves Fund (Fund 15501), where the indirect cost payments are based on the plan''s

        allocations;

    b)        Process the indirect cost payments based on the plan''s actual for the three entities required

        to comply with federal regulations, and;

    c)         Direct Finance to process all charges in monthly increments but with the first increment to 

        equal five months. (#20130118-COUNTY MANAGER)

 

FUNDING SOURCE:

 

Fund – Various Department Operating Funds; Program – Various Departmental Indirect Cost’s; Project – Indirect Cost Plan.

 

WHAT ACTION ACCOMPLISHES:

 

Approves the Indirect Cost Plans and authorizes payments to reimburse the General Fund.

 

MANAGEMENT RECOMMENDATION:

 

Approve

 

2.

COMMUNITY DEVELOPMENT

 

3.

CONSTRUCTION AND DESIGN

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A) Award and authorize staff to enter into a Construction Manager (CM) Agreement for pre-construction services under RFQ130104 CONSTRUCTION MANAGEMENT SERVICES FOR IMPROVEMENTS TO THE MINNESOTA TWINS SPRING TRAINING FACILITY, to Manhattan Twins Joint Venture (a local firm), for the sum of $316,523.

B) Approve a waiver of the formal bid process (if needed) and authorize the use of the Direct Material Purchase Orders based on the provision in the CM''s Agreement that allow the County to purchase directly from suppliers of equipment and/or material as a cost/time saving measure.

C) Authorize the Chair to execute the Construction Management Agreement upon receipt.

D) Approve a Budget Resolution and a Budget Transfer in the amount of $2,200,000 from Tourist Development Excess Funds to the Twins Spring Training Facility Improvements Project and amend FY 12/13 - 16/17 CIP accordingly. (#20130140-CONSTRUCTION AND DESIGN)

 

FUNDING SOURCE:

 

Fund – Capital Improvement – Construction Twins Improvements; Program – Capital Project; Project – Twins Spring Training Facility Improvements

 

WHAT ACTION ACCOMPLISHES:

 

Provides Construction and Design Department with a source for construction management pre-construction services that will be required for the improvements to the Minnesota Twins Spring Training Facility.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

4.

COUNTY COMMISSIONERS

 

5.

COUNTY LANDS

 

6.

HUMAN SERVICES

 

7.

INDEPENDENT

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve and execute Interagency Agreements between Lee County BoCC and the Lee County Tax Collector and Lee County BoCC and the Lee County Property Appraiser for the preparation and submission of the Lee County Airport Woods Sewer MSBU, Cherry Estates CIP Road MSBU, McGregor Isles O&M Special Improvement Unit, Old Pelican Bay Dredging CIP MSBU and Port Carlos Cove Dredging MSBU Non Ad Valorem assessment rolls and their related Uniform Collection and Enforcement pursuant to Section 197.3632, Florida Statutes. (#20130013-PUBLIC RESOURCES)

 

FUNDING SOURCE:

 

Special Assessments from benefited property owners.

 

WHAT ACTION ACCOMPLISHES:

 

This establishes separate Agreements between the BoCC and the Lee County Tax Collector and Lee County Property Appraiser for the preparation and submission of certain Lee County Municipal Services Benefit Units to the Non Ad Valorem assessment rolls.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Approve the Intergovernmental Coordination and Review and Public Transportation Coordination Joint Participation Agreement, and authorize the Chair to sign the Agreement. (#20130094-TRANSIT)

 

FUNDING SOURCE:

 

N/A

 

WHAT ACTION ACCOMPLISHES:

 

The agreement provides regional intergovernmental coordination, and ensures that public transportation is part of the comprehensive planned development efforts of the Lee County metropolitan area.

 

MANAGEMENT RECOMMENDATION:

 

Approve

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

1) Approve the electronic submission of a Federal Transit Administration (FTA) 49 USC 5307 Urbanized Area Formula grant application in the amount of $2,942,714;

2) Approve the accompanying authorizing resolution; and 

3) Upon approval by the FTA, authorize the execution of the grant agreement and other documents necessary to secure the award and allow for receipt of future grant funds under this application. (#20130125-TRANSIT)

 

FUNDING SOURCE:

 

No funds required.  If approved, grant funding will be budgeted into the Transit Capital and Operating Budgets.

