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

May 14, 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 Isaac Denton, Daniels Road Baptist 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

 

Public Hearings

 

Walk-ons and Carry-overs

 

                Commissioners' Items/Committee Appointments

 

County Manager Items/County Attorney Items

 

Brief presentation by David Bennett on Courts & Corrections Planning Efforts

 

Recess until 5:05 PM

 

Reconvene – 5:05 PM Public Hearing

 

Public Presentation of Matters by Citizens

 

Adjourn

 


9:30 AM CEREMONIAL PRESENTATION

           

1.

Ceremonial presentation recognizing the Together We Mean Community Award recipient.

(#20130416-Commissioner Pendergrass)

 

2.

Ceremonial presentation recognizing Small Business Week. (#20130423-Commissioner Manning)

 

3.

Ceremonial presentation recognizing The Salvation Army Week. (#20130424-Commissioner Mann)

 


 

CONSENT AGENDA

 

1.

COUNTY ADMINISTRATION

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A.  Authorize transfer of funds from TDC Beach & Shoreline Project #401894 (Sanibel Boat Ramp Restroom) to be reallocated as follows:

$214,887 to Project #401816 (Lighthouse Restroom)

$40,000 to Project #401747 (Beach Erosion Monitoring)

$60,000 to TDC Reserves #GC5890130101.509930

B.  Authorize Chairman to execute amended interlocal agreements for the two projects that receive increased funding. (#20130347-VISITOR AND CONVENTION)

 

FUNDING SOURCE:

 

Capital improvement - Tourist Development Beach Projects:  Program-Major Maintenance: Project:  Sanibel Boat Ramp Restroom (#401894).

 

WHAT ACTION ACCOMPLISHES:

 

Reallocates TDC Beach & Shoreline Funds from the completed City of Sanibel project to others so reimbursement can occur.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

2.

COMMUNITY DEVELOPMENT

 

3.

CONSTRUCTION AND DESIGN

 

4.

COUNTY COMMISSIONERS

 

5.

COUNTY LANDS

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A) Approve Pedestrian Crossing, Installation, Maintenance and Hold Harmless Agreement for a 2,640 square foot parcel of County-owned right-of-way located between the privately-owned Harlem Heights Cultural Arts & Community Center and the County-owned Harlem Heights Community Park;

B) Authorize the Chairman on behalf of the Board to execute the Agreement;

C) Authorize the payment of necessary costs and fees to close;

D) Authorize County Lands Staff to execute and accept all documentation necessary to complete this transaction. (#20130384-COUNTY LANDS)

 

FUNDING SOURCE:

 

Fund: Transportation Trust Program: DOT Operations – Roadway Project: Recording Fees and is included in DOT’s FY 12/13 Operating Budget.

 

WHAT ACTION ACCOMPLISHES:

 

Provides pedestrian crossing for park and community center visitors to move between properties and establishes requirements for construction, maintenance, and liability.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

6.

HUMAN SERVICES

 


 

7.

INDEPENDENT

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A) Approve award of Formal Bid No. B-130198, Transmission Rebuilds for Lee Tran, to the following vendor meeting specifications: Reliable Transmission Service, Inc.; at discounts and prices as listed on the attached Lee County Tabulation sheet.

B) Approve the award of the Line Item Costs for the core charges on an as needed basis, at the prices listed on the attached Lee County Tabulation Sheet. 

C) Approve the initial term of this quote for two years.

D) Grant the Procurement Director the authority to renew this bid on an annual basis for three additional one-year periods, at the same term and conditions, if doing so is in the best interest of Lee County; and, to exercise the price revision clause as per the specifications on an as-needed-basis. 

E) Approve an estimated expenditure of approximately $25,000.00 annually for these commodities/services. (#20130372-TRANSIT)

 

FUNDING SOURCE:

 

Funds are currently budgeted, and therefore, no additional funding is required to award this bid.  Funds are budgeted annually in the Lee Tran operating budget for the purchase of rebuilt transmissions.

 

WHAT ACTION ACCOMPLISHES:

 

This action will allow Lee Tran to acquire transmission rebuilds on an as needed basis, in a cost effective, efficient, and timely manner.  This item is for the purchase of rebuilt transmissions for the 30', 35', and 40' fixed route buses.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

8.

NATURAL RESOURCES/SOLID WASTE

 

9.

PARKS AND RECREATION

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Accept a donation from the Town of Fort Myers Beach consisting of two portable restrooms to be used at Crescent Beach Family Park located on Fort Myers Beach.

B)  Adopt a Resolution accepting the donation. 

C)  Authorize the Chairman to execute all documents necessary to accept the donation, including the Bill of Sale. (#20130391-PARKS AND RECREATION)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Accepts, by Resolution, the donation of two portable restrooms from the Town of Fort Myers Beach for public use at Crescent Beach Family Park.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

A) Accept a specific purpose donation in the amount of $17,000 from the Boca Grande Women's Club Inc. to support the 2013 Boca Grande Summer Camp program. 

B) Adopt a budget amendment resolution recognizing the specific purpose donation in the amount of $17,000 and allowing for its expenditure in accordance with the donation purpose. 

(#20130380-PARKS AND RECREATION)

 

FUNDING SOURCE:

 

Fund - Donation through Unincorporated MSTU Fund; Program – Parks and Rec Operations; Project – Summer Camp.

 

WHAT ACTION ACCOMPLISHES:

 

Authorizes acceptance and expenditure of funds for the 2013 Boca Grande Summer Camp programs in accordance with the purpose of the specific donation.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

9.

PARKS AND RECREATION (Continued)

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

A)   Approve Supplemental Task Authorization (STA) No. 3 to Boylan Environmental Consultants, Inc., Contract No. 6066 under project CN-12-09 MISCELLANEOUS ENVIRONMENTAL CONSULTING (PERMITTING, MITIGATION AND MONITORING) for the project known as Charlotte Harbor Buffer Preserve Habitat and Hydrologic Enhancement in the amount of $60,000.00.

B)    Authorize the Chairman to execute STA No. 3. (#20130383-PARKS AND RECREATION)

 

FUNDING SOURCE:

 

Fund – Capital Improvement-Environmentally Sensitive Land Management; Program – Parks and Recreation Operations; Project – Charlotte Harbor Buffer Preserve.

Funds have been budgeted in the FY12-13 Conservation 20/20 Operating Budget.

 

WHAT ACTION ACCOMPLISHES:

 

Provides a Consultant for the site review, project assessment and environmental resource permitting with the South Florida Water Management District and U.S. Army Corps of Engineers regarding a Conservation 20/20 parcel located within the Charlotte Harbor Buffer Preserve.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

D)

ACTION REQUESTED/PURPOSE:

 

 

Approve the West Marsh Preserve (WMP) Land Stewardship Plan.

(#20130371-PARKS AND RECREATION)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Approval of the WMP Land Stewardship Plan establishes guidelines for restoration, management activities and public use of the Preserve.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

E)

ACTION REQUESTED/PURPOSE:

 

 

A) Approve and execute the Coastal Zone Management Program Grant Agreement pursuant to the National Oceanic and Atmospheric Administration (NOAA) Cooperative Award (Department of Environmental Protection (DEP) Agreement CM243) pertaining to a $15,000 grant for Charlotte Harbor Buffer Preserve Restoration.

B)  Approve a budget amendment in the amount of $15,000 and amend the FY 12/13 Capital Improvement Environmentally Sensitive Land Management budget accordingly.

C)  Grant the Director of Parks and Recreation the authority to execute subsequent documents pertaining to the grant award that do not serve to change the approved budgeted amount for this project.

(#20130403-PARKS AND RECREATION)

 

FUNDING SOURCE:

 

Fund-Federal Grant through Capital Improvement-Environmentally Sensitive Land Management Conservation 20/20 fund 30105; Program-National Oceanic and Atmospheric Administration (NOAA) Grant; Project-Conservation 20/20-Charlotte Harbor Buffer Preserve; Matching Funds ($45,000) will come from the Conservation 20/20 management funds budgeted in the FY 12/13 budget.

 

WHAT ACTION ACCOMPLISHES:

 

Provides partial funding for the design and permitting of restoration on a portion of the Charlotte Harbor Buffer Preserve site 262.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

9.

PARKS AND RECREATION (Continued)

 

 

F)

ACTION REQUESTED/PURPOSE:

 

 

Approve and execute a modification of the Sovereignty Submerged Land Lease #360337505 from the Board of Trustees of the Internal Improvement Trust Fund pertaining to the Pine Island Commercial Marina (PICM), which serves to convert the lease to a no fee lease and increase the square footage of the leased area. (#20130404-PARKS AND RECREATION)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Modifies the existing Submerged Land Lease supporting the Pine Island Commercial Marina to waive the annual lease fees, saving Lee County $3,775.13 (FY 12 amount paid), and increase the square footage of the  lease area, saving Lee County $3,775.13 (FY 12 amount paid), and increase the square footage of the lease area.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

10.

PUBLIC SAFETY

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A) Accept grant funds in the amount of $42,261 from the 2012 State Homeland Security Grant program as a subrecipient of the State of Florida, Department of Financial Services.  No County matching funds are required. 

B) Authorize Chair to execute the Subgrant Agreement for the benefit of the Florida Urban Search and Rescue Task Force 6, which will allow needed equipment and training to be obtained for the Urban Search and Rescue Team.

C)  Approve a Budget Amendment Resolution in the amount of $42,621 and approve expenditures in like amount pursuant to the Grant Agreement requirements. (#20130397-PUBLIC SAFETY)

 

FUNDING SOURCE:

 

Fund-State Grant through General Fund; Program –State Homeland Security Grant; Project –Urban Search & Rescue (USAR).

 

WHAT ACTION ACCOMPLISHES:

 

Provides financial support to Florida Urban Search and Rescue Task Force 6 to meet objectives contained in the State’s Domestic Security Strategy.

 

MANAGEMENT RECOMMENDATION:

 

Staff recommends approval.

 

11.

PUBLIC WORKS ADMINISTRATION

 

12.

TRANSPORTATION

 

13.

UTILITIES

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Jamaica Bay Agreement Amendment (BS 20130374/26687, SIV/SDG): Authorize Chair, on behalf of the BOCC, to execute a "Fifth Amendment to the Agreement for a Temporary, Emergency Connection for Wastewater Disposal Services" between Lee County and Jamaica Bay West Associates, Ltd. ("Jamaica Bay") for extending the temporary connection to Lee County Utilities for wastewater disposal services
through May 31, 2014. (#20130374-UTILITIES)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Continues bulk waste water treatment services to Jamaica Bay for an additional period while they resolve operational issues associated with their connection to Forest Utilities’ sewage collection system. 

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 


 

13.

UTILITIES (Continued)

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

A) APPROVE Supplemental Task Authorization (STA) No. 6, Contract No. 6055, to Johnson Engineering, Inc., under CN-12-09 MISCELLANEOUS ENVIRONMENTAL CONSULTING  (PERMITTING, MITIGATION, AND MONITORING)  for the project known as Green Meadows and Corkscrew Wellfield Monitoring 2013, in the amount of $34,740.

B) Authorize Chair to execute the Supplemental Task Authorization. (#20130379-UTILITIES)

 

FUNDING SOURCE:

 

Fund: LCU Operating; Program: Green Meadows & Corkscrew WTPs; Project: Other Professional Services.  Funds are available in the FY12-13 operating budget.

 

WHAT ACTION ACCOMPLISHES:

 

Provides environmental monitoring at both the Green Meadows and Corkscrew Wellfields to meet requirements of the Water Use Permit issued through the South Florida Water Management District.  Two field monitoring events will be conducted, and an annual report will be prepared and submitted to the South Florida Water Management District.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

A) Authorize the continued use of Project PB120114 for the purchase of Hydrogen Peroxide and Bioxide for Utilities from the awarded vendor, Siemens Water Technologies Corporation, along with the addition of the purchase of Alk-Aquit.

B) Approve an increase in the annual estimated expenditure under this project from $825,000.00 to $1,500,000.00.

C) Authorize the purchase of other chemicals included in the attached quote on an as needed basis.

D) Approve the continued piggyback on the Manatee County contract until November 30, 2013 along with any renewal periods approved by Manatee County and the awarded vendor. (#20130402-UTILITIES)

 

FUNDING SOURCE:

 

Fund-Lee County Utilities Operations; Program-Wastewater Collection; Project-Chemicals, Insecticides & Fertilizers.  Funding for this expense is available in the FY12/13 operating budget.

 

WHAT ACTION ACCOMPLISHES:

 

Allows Utilities to continue purchasing hydrogen peroxide, bioxide and alk-aquit on an as needed basis in a cost effective, efficient and timely manner from a reliable source.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

14.

COUNTY ATTORNEY

 

15.

HEARING EXAMINER

 

16.

CONSTITUTIONAL OFFICERS

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

The Lee County Sheriff's Office requests approval to submit an application for Lee County requesting funding through the Bulletproof Vest Partnership grant. (#20130408-SHERIFF)

 

FUNDING SOURCE:

 

U.S. Department of Justice, Office of Justice Programs, Bulletproof Vest Partnership / Body Armor Safety Initiative.

 

WHAT ACTION ACCOMPLISHES:

 

Federal regulations controlling the grant require BoCC authorization to apply for funding.  Authorization affords Lee County law enforcement agencies the opportunity to purchase bulletproof vests with grant funds.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

16.

CONSTITUTIONAL OFFICERS (Continued)

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Approve the Minutes for the following meetings of the Board of County Commissioners held during the week of April 29 thru May 1, 2013

April 30, 2013 (Regular)

May 1, 2013 (Lee/Hendry/Glades/SFWM\Army Corp)

(# 20130421-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. (#20130422-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

 

9.

PARKS AND RECREATION

 

10.

PUBLIC SAFETY

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

(A) Approve award of Formal Bid No. B-130045, the Purchase of 54 Panasonic Toughbook PC's for Public Safety, to the low quoter meeting specifications, CDW Government LLC, at a grand total price of $170,723.70.

(B) Approve the purchase of 54 Five Year Extended Warranty packages for the PC's at the negotiated grand total price of $34,344 under N-130109.

(C) Approve a total expenditure of $205,067.70. (#20130333-PUBLIC SAFETY)

 

FUNDING SOURCE:

 

Fund:  General Fund; Program: Public Safety Logistics; Project:  Toughbook PC’s.  Although not budgeted for this fiscal year, funds are available through cost saving measures realized by Public Safety’s partnership with LeeSar.

 

WHAT ACTION ACCOMPLISHES:

 

Allows for the replacement of field data computers utilized by EMS field and supervisor personnel.  Toughbook computers are ruggedized laptops that allow for the documentation and transmission of patient care reports utilized for billing, in-house records and mandated data reports to the Bureau of Emergency Medical Oversight.  The current software (ImageTrend) exceeds the present device capabilities, resulting in a delay of patient care report documentation in both the field and at hospitals. The existing Toughbook computers have met the effective life expectancy and replacements represent the scheduled life cycle management; which is consistent with industry standards.  Current warranties on existing Toughbooks will expire June 1, 2013.  The next scheduled replacement will be in five years.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

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

 

1.

ACTION REQUESTED/PURPOSE:

Conduct a Public Hearing to adopt a Resolution on Petition to Vacate portions of the 6-foot wide public utility easement located at 8861 Woodgate Drive, in South Fort Myers off of Winkler Road, south of Summerlin Road.

(Case No. VAC2013-00003). (#20130290-COMMUNITY DEVELOPMENT)

 

FUNDING SOURCE:

 

No funding required.

 

WHAT ACTION ACCOMPLISHES:

 

Extinguishes a portion of the public utility easement to allow for the construction of a driveway and associated 18-inch retaining wall along the eastern property line of the single family residential lot. The vacation of this easement will not alter existing drainage and utility conditions and the rights-of-way are not necessary to accommodate any future transportation, drainage and/or utility requirement.

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 

2.

ACTION REQUESTED/PURPOSE:

Conduct a Public Hearing to adopt a Resolution on Petition to Vacate a portion of the unimproved right-of-way for E. Park Way and two 20 feet wide alleys as shown on the plat of subdivision for Idalia recorded in the Public Records at Plat Book 3, Page 30 and situated in Section 22, Township 43 South, Range 26 East, Lee County, Florida. (Case No. VAC2012-00016). (#20130170-COMMUNITY DEVELOPMENT)

 

FUNDING SOURCE:

 

No funding required.

 

WHAT ACTION ACCOMPLISHES:

 

Extinguishes a portion of the right-of-way for E. Park Way and two 20 feet wide alleys to create a contiguous parcel of land for future use by Lee County. The vacation of these rights-of-way will not alter existing drainage and utility conditions and the right-of-way is not necessary to accommodate any future drainage and/or utility requirement.

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 

3.

ACTION REQUESTED/PURPOSE:

Conduct a Public Hearing to adopt a Resolution on Petition to Vacate portions of the unimproved right-of-way for Tech Road and 20' wide alley as shown on the plat of subdivision for Buckingham Park Northeast Section as recorded in Plat Book 9, Pages 59 through 65, inclusive, of the Public Records of Lee County, Florida (Case No. VAC2012-00019). (#20130066-COMMUNITY DEVELOPMENT)

 

FUNDING SOURCE:

 

No funding required.

 

WHAT ACTION ACCOMPLISHES:

 

Extinguishes the public right for ingress and/or egress over a portion of the right-of-way for Tech Road and the 20’ alley. The vacation of these rights-of-way will not alter existing drainage and utility conditions and the rights-of-way are not necessary to accommodate any future drainage and/or utility requirement. Extinguishing these road rights-of way will not result in a “land locked” condition for any of the affected properties.

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 

4.

ACTION REQUESTED/PURPOSE:

Conduct a Public Hearing to adopt a Resolution on a Petition to Vacate the public interest in a 12 foot wide Drainage and Public Utility Easement located at 2811 8th St W, Lehigh Acres, Florida (Case No VAC2012-00008). (#20130214-COMMUNITY DEVELOPMENT)

 

FUNDING SOURCE:

 

No funding required.

 

WHAT ACTION ACCOMPLISHES:

 

Extinguishes a perimeter platted utility easement on a single family residential lot, to address the encroachment of an existing concrete slab into the easement to be vacated. There are no utilities existing within the easement and the easement is not needed for future utility installations.

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 


 

9:30 AM PUBLIC HEARING (Continued)

 

5.

ACTION REQUESTED/PURPOSE:

Conduct a Public Hearing to adopt a Resolution on Petition to Vacate the 12' wide public utility easement centered on the common lot line between two platted lots under common ownership located at 2617 30th Street S.W., Lehigh Acres, Florida (Case No. VAC2013-00001). (#20130367-COMMUNITY DEVELOPMENT)

 

FUNDING SOURCE:

 

No funding required.

 

WHAT ACTION ACCOMPLISHES:

 

Extinguishes the public utilities easement between the lots allowing the two-lot site to be developed with one single family dwelling. The vacation of this easement will not alter existing drainage and utility conditions and the easement is not necessary to accommodate any future transportation, drainage and/or utility requirement.

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 


 

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 on April 23, 2013.

 

2.

ACTION REQUESTED/PURPOSE:

A) Approve and execute South Florida Water Management District Agreement No. 4600002828 providing grant funding for Bob Janes Preserve (Task 1) and Daniels Preserve at Spanish Creek (Task 2).

B) Approve budget amendment in the total amount of $205,000 ($100,000 for Bob Janes Preserve (Task 1) and $105,000 for Spanish Creek Project No. 208538 (Task 2)) for unanticipated revenues (grant funds) from the agreement.

C) Approve $100,000 transfer from Fund 30105 Cash Balance Reserves for the required grant matching funds for Bob Janes Preserve (Task 1).

D) Amend FY12/13 CIP for the Spanish Creek Project No. 208538 (Task 2) accordingly.

E) Authorize the Parks and Recreation Director to execute additional documents that do not affect the budget. (#20130376-PARKS AND RECREATION)

 

FUNDING SOURCE:

 

Fund – Environmentally Sensitive Land and Capital Improvement Fund; Program Parks and Rec Operations and Water Resources Projects; Projects – Bob Janes Preserve Restoration and Spanish Creek Restoration;

Matching funds will be available upon transfer in account no. KH5722030105.503190.309 (Task 1) and are available in account no. 2085380100.506540 in the current FY 12/13 Capital Improvement Program (Task 2).

 

WHAT ACTION ACCOMPLISHES:

 

Provides funding for partial restoration of Bob Janes Preserve and Daniels Preserve at Spanish Creek.  Once completed the project will help to restore historic flow patterns, rehydrate wetlands and enhance water quality and conservation within the northeast region of the County.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

REASON FOR CARRY OVER:

 

This item was deferred by the board on May 7, 2013.

 


 

CARRY OVER AGENDA (Continued)

 

3.

ACTION REQUESTED/PURPOSE:

Direct the proposed ordinance amending Lee County Ordinance No. 05-17 (Conservation Land Acquisition and Stewardship Advisory Committee) to one public hearing on May 28, 2013 at 9:30 am.

(#20130378-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Satisfies the statutory requirement to hold a public hearing to adopt an ordinance.   If adopted, the ordinance will amend Lee County Ordinance No. 05-17 (Conservation Land Acquisition and Stewardship Advisory Committee). The proposed amendments will implement recommendations made by the Conservation 2020 Blue Ribbon Committee, which were adopted by the Board on November 6, 2012.  The Ordinance will also amend CLASAC program criteria and rules of procedure, including the following amendments:

  • Provides CLASAC an opportunity to review and provide a recommendation to the Board concerning the negotiated purchase price and terms of purchase once the purchase price and terms of purchase of land are complete and ready for Board approval.

  • Provides considerations for the Committee when making its recommendation concerning the negotiated purchase price and terms of purchase.

  • Clarifies that property owners may donate and the County may accept donations of environmentally sensitive lands into the Conservation 20/20 Program, so long as the donated property meets the Conservation 20/20 Program criteria and the Board of County Commissioners formally accepts the donation.

  • Requires at least one state certified appraisal for properties with an asking price of $499,999 or less and no less than two state certified appraisals for property with an asking price of $500,000 or more. If there is a difference of 20% or more between the valuations provided within the two appraisals, the property must be appraised by a third state certified appraiser. 

  • Provides additional prohibitions and limitations on CLASAC members and their relatives concerning the sale of property and doing business with the County.  Restricts CLASAC members from representing property owners before the CLASAC committee.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

REASON FOR CARRY OVER:

 

This item was deferred by the board on May 7, 2013.

 


 

CARRY OVER AGENDA (Continued)

 

4.

ACTION REQUESTED/PURPOSE:

(1) Adopt a resolution to accept donation from Bruce T. Grady, as Successor Trustee, of road rights-of-way identified as a portion of Laurel Lane, Gish Lane, Case Lane, Payne Lane, Tucker Lane, Grady Drive, and Bartholomew Drive, and a portion of Baker Canal, totaling approximately +/- 41.11 acres, located in the Suncoast Estates area of North Fort Myers.

(2) Authorize the payment of necessary costs and fees to close, estimated to be $175.

(3) Authorize County Lands Staff to execute and accept all documentation necessary to complete this transaction.

(4) Approve paving designated roads in Suncoast Estates to eliminate hazards utilizing federal U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) funds received by Lee County; formal County acceptance of roadways for maintenance will occur in the future as segments are brought up to County standards.

(5) Authorize Human Services to designate a minimum of two-thirds of future CDBG funds for neighborhood infrastructure (estimated to be $400,000 per year) to the Suncoast Estates paving project.

(6) Authorize expenditure of approximately $430,000 for interim improvements to re-establish drainage features and to place millings on roadways within Suncoast Estates to stabilize them until they can be paved.

(#20130354-HUMAN SERVICES)

 

FUNDING SOURCE:

 

Item #2 ( land acquisition):  Fund - Federal Grant through Community Development Block Grant (CDBG) Construction Grant Fund; Program - HUD; Project - Suncoast Estates Paving Project; $34,789 of CDBG funds approved in the FY2012/2013 DHS budget.

Fund – Transportation Trust; Program – DOT Operations – Roadway; Project – Costs to close; $175 approved in the FY2012/2013 DOT budget.

Items #4 and #5  (construction paving): Fund- Federal Grant through Community Development Block Grant (CDBG) Construction Grant Fund; Program- HUD; Project- Suncoast Estates Paving Project;

$385,211 of CDBG funds approved in FY2012/2013 DHS budget to cover year one activities and a portion of year two activities.

CDBG funds are anticipated to be included in future years’ budgets.

Item #6 (drainage improvements and roadway stabilization): Fund- Federal Grant through Community Development Block Grant (CDBG) Construction Grant Fund; Program- HUD; Projects - Suncoast Estates Paving Project;

$250,000 of CDBG funds approved in FY2012/2013 DHS budget.

Fund – Transportation Capital Improvement; Program – Major Maintenance; Project – Road Resurfacing/Rebuild;

$180,000 of Gas Tax funds approved in the FY2012/2013 DOT budget.

Future Annual Maintenance: LCDOT Operating Budget $41,000 per year (once all segments are brought up to County standards and accepted by the BOCC)

Anticipated to be included in future years DOT budgets.

 

WHAT ACTION ACCOMPLISHES:

 

Provides authorization and mechanism for Lee County to accept the donation of land and allows the County to pave the above referenced roads in Suncoast Estates over a period of time utilizing Community Development Block Grant funds.  Ongoing maintenance of the paved roads and the canal will be the responsibility of Lee County once they are brought up to County standards and formally accepted by the County for maintenance.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

REASON FOR CARRY OVER:

 

Deferred by the board on May 7, 2013.

 


 

5:05 PM PUBLIC HEARING

 

1.

ACTION REQUESTED/PURPOSE:

Conduct first public hearing regarding an ordinance amending Lee County Land Development Code (LDC) Chapters 2, 6, 10, 12, 14, 22, 26, 30, 33, and 34; Direct the proposed ordinance to a second public hearing on May 28, 2013 at 9:30 a.m. in the Commission Chambers. The proposed Ordinance contains a combination of regular amendments as well as amendments that streamline processes and requirements.  These amendments include:

Amendments that streamline and codify process:

 o Expand authority for administrative variances to facilitate redevelopment of residential and commercial projects

 o Combine and reduce limited development order types by 50%

 o Remove required community review of limited development orders

 o Revise application requirements to eliminate obsolete and onerous submittal items

 o Revise considerations and findings for certain zoning actions to reflect current practice

 o Add more uses permitted by right and administrative approval in conventional and planned development zoning districts

 o Allow expansion of certain existing facilities via special exception in lieu of rezoning to planned development

 o Codify provisions for development of regional impact (DRI) essentially built out determination

 o Increase major planned development (DCI) thresholds

 o General housekeeping to delete excessive language, clarify requirements and create consistency between Chapters

 o Simplify procedure for updating current zoning map to allow GIS based zoning map

 o Update codification of fire safety and flood hazard reduction regulations to be consistent with State requirements

 o Expand ability to issue concurrency compliance renewals and extensions administratively

 o Add flexibility to open space, landscaping and surface water management system standards 

 o Add provisions to allow park-and-ride lots and spaces and seasonal farmers markets

(#20130389-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 is 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.

 

Public Presentation of Matters by Citizens

 

Adjourn