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 30, 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 Jeffrey DeYoe, Covenant Presbyterian 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

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Present to the Board for information and filing the Object Code #504015 Expenditure Detail Report for the first quarter of FY12-13 (January through March 2013) as required by Lee County Ordinance #90-18. (#20130352-COUNTY MANAGER)

 

FUNDING SOURCE:

 

Combination of Libraries, Parks & Recreation (Extension Services), Public Resources, Public Safety, Sustainability, Transit, and VCB.

 

WHAT ACTION ACCOMPLISHES:

 

Allows Board to monitor expenditures being made by County Departments and Divisions to this object code.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

2.

COMMUNITY DEVELOPMENT

 

3.

CONSTRUCTION AND DESIGN

 

4.

COUNTY COMMISSIONERS

 

5.

COUNTY LANDS

 

6.

HUMAN SERVICES

 

7.

INDEPENDENT

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve lease with State Representative Dane Eagle for 862 square feet of space in Suite 310 in the Cape Coral Government Complex located at 1039 S.E. 9th Place, Cape Coral, FL.  Lease term is from
January 1, 2013 to November 4, 2014 at a rate of $7.00 per square foot per year or $6,034 annually.  Upon mutual agreement between the Lessor and Lessee, this lease can be renewed under the same terms and conditions at the beginning of their new term in office. (#20130363-FACILITIES SERVICES)

 

FUNDING SOURCE:

 

Upon approval, funds will be deposited in the Facilities Services- General Fund- Building Rental account.

 

WHAT ACTION ACCOMPLISHES:

 

Allows State elected officials to be able to have a presence in Lee County for those that they represent.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Approve lease with State Representative Heather Fitzenhagen for 988 square feet of space in Suites 208 and 210 in the Old Courthouse located at 2120 Main St., Ft. Myers, FL.  Lease term is from December 1, 2012 to November 4, 2014 at a rate of $7.00 per square foot per year or $6,916 annually.  The Lessee will pay $90 per month for 3 parking spaces ($30.00 ea. space) downtown. These parking charges are not part of the rental payment.  Upon mutual agreement between the Lessor and Lessee, this lease can be renewed under the same terms and conditions at the beginning of their new term in office. (#20130364-FACILITIES SERVICES)

 

FUNDING SOURCE:

 

Upon approval, funds will be deposited in the Facilities Services- General Fund- Building Rental account.

 

WHAT ACTION ACCOMPLISHES:

 

Allows State elected officials to be able to have a presence in Lee County for those that they represent.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

7.

INDEPENDENT (Continued)

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

(A) Approve Lee County ITG negotiation N-130380 with Drisdell Consulting Services, Inc. resulting in a contract in the amount of $99,975 for the purchase of the technical implementation services necessary to upgrade the County’s Kronos Workforce Central time and attendance system software from version 5.0 to 6.3.

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

(#20130369-INFORMATION TECHNOLOGY GROUP)

 

FUNDING SOURCE:

 

The user funded ITG Fund – Other Professional Services, and is budgeted within the FY12-13 operating budget.

 

WHAT ACTION ACCOMPLISHES:

 

Provides Lee County ITG with a qualified provider to upgrade the existing Kronos time and attendance software.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

D)

ACTION REQUESTED/PURPOSE:

 

 

A) Concur with the selection of Construction Managers by the Qualification Selection Committee for RFQ130035, ANNUAL CONSTRUCTION MANAGEMENT CONTRACT, and authorize staff to negotiate on a project-by-project basis the percentage of the CM fees and the Guaranteed Maximum Price (GMP) with the following thirteen local firms:  DeAngelis Diamond Construction, Inc.; J.L. Wallace, Inc.; Compass Construction, Inc.; Karr Group, Inc. d/b/a Casey Construction; Suffolk Construction Company, Inc.; Manhattan Construction (Florida); Brooks & Freund LLC; Westco Builders of Florida, Inc.; Fowler Construction and Development, Inc.; Owen-Ames-Kimball Company; Chris-Tel Company of Southwest Florida, Inc., d/b/a Chris-Tel Construction; Gates Butz Institutional Construction LLC; and Stultz, Inc.

B) Award this contract for a period of two years.

C) Authorize Chair to execute Agreements on behalf of the Board upon receipt.

(#20130373-PROCUREMENT MANAGEMENT)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Provides the County with several Construction Managers capable of providing any and all services on an as-needed, project-by-project basis under the construction management process for projects valued from $100,000 through $1,000,000.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

8.

NATURAL RESOURCES/SOLID WASTE

 


 

9.