 

WHAT ACTION ACCOMPLISHES:

 

Allows LeeTran to apply for grant funding for transit capital improvements and equipment. If approved, allows LeeTran to program 49 USC 5307 Urbanized Area Formula grant funds in the amount of $2,942,714 for capital and operating expenses and allow for receipt of the balance of grant funds to be made available.

 

MANAGEMENT RECOMMENDATION:

 

Management recommends approval of the grant application and authorizing resolution necessary for the execution and acceptance of the grant.

 

 

D)

ACTION REQUESTED/PURPOSE:

 

 

Approve the electronic submission of Federal Transit Administration (FTA) 49 USC 5309 Discretionary Program grant application FL-04-0170 in the amount of $5,000,000.00 and the accompanying authorizing resolution. (2)  Upon approval of the application by the FTA, authorize the execution of the grant agreement and other documents necessary to secure the award. (#20130126-TRANSIT)

 

FUNDING SOURCE:

 

Fund - Federal Grant through Transit Capital Grant Fund; Program - Federal Transit Administration; Project - LeeTran's Administration, Maintenance and Operations Facility.

 

WHAT ACTION ACCOMPLISHES:

 

Upon award by the FTA, this will authorize the Board to execute the grant agreement and other documents necessary to secure and program the award of $5,000,000.

 

MANAGEMENT RECOMMENDATION:

 

Management recommends approval of the grant application and authorizing resolution necessary for the execution and acceptance of the grant.

 

 

E)

ACTION REQUESTED/PURPOSE:

 

 

(1) Approve the electronic submission of Federal Transit Administration (FTA) 49 USC 5316 Job Access Reverse Commute grant application;

(2) Approve an authorizing resolution accepting the full Fiscal Year 2012 apportionment of $190,561;   

(3) Authorize execution of the grant agreement; and

(4) Approve Budget Resolution in the amount of $190,561 (#20130127-TRANSIT)

 

FUNDING SOURCE:

 

Fund - Federal Grant through Transit Capital Grant Fund; Program - Federal Transit Administration; Project - Job Access Reverse Commute Grant Program.

 

WHAT ACTION ACCOMPLISHES:

 

Allows LeeTran to access federal grant funds apportioned annually for administration, planning and implementation of grant activities related to the FTA 49 USC 5316 Job Access Reverse Commute grant program.

 

MANAGEMENT RECOMMENDATION:

 

Approve

 

 

F)

ACTION REQUESTED/PURPOSE:

 

 

(1) Approve the electronic submission of Federal Transit Administration (FTA) 49 USC 5317 New Freedom grant application;

(2) Approve an authorizing resolution accepting the full Fiscal Year 2012 apportionment of $145,773;

(3) Authorize execution of the grant agreement; and

(4) Approve Budget Resolution in the amount of $145,773 (#20130128-TRANSIT)

 

FUNDING SOURCE:

 

Fund - Federal Grant through Transit Capital Grant Fund; Program - Federal Transit Administration; Project - New Freedom Grant Program.

 

WHAT ACTION ACCOMPLISHES:

 

Allows LeeTran to access federal grant funds apportioned annually for administration, planning and implementation of grant activities related to the FTA 49 USC 5317 New Freedom grant program.

 

MANAGEMENT RECOMMENDATION:

 

Approve

 

 

G)

ACTION REQUESTED/PURPOSE:

 

 

A) Approve  an amendment to Contract No. 5733, RFQ-11-01 LEE TRAN ADMINISTRATION, OPERATIONS AND MAINTENANCE FACILITY pertaining to construction management services to Gilbane Building Company as successor in interest to W.G. Mills, Inc. d/b/a Mills Gilbane (a local contractor), to provide the following:

    (1) A guaranteed maximum price (GMP) of $31,669,185, which includes a CM fee of $1,085,696 at 4%; a DBE/MBE/WMBE/SBE/VBE participation percentage of 27.89%; and a local participation percentage of 31.69%;

    (2) Establish the Substantial Completion date as 600 days after issuance of the Notice to Proceed; and, the Final Completion date as 630 days after the issuance of the Notice to Proceed;

    (3) Set liquidated damages at $4,500 per day;

    (4) Add the "Lee County Transit General Provisions" Document;

    (5) Add the Davis Bacon Wage Determination dated July 6, 2012 as part of the Construction Manager Agreement. 

B) Authorize the Chair to execute the Construction Management Agreement upon presentation.

C) Waive the formal bid process (if needed) and authorize Direct Material Purchase Orders based on the provisions of the CM Agreement to allow the County to purchase directly from suppliers of equipment or materials as a cost and time saving measure.

D) Grant the Transit Director and/or Construction and Design Director the authority to approve expenditures, in an amount not-to-exceed $950,000, for the purchase of miscellaneous ancillary items needed to complete the project including, but not limited to, work stations, office furniture, and project management software via the most expeditious and cost effective means available.

E) Authorize staff to pursue Leadership in Energy and Environmental Design (LEED) certification for the Lee Tran Facility Project.

F) Approve a Budget Resolution in the amount of $274,048 for a grant from the Federal Transit Authority (FTA) USC 5307; increase the Lee Tran Administration, Operations and Maintenance Project for the same amount; and amend FY 12/13 - 16/17 CIP accordingly.  This project was planned and budgeted. (#20130137-TRANSIT)

 

FUNDING SOURCE:

 

Fund – Transit SIB Loan ($9,000,000) and Transit Capital Grant ($22,669,185); Program – Capital Project; Project – Lee Tran Administration, Operations and Maintenance Facility.  Funds are currently budgeted and available.

 

WHAT ACTION ACCOMPLISHES:

 

Provides Construction Management services for the construction of an Administration Office of approximately 12,000 sq. ft., the Transportation Operations Office of approximately 18,000 sq. ft., and a Vehicle Maintenance Building of approximately 45,000 sq. ft. along with service areas for Lee Tran.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

8.

NATURAL RESOURCES/SOLID WASTE

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve resolution in support of the 16 County Ecosystem Summit legislative priorities. (#20130129-NATURAL RESOURCES)

 

FUNDING SOURCE:

 

N/A

 

WHAT ACTION ACCOMPLISHES:

 

Supports the legislative priorities of the recently held 16 County Ecosystem Summit.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

9.

PARKS AND RECREATION

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve the Second Amendment to Lease Agreement between Lee County and  Trico Shrimp Company, Inc. regarding the County owned property located at 19365 Ostego Drive at Fort Myers Beach, (fna Murphy Oil Site) to provide an early extension of the lease term (which expires February 28, 2014) for an addiitonal 20 years (beginning March 1, 2014) to facilitate Lessee's ability to finance and make agreed upon improvements and repairs to the facility. (#20130031-PARKS AND RECREATION)

 

FUNDING SOURCE:

 

N/A

 

WHAT ACTION ACCOMPLISHES:

 

Approval of the Second Amendment will serve to extend the lease agreement for an additional 20 years or until February 28, 2034 under the same terms and conditions; and, facilitate lessee’s ability to finance and make the necessary  improvements and repairs to the existing facility.

 

MANAGEMENT RECOMMENDATION:

 

Approve

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

A) Approve revisions to the conservation easement previously approved on January 31, 2012, as requested by Florida Fish & Wildlife Conservation Commission (FWC).

B) Grant a Conservation Easement (as revised) over a portion of Bowman''s Beach Park to the FWC to finalize the permitting requirements applicable to establishing a Gopher Tortoise relocation site.

C) Amend Resolution No. 12-03-01, previously approved on January 31, 2012, to provide the requested financial assurances to FWC regarding maintenance of the site in the future.

D) Approve the updated Bowman''s Beach Park Recipient Site Gopher Tortoise Habitat Management Plan dated February 2012. (#20130124-PARKS AND RECREATION)

 

FUNDING SOURCE:

 

Fund-General; Program-Parks and Recreation Operations; Project-Bowman's Beach Gopher Tortoise

 

WHAT ACTION ACCOMPLISHES:

 

Allows the County to complete permitting with the Florida Fish and Wildlife Conservation Commission to establish a portion of Bowman’s Beach Park as a gopher tortoise relocation site for non-public projects.  This will allow gopher tortoises to remain in Lee County if they must be relocated from development sites.

 

MANAGEMENT RECOMMENDATION:

 

Approve

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

A) Approve revisions to the Conservation Easement previously approved January 31, 2012, as requested by the Florida Fish and Wildlife Conservation Commission (FWC).

 

B). Grant the Conservation Easement (as revised) over the Conservation 20/20 Gator Hole Preserve to the FWC to finalize the permitting requirements applicable to establishing a gopher tortoise relocation site.

 

C). Amend Resolution 12-01-19, previously approved on January 31, 2012, to provide financial assurances to FWC regarding maintenance of the site in the future.

 

D). Approve the updated Gopher Tortoise Habitat Management Plan previously approved on January 31, 2012. (#20130132-PARKS AND RECREATION)

 

FUNDING SOURCE:

 

Fund: General Fund    Program: Major Maintenance     Project: Environmental Mitigation, funds are included in the current FY 2012/2013 operating budget.

 

 

WHAT ACTION ACCOMPLISHES:

 

Allows the County to complete permitting with the Florida Fish and Wildlife Conservation Commission to establish the Conservation 20/20 Gator Hole Preserve as a gopher tortoise relocation site for public agency capital improvement projects.  This will allow gopher tortoises to remain in Lee County if they must be relocated from a public agency development site.

 

 

MANAGEMENT RECOMMENDATION:

 

Approve

 

10.

PUBLIC SAFETY

 

11.

PUBLIC WORKS ADMINISTRATION

 

12.

TRANSPORTATION

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A) Award B-130122 COUNTY-WIDE RESURFACING ROADWAY IMPROVEMENTS FY 13 CONTRACT 1 - LEHIGH to the lowest responsive, responsible bidder meeting all bid requirements, C.W. Roberts Contracting, Inc. (a local contractor), in the not-to-exceed amount of $997,691.00 with a project completion time of 180 calendar days.

B) Grant the DOT Director discretion to approve a 10% contingency, in the amount of $99,769.10, for a total approval amount o$1,097,460.10.

C)  Authorize Chair to execute agreement upon receipt. (#20130134-TRANSPORTATION)

 

FUNDING SOURCE:

 

Fund – Transportation Capital Improvement; Program – Major Maintenance; Project – Road Resurfacing/Rebuild.  Funds are available in the FY 2012/13 CIP budget.

 

 

WHAT ACTION ACCOMPLISHES:

 

Provides a contractor for the resurfacing of 72 street segments located in Lehigh Acres.

 

MANAGEMENT RECOMMENDATION:

 

Approve

 

13.

UTILITIES

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - Harlem Heights Community Center (BS 20130098/26406, MMM/SDG):  Approve final acceptance, by Resolution and recording of one (1) utility easement, as a donation of one potable water service and one 6'''' diameter fire line, to provide potable water service and fire protection to the recently constructed ''HARLEM HEIGHTS COMMUNITY CENTER''. This is a Developer contributed asset project located the east side of Hagie Drive approximately ¼ mile south of Gladiolus Drive. (#20130098-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.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - The Preserve at Corkscrew, Phase 2C (BS 20130099/26407, THO/SDG):  Approve construction of water distribution and gravity collection systems to provide potable water service, fire protection and sanitary sewer service to ''THE PRESERVE AT CORKSCREW, PHASE 2C'', 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. (#20130099-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 - Harbour Isles Reuse Main (BS 20130119/26427, THO/SDG):  Approve final acceptance, by Resolution, as a donation of the recently constructed "HARBOUR ISLES REUSE MAIN", to provide additional reuse water service for irrigation purposes to the existing Harbour Isles residential development. This is a Developer contributed asset project located along the north side of Iona Road approximately ¼ mile west of Thornton Road. (#20130119-UTILITIES)

 

FUNDING SOURCE:

 

N/A

 

WHAT ACTION ACCOMPLISHES:

 

Provides for disposal of treated effluent reuse water from the LCU Fort Myers Beach Wastewater Treatment Plant.

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 

 

D)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - The Preserve at Corkscrew, Phase 2D (BS 20130120/26428, 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 2D'', 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. (#20130120-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.

 

 

E)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - Chico''s World Headquarter Building #10 Improvements (BS 20130082/26390, MMM/SDG):  Approve final acceptance, by Resolution and recording of one (1) utility easement, as a donation of a water main extension and one 6'''' diameter fire line, to provide potable water service and fire protection to ''CHICO''S WORLD HEADQUARTERS BUILDING #10 IMPROVEMENTS'', a recently constructed commercial building.  This is a Developer contributed asset project located along the east side of Plantation Road approximately 500'' south of Idlewild Street. (#20130082-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.

 

 

F)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - Corkscrew Road Safety Improvements a/k/a Corkscrew Utility Relocations

BS 20130085/26393, THO/SDG):  Approve final acceptance, by Resolution, as a donation of water main and force main relocations for the ''CORKSCREW ROAD SAFETY IMPROVEMENTS A/K/A CORKSCREW UTILITY RELOCATIONS'' project. This is a Lee County FDOT contributed asset project located along both sides of Corkscrew Road starting at Ben Hill Griffin Parkway east for approximately 2 miles. (#20130085-UTILITIES)

 

FUNDING SOURCE:

 

N/A

 

WHAT ACTION ACCOMPLISHES:

 

The construction of these utility relocations allowed for the construction of the roadway improvements with associated infrastructure, and complies with the Lee County Utilities Design Manual.

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 

 

G)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - Cypress Trail RV Resort, Phase 1 (BS 20130086/26394, THO/SDG):  Approve construction of a water main extension and a force main connection to provide potable water service, fire protection, and sanitary sewer service to the proposed ''CYPRESS TRAIL RV RESORT, PHASE 1''. This is a Developer contributed asset project located along the south side of Tice Street approximately 1/4 mile east of Country Lakes Drive. (#20130086-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.

 

 

H)

ACTION REQUESTED/PURPOSE:

 

 

(FGCU Easement, BS 20130088/26396, JM/SDG):  Approve acceptance of "Board of Trustees of the Internal Improvement Trust Fund of the State of Florida" (TIITF) Easement #32519 for Water and Sanitary Sewer service within the FGCU campus, authorize the Board Chair to sign the easement for this purpose and approve recording of same. (#20130088-UTILITIES)

 

FUNDING SOURCE:

 

Fund: Utilities Water/Sewer Connection Fees: Program: Capital Projects; Project: FGCU Water and FGCU Sewer.  Funds are available for recording fees in Account No. 20719748712.506820 & 20730448713.506820.

 

 

WHAT ACTION ACCOMPLISHES:

 

Enables Lee County to record an easement from Florida Gulf Coast University (FGCU) allowing Lee County Utilities to install/maintain water lines and sanitary sewer lines servicing FGCU.

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 

 

I)

ACTION REQUESTED/PURPOSE:

 

 

A) Approve negotiation N-130228, an annual contract for the purchase of maintenance, hardware, software and software upgrades, and software/hardware support from Vertex Business Services for Lee County Utilities for its Customer Information System (CIS).

B) The approval of this contract authorizes, but is not limited to, the following:

(1) The expenditure of $118,679 for support and related services in calendar year 2013.

(2) The total term of the agreement:  January 1, 2013 through March 8, 2019.

(3) The expenditure of $118,679 annually for the term of the contract; plus the funds necessary to accommodate possible annual fee increases that will not exceed 3% of the original amount each year.

C)  Approve the purchase of the following ancillary products and services from Vertex through March 8, 2019:

(1) Annual hardware maintenance for report printers - not to exceed $3,500 per year.

(2) Annual server and software operating system maintenance in years FY 17 - FY 19 - not to exceed $13,000 per year.

(3) Custom software changes that may occur due to modifications in business practices - not to exceed $25,000 per year.

(4)  The purchase of a new server, tape drive backup, console, operating software, and migration services between servers - not to exceed $95,000. (#20130123-UTILITIES)

 

FUNDING SOURCE:

 

Utilities Operating Fund; Program:  OD536104700.503490  Utilities – Customer Services, Billings & Collections (Other Contracted Services).  Funding for this service is included in the Utilities operating budget for FY 12/13.  Funding for new server and associated hardware and software will be budgeted in FY 14/15 or FY 15/16.  Utilities Operating Fund:  Program:  OD536104700.506410 Customer Services, Billings & Collections (Furniture & Equipment)

 

WHAT ACTION ACCOMPLISHES:

 

Provides Utilities with a multi-year contract with its provider of the software that is used to bill for utility services (for water, wastewater and reuse services, miscellaneous service charges), record receipt of payments, and manage uncollected amounts.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

J)

ACTION REQUESTED/PURPOSE:

 

 

A) Concur with the selection of (10) Consultants by the Competitive Negotiations Committee for CN-130074 MISCELLANEOUS UTILITY ENGINEERING DESIGN AND/OR INSPECTION SERVICES as follows: AIM Engineering & Surveying, Inc. (Lehigh Acres); Barraco and Associates, Inc.(Fort Myers); Carollo Engineers, Inc. (Sarasota); CH2M Hill (Naples); Greeley and Hansen(Fort Myers); Hole Montes, Inc.(Fort Myers); Johnson Engineering, Inc.(Fort Myers); Source, Inc.(Cape Coral); Tetra Tech, Inc.(Estero); and TKW Consulting Engineers, Inc.(Fort Myers, DBE).

B) Authorize staff to negotiate hourly rates and independent costs for a contract period of two years.

C) Authorize Chair to execute agreements upon final negotiations. (#20130138-UTILITIES)

 

FUNDING SOURCE:

 

N/A

 

WHAT ACTION ACCOMPLISHES:

 

Provides Lee County with a Consultant to provide professional consultant services including but not necessarily limited to, the following general tasks for water, sewer and reuse: Technical Studies and Reports; Engineering & Land Surveying; Subsurface Utility Excavation; Flow Analysis, Hydraulic Calculations, and Assessments; Water & Sewer Treatment Process Analysis and Assessments; Hydrogeological Services; Design, Construction Plans & Technical Specifications; Permits; Final Bidding and Construction Documents; Advisory Services during Bidding; Construction Contract Management and Services during Construction; Inspection Services, Operational trouble-shooting Services; and Record Drawing and System Start-up Services.

 

MANAGEMENT RECOMMENDATION:

 

Approve

 

14.

COUNTY ATTORNEY

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve and authorize re-allocation of previously approved State Attorney budget by moving $120,000 from line item "IT Personnel" to line item "Other Contracted Services" as detailed in attached memorandum.  Requested action simply re-orders budget priorities. (#20130117-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

No additional funding is required.

 

WHAT ACTION ACCOMPLISHES:

 

Major budget re-allocations require Board of County Commission approval.

 

MANAGEMENT RECOMMENDATION:

 

Approve re-allocation.

 

15.

HEARING EXAMINER

 

16.

CONSTITUTIONAL OFFICERS

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve Expenditures in the amount of $315,997.94 by the Lee County Sheriff's Office for FY 12/13 from revenues collected from various fees, services, etc. (see below) that were collected by the Sheriff's Office during the period of  10/1/12 through 2/5/13.  Also approve transfers within budget line items within the Sheriff's Office allocation. (#20130141-SHERIFF)

 

FUNDING SOURCE:

 

Fund--General Fund; Program—The Lee County Sheriff’s Office; Project—Revenues collected from various fees and services.

 

WHAT ACTION ACCOMPLISHES:

 

Board approval is needed to expend funds collected.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Approve Sheriff's expenditure and transfer from reserves in the LET Fund #10500 for $215,220 for prevention and education programs.  (#20130142-SHERIFF)

 

FUNDING SOURCE:

 

Law Enforcement Trust Fund Sheriff; Program—Law Enforcement Trust Sheriff; Project—Prevention and Education Programs.

 

WHAT ACTION ACCOMPLISHES:

 

Allow funds to be expended in the current fiscal year.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

Approve the Minutes for the following meetings of the Board of County Commissioners held during the week of February 4 thru February 8, 2013:  February 4, 2013 (Zoning), February 4, 2013 (Management & Planning), February 5, 2013 (Regular), January 22, 2013 (Special at Port). (#20130149-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:

 

 

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. (#20130150-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).

 

 

E)

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. (#20130151-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.

 

 

F)

ACTION REQUESTED/PURPOSE:

 

 

File and Record proof of publication of unclaimed cash bond refunds in the minutes of the County Commissioners of Lee County. (#20130152-FINANCE)

 

FUNDING SOURCE:

 

None required.

 

WHAT ACTION ACCOMPLISHES:

 

Pursuant to Chapter 116.21, Florida Statutes, notifies criminal and civil cash bond depositors of unclaimed funds held by the Clerk of Courts.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

17.

PORT AUTHORITY AND OTHER GOVERNING BOARDS

 

ADMINISTRATIVE AGENDA

 

1.

COUNTY ADMINISTRATION

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A) Concur with the Evaluation Committee's ranking of firms for project RFP P-130079 FEDERAL AVIATION REGULATION PART 135 EMERGENCY MEDICAL SERVICES AIRCRAFT OPERATIONS MANAGEMENT PROGRAM as follows:  1) Air Methods Corporation; 2) Med-Trans Corporation; 3) Tampa General Hospital/AeroMed.

B) Authorize commencement of negotiations with the number one ranked firm to provide contract terms that include, but are not limited to, the following:

    (1) A public/private partnership arrangement;

    (2) Service cost to the County of $0.00;

    (3) County remains responsible for Flight Medic personnel at a current estimated annual cost of:  $363,068 (shift coverage for four flight paramedics);

    (4) A fee schedule - currently proposed at a base of $13,504.69 per flight lift off plus $135 per mile (subject to annual adjustment);

    (5) The provision of new aircraft completely at the vendor's expense;

    (6) Hangar rental - currently proposed at $3,500 per month paid to the County;

    (7) Billing and collections the responsibility of the vendor;

    (8) Assistance with the sale of the two County-owned aircraft at the fair market values;

    (9) Anticipated contract term of one base year with the option to administratively renew for four additional one year periods.  

C) Authorize staff to negotiate a contract with the Number 1 ranked firm, Air Methods Corporation, with the understanding that the negotiated agreement will be brought back to the Board for approval. (#20130139-COUNTY MANAGER)

 

FUNDING SOURCE:

 

Contract to be negotiated and approved by the BoCC.

 

WHAT ACTION ACCOMPLISHES:

 

Provides the County with a proven and dependable FAA-regulated EMS helicopter service provider; shifts 100% of the service costs and regulatory, operational burden/risks to the service provider; allows the County to retain valuable EMS personnel in which it has a significant training investment; and, provides an income stream to offset the County’s monthly hangar rental responsibility.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

2.

COMMUNITY DEVELOPMENT

 

3.

CONSTRUCTION AND DESIGN

 

4.

COUNTY COMMISSIONERS

 

5.

COUNTY LANDS

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A) Adopt a Resolution of Exchange relating to replacement utility and bikepath/sidewalk easements, and construction of utility and sidewalk improvements by Hope Clubhouse of Southwest Florida, Inc., a Florida non-profit corporation, located on property identified as part of STRAP No. 34-45-24-00-00002.006A in South Lee County, north of Gladiolus Drive, in exchange for an existing roadway and utility easement interest held by the County by virtue of deed recorded in Official Record Book 1443, Page 541;  

 

B) Approve Agreement for Exchange of Real Estate;

 

C) Authorize Chair to execute all documents necessary to effectuate the exchange;

 

D) Authorize the Division of County Lands to handle and accept all documentation to complete this transaction. (#20130136-COUNTY LANDS)

 

FUNDING SOURCE:

 

No funds are required for this transaction.

 

WHAT ACTION ACCOMPLISHES:

 

Exchange of real property pursuant to Florida Statutes.

 

MANAGEMENT RECOMMENDATION:

 

Approve

 

6.

HUMAN SERVICES

 

7.

INDEPENDENT

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve Bid Waiver # W-130233 to waive the formal quoting process and accept three quotes obtained by Facilities Services on an informal basis for the replacement of the North Fort Myers library roof by Sutter Roofing (a local contractor) at the competitively quoted price of $121,450. (#20130133-FACILITIES SERVICES)

 

FUNDING SOURCE:

 

Fund – Lee County Libraries;  Program – Major Maintenance Project;   Project – Library Re-Roofing Project.

 

WHAT ACTION ACCOMPLISHES:

 

Allows for the replacement of the roof on the North Fort Myers Library building that is 18 years old and has exceeded its estimated useful life.  Repair of the roof will eliminate the leaking that occurs during most rain storms and ensure that the roof remains on the building during a strong storm.  Approval of the requested bid waiver will allow the repair work to be completed prior to the start of the 2013 rainy season.  (The local sub-contractors that will be utilized on this project represent 100% of all sub-contractors.)

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

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

 

9:30 AM PUBLIC HEARING

 

PUBLIC AGENDA - 5:00 PM

 

PUBLIC AGENDA - 5:05 PM

 

1.

Public Presentation of Matters by Citizens