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

March 05, 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 Matt Booher, Emmanuel 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

 

Walk-ons and Carry-overs

 

                Commissioners' Items/Committee Appointments

 

County Manager Items

 

County Attorney Items

 

Adjourn


9:30 AM CEREMONIAL PRESENTATION

           

1.

Present a ceremonial resolution recognizing National Women in Construction Week.

(#20130197-Commissioner Manning)

 


 

CONSENT AGENDA

 

1.

COUNTY ADMINISTRATION

 

2.

COMMUNITY DEVELOPMENT

 

3.

CONSTRUCTION AND DESIGN

 

4.

COUNTY COMMISSIONERS

 

5.

COUNTY LANDS

 

6.

HUMAN SERVICES

 

7.

INDEPENDENT

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

a) Approve project no. EX130251, the piggybacking on State of Florida Contract# 360-240-12-1 pertaining to Floor Coverings with Related Supplies, Equipment and Services, using the prices as stated on the Florida State Contract, through the contract expiration on March 19, 2016 and any extensions executed by the State.

b) Approve a total annual estimated expenditure for floor coverings and related supplies of $500,000. (#20130168-PROCUREMENT MANAGEMENT)

 

FUNDING SOURCE:

 

Funding will come from the individual department or division budget that will be responsible for monitoring their individual expenditures.

 

WHAT ACTION ACCOMPLISHES:

 

Allows the County to purchase flooring at a competitive price. Also provides for a wider selection of brands for many of the County’s different applications.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

(1) Adopt a resolution providing for amendments to Lee County Administrative Code (AC) 4-1 (Purchasing Policy and Procedures Manual) - Section 27:  Procurement Card Policies and Procedures - to provide for a series of minor updates and specifically amend the policies and procedures to allow increased spending limits for certain County employees.

(2) Authorize the Chair on behalf of the BOCC to execute and sign the attached Resolution.

(#20130171-PROCUREMENT MANAGEMENT)

 

FUNDING SOURCE:

 

None required.

 

WHAT ACTION ACCOMPLISHES:

 

Allows the County to substantially increase the monetary rebate (see Background) on its annual credit card spend; thus increasing a source of revenue.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

7.

INDEPENDENT (Continued)

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

Adopt budget amendment resolution in the amount of $95,700 which represents total projected revenue in FY 12-13 for the 14th annual Lee County Reading Festival to be held on March 16, 2013.  Authorize transfer of funds from Reading Festival Fund reserves in the amount of $4,000 to cover additional anticipated expenditures beyond the $95,700. (#20130175-LIBRARY)

 

FUNDING SOURCE:

 

Reading Festival related donations and Reading Festival Fund reserves.

 

WHAT ACTION ACCOMPLISHES:

 

Accepts various donations, authorizes expenditures and authorizes transfer of funds from Reading Festival Fund Reserves.

 

MANAGEMENT RECOMMENDATION:

 

 

 

8.

NATURAL RESOURCES/SOLID WASTE

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A)  Approve the award of Project # PB130222, the piggyback of the National Intergovernmental Purchasing Alliance (National IPA) contract for the purchase and distribution of 41,500 wheeled recycling carts for Solid Waste, from Toter, Inc., at the grand total price of $1,868,325 ($1,712,700 for the carts and $155,625 for assembly and distribution).

B)  Authorize the Chair to execute the accompanying quote from Toter.

C)  Approve the transfer of $1,868,325 from the Solid Waste Recycling Reserves to the Solid Waste Recycling FY13 Operating Fund. (#20130188-SOLID WASTE)

 

FUNDING SOURCE:

 

Fund - Solid Waste Recycling; Program - Environmental Services-Solid Waste Recycling; Project - Purchase and distribution of 41,500 wheeled recycling carts from Toter, Inc.

 

WHAT ACTION ACCOMPLISHES:

 

This purchase is required pursuant to the Board’s action on January 29, 2013 that changed the curbside collection procedure in franchise area 4 from bins to wheeled carts, providing larger recycling containers that are easier to use.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

9.

PARKS AND RECREATION

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve the Persimmon Ridge Preserve Land Stewardship Plan. (#20130164-PARKS AND RECREATION)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Approval of the Persimmon Ridge Preserve Land Stewardship Plan establishes guidelines for restoration, stewardship activities, and use of the Preserve.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

9.

PARKS AND RECREATION (Continued)

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Approve and execute a lease agreement between Lee County and the Nations Association Charities, Inc. regarding the use of a portion of Schandler Hall Community Park for the purpose of providing recreational programs and services to the surrounding community for a period of five years with the option to renew the Agreement for one additional five year term. (#20130173-PARKS AND RECREATION)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Allows the Nations Association Charities, Inc. to use certain the buildings at the Schandler Hall Community Park, including the community center, portable classroom, and Suarez Hall, to provide recreational and educational programs to the youth and adults in the east Fort Myers community.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

Approve Big Hickory Island Preserve Land Stewardship Plan. (#20130189-PARKS AND RECREATION)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Provides a land stewardship plan for Big Hickory Island Preserve.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

10.

PUBLIC SAFETY

 

11.

PUBLIC WORKS ADMINISTRATION

 

12.

TRANSPORTATION

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A)  Approve Change Order No. 5 with Compass Construction contract # 5129, RFQ-10-03 CONSTRUCTION MANAGER FOR CAPE CORAL AND MIDPOINT PLAZA ONE-WAY CONVERSION, in the amount of $168,826.04.

B)  Authorize Chair to execute Change Order No. 5 on behalf of the Board.

(#20130172-TRANSPORTATION)

 

FUNDING SOURCE:

 

Cape/Midpoint Surplus; Project – Capital Projects; Project – Cape/Midpoint Plaza Reconstruction.

Construction funds for this project were originally programmed in FY 2008/09 when the BOCC approved the concept of one-way tolling; these funds have been carried over to complete construction in FY 2012/13. There are funds available in the project for this change order.

 

WHAT ACTION ACCOMPLISHES:

 

Approves final change order for RFQ-10-03 and allows closeout of this Project.

 

MANAGEMENT RECOMMENDATION:

 

Approval.

 


 

13.

UTILITