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


Roger Desjarlais                                                                                                                                    Andrea R. Fraser

County Manager                                                                                                                                            Interim County Attorney

August 20, 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. 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

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve budget amendment resolution amending the Fleet Management - Vehicle & Equipment Maintenance FY12/13 operating budget for $460,190, which includes a $272,248 transfer from Fleet’s operational reserves. (#20130685-COUNTY MANAGER)

 

FUNDING SOURCE:

 

Fund - Vehicle & Equipment Maintenance; Program – Fleet Management; Project – Fuel.

 

WHAT ACTION ACCOMPLISHES:

 

Adjusts Fleet’s budget in order to provide adequate budget authority for the remainder of FY13 fuel purchases.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

2.

COMMUNITY DEVELOPMENT

 

3.

CONSTRUCTION AND DESIGN

 

4.

COUNTY COMMISSIONERS

 

5.

COUNTY LANDS

 

6.

HUMAN SERVICES

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

(1) Approve submission of Request of Funds and Environmental Certification of the US Department of Housing and Urban Development (HUD) for Community Development Block Grant (CDBG), HOME Investment Partnership Program (HOME), and Emergency Solutions Grant (ESG) funds for Housing and Public Facilities/Improvements; (2) Authorize Chair to sign attached Request for Release of Funds and Environmental Certification forms. (#20130654-HUMAN SERVICES)

 

FUNDING SOURCE:

 

None required.

 

WHAT ACTION ACCOMPLISHES:

 

HUD requires signature and submission of these forms to receive federal funds. Submission will result in written authorization from HUD for Lee County to receive and use identified funds. 

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

7.

INDEPENDENT

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A)  Approve PB130540, the utilization of the City and County of Denver, Colorado, Contract No. 08-1153 through the U.S. Communities Government Purchasing Alliance, for the utilization of elevator maintenance services from Kone, Inc.  The term of the agreement will be through December 31, 2013.

B) Approve an annual estimated expenditure of approximately $220,000.00.

C)  Grant the Procurement Director the authority to renew/extend utilization of elevator maintenance services with Kone, Inc. under PB130540, if the City and County of Denver, Colorado extends the master agreement for Contract No. 08-1153. (#20130680-FACILITIES SERVICES)

 

FUNDING SOURCE:

 

Funding will be available from the individual department or division’s budget.

 

WHAT ACTION ACCOMPLISHES:

 

Allows the County to continue using Kone, Inc. for elevator maintenance and benefit from the advantageous elevator maintenance pricing and services that have been obtained through the U.S. Communities Government Purchasing Alliance competitive bid process.   

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

 

 

7.

INDEPENDENT (Continued)

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Verizon Wireless is a provider to the County of a variety of wireless connectivity services.  This includes our entire inventory of Apple iPads; air cards for laptop computers; cell phones; and other devices essential to everyday operations.  Collectively, the expenditure for these services has exceeded $100,000 annually; therefore Board approval is requested for the following:

(A) Approve Project # EX130529 for the annual expenditure of $100,000 via Florida State Contract No. 10/11-008C for the purchase of County-wide connectivity services for air cards and Mi-Fi devices from Verizon Wireless.

(B) Approve Project # EX130530 for the annual expenditure of $125,000 via Florida State Contract No. 10/11-008C for the purchase of County-wide connectivity services for tablet devices from Verizon Wireless.

(C) Approve Project # EX130531 for the annual expenditure of $75,000 via Florida State Contract No. 10/11-008C for the purchase of County-wide connectivity services for modems and telemetry devices from Verizon Wireless.

(D) Approve Project # EX130532 for the annual expenditure of $125,000 via Florida State Contract No. 10/11-008C for the purchase of County-wide connectivity for cellular telephone devices from Verizon Wireless.

(E) Allow the use of Florida State Contract No. 10/11-008C for these services through its current expiration date of 1/19/17; and grant permission to continue to utilize this contract for any additional renewal periods between the State and the awarded vendor.

(F) Approve an estimated annual total expenditure for all connectivity services of $425,000.

(G) Authorize the Chair on behalf of the Board to execute any contracts and agreements that may be required by the terms and conditions of Florida State Contract No. 10/11-008C for the provision of these connectivity services. (#20130620-PROCUREMENT MANAGEMENT)

 

FUNDING SOURCE:

 

Funding will be available from the individual department or division’s budget.

 

WHAT ACTION ACCOMPLISHES:

 

Provides the County with a reliable vendor to obtain a suite of necessary wireless communication services in a cost effective, efficient and timely manner.

 

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

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Request Board approval for extension of the 2013 tax roll by the Property Appraiser to the Tax Collector prior to completion of the Value Adjustment Board hearings, pursuant to Florida Statute 197.323. (#20130692-TAX COLLECTOR)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Allows the Tax Collector to mail 2013 tax notices on or before November 1, 2013; to collect and distribute tax revenue to taxing authorities before completion of the Value Adjustment Board hearings.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

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. (#20130694-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 August 5 thru August 9, 2013.

August 5, 2013 (Zoning), August 6, 2013 (Regular), August 8, 2013 (Hearing Examiner Finalists) (#20130700-MINUTES)

 

FUNDING SOURCE:

 

Not Applicable.

 

WHAT ACTION ACCOMPLISHES:

 

Approval of the Board Minutes, pursuant to Florida Statute 286.011.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

17.

PORT AUTHORITY AND OTHER GOVERNING BOARDS

 


 

ADMINISTRATIVE AGENDA

 

1.

COUNTY ADMINISTRATION

 

2.

COMMUNITY DEVELOPMENT

 

3.

CONSTRUCTION AND DESIGN

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

(A) Approve a Construction Management Agreement for Phase IA under RFQ130104 CONSTRUCTION MANAGEMENT SERVICES FOR IMPROVEMENTS TO THE MINNESOTA TWINS SPRING TRAINING FACILITY, to Manhattan Twins A Joint Venture (a local firm), for the Guaranteed Maximum Price (GMP) of $9,109,096 (includes CM Fee of $385,937 or 4.75%).

(B) Approve a waiver of the formal procurement process (if needed) and authorize the use of the Direct Material Purchase Orders in accordance with the terms of the CM agreement, which allows 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.

(#20130688-CONSTRUCTION AND DESIGN)

 

FUNDING SOURCE:

 

Fund – Tourist Development Tax Revenue Bonds 2013; Program – Capital Project; Project – Twin Spring Training Improvements. This project was planned and is included in the FY 12/13 CIP budget.

 

WHAT ACTION ACCOMPLISHES:

 

Provides construction management services for Phase IA improvements to the Twins Spring Training Facility which includes site work, and foundations for the player academy, 360 degree boardwalk and the minor league clubhouse. 

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

4.

COUNTY COMMISSIONERS

 

5.

COUNTY LANDS

 

6.

HUMAN SERVICES

 

7.

INDEPENDENT

 

8.

NATURAL RESOURCES/SOLID WASTE

 

9.

PARKS AND RECREATION

 

10.

PUBLIC SAFETY

 

11.

PUBLIC WORKS ADMINISTRATION

 

12.

TRANSPORTATION

 

13.

UTILITIES

 


 

14.

COUNTY ATTORNEY

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve settlement in the pending case of David Wheaton, Christopher Sutton, and Eileen Briscoe v. Lee County, Case No. 2:12-cv-327-SPC-DNF, United States District Court, in the amount of $67,000, inclusive of attorney’s fees and costs. (#20130690-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

Fund: General Fund; Program: Public Safety EMS.

 

WHAT ACTION ACCOMPLISHES:

 

Resolves all claims and closes the case.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Approve negotiated settlement in the condemnation case: Lee County v. William G. Sander, (Case Number: 12-CA-1553), Parcel 10 PUE (Perpetual Utility Easement) for the San Carlos Force Main Project number 7320.  As settlement of the case, the County will voluntarily dismiss the case and return the PUE acquired through the Order of Taking.  The County will pay the attorney's fees in the amount of $2,588.25.  Authorize Chairman to execute the attached Release of Easement. (#20130684-COUNTY ATTORNEY).

 

FUNDING SOURCE:

 

Fund:  Utilities Rehabilitation & Replacements; Program:  Utilities Capital Projects; Project:  San Carlos Force Main (Main Street - Hurricane Pass) (This project was initially funded in the FY’ 10/11 CIP Budget and has been carried over/rebudgeted since then.  Easement acquisitions have been ongoing and an emergency force main replacement on South Street has been installed in-house.)

 

WHAT ACTION ACCOMPLISHES:

 

Ends litigation in Lee County v. William G. Sander, (Case Number: 12-CA-1553), Releases PUE 10 to the property owner, and settles claims for attorney’s fees for $2,588.25.  There are no expert witness costs.

 

MANAGEMENT RECOMMENDATION:

 

Approve Settlement Amount.

 

15.

HEARING EXAMINER

 

16.

CONSTITUTIONAL OFFICERS

 

17.

PORT AUTHORITY AND OTHER GOVERNING BOARDS