PARKS AND RECREATION

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A)  Approve the Second Amendment to the Bokeelia Boat Ramp Operations Agreement between Lee County and Tropic Star of Pine Island, Inc. to provide for the Maintenance and Operations of the Boat Ramp and Cottages (RFP-07-07) for an additional five year period running from 12/1/2012 through 11/30/2017.

B)  Approve an amendment to the lease Payment Provisions to provide a flat rate payment of $3200 to start with a $300 increase every three years.

C)  Grant the Parks and Recreation Director the authority to administratively renew this contract for up to two additional five year periods, for a total of 20 years ending in 2028, provided the terms and conditions of the approved Agreement, as amended by the Board, remains unchanged.

D)  Authorize the Chair to execute the Second Amendment on behalf of the Board.

(#20130349-PARKS AND RECREATION)

 

FUNDING SOURCE:

 

Revenue will be deposited into the General Fund. Revenue was budgeted for FY12-13.

 

WHAT ACTION ACCOMPLISHES:

 

Provides Lee County with an entity that will be responsible for the Maintenance and Operation of the Bokeelia Boat Ramp and Cottages under a long term lease agreement that has the potential to remain in effect until 2028.  Establishes escalating lease payments for the duration of the lease term. 

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

10.

PUBLIC SAFETY

 

11.

PUBLIC WORKS ADMINISTRATION

 

12.

TRANSPORTATION

 

13.

UTILITIES

 

14.

COUNTY ATTORNEY

 

15.

HEARING EXAMINER

 

16.

CONSTITUTIONAL OFFICERS

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Present for information purposes interim reporting on selected financial activity. (#20130385-FINANCE)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

To provide interim reporting on selected funds, revenues, and expenditures of the Lee County Board of County Commissioners. Included in this report in compliance with Chapter 218.415, Florida Statutes, Local Investment Policies, is the stated and fair market value of the investments managed by the Clerk’s Office. To include the Lee County Ordinance 02-28 activity for the Driver’s Education Safety Trust Fund.

 

MANAGEMENT RECOMMENDATION:

 

The purpose of this report is to convey to you the financial status of selected significant funds of the Lee County Board of County Commissioners, the status of specific revenues and expenditures as of the stated dates, and the market value of investments managed by the Clerk’s Office on behalf of the Board.

 


 

16.

CONSTITUTIONAL OFFICERS (Continued)

 

 

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. (#20130386-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 April 15 thru April 18, 2013:  April 15, 2013 (Zoning), April 12, 2013 (Joint BoCC/Constitutionals), April 16, 2013 (Regular). (#20130387-MINUTES)

 

FUNDING SOURCE:

 

N/A.

 

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:

 

 

Authorize Administration to pursue selection of bond counsel, preparation of a Request for Proposal (RFP) as either a bond issue or a bank loan and development of documents for the issuance of the Capital & Transportation Refunding Revenue Bonds, Series 2013.  This is to refinance bonds that were originally issued to help pay for the Midpoint Bridge. (#20130348-COUNTY MANAGER)

 

FUNDING SOURCE:

 

Bond Proceeds.

 

WHAT ACTION ACCOMPLISHES:

 

Allows for selection of bond counsel, Request for Proposal (RFP) for either bankers or underwriters and the preparation of documents for the Capital & Transportation Refunding Revenue Bonds, Series 2013. 

 

MANAGEMENT RECOMMENDATION:

 

BoCC approval is requested prior to preparation of documents.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Approve Lee County FIRST Incentive Award Agreement between Lee County Board of County Commissioners and "Project A" Company for a total award of $4,000,000.  Also, approve transfer from General Fund reserves in the amount of $4,000,000. (#20130377-ECONOMIC DEVELOPMENT)

 

FUNDING SOURCE:

 

General Fund Reserves.  To date, $17,550,000 in incentive awards have been committed, of which, $17,244,548 million has been disbursed; $7,450,000 remains of the original $25 million.

 

WHAT ACTION ACCOMPLISHES:

 

Wins the commitment of a Fortune 500 company to locate its corporate headquarters in Lee County. Their commitment includes the employment of 700 employees at an average wage of $102,000 excluding benefits. The company will construct and equip a 300,000 sq. ft. headquarters office building at a total estimated cost of $68,750,000.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

2.

COMMUNITY DEVELOPMENT

 

3.

CONSTRUCTION AND DESIGN

 

4.

COUNTY COMMISSIONERS

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

a. Approve Interim County Attorney Agreement with Andrea R. Fraser.

b. Authorize the Chair's execution of Agreement. (#20130382-COUNTY COMMISSIONERS)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Provides an Interim County Attorney for the Board's legal needs until such time as the next County Attorney is selected by the Board.    

 

MANAGEMENT RECOMMENDATION:

 

 

 

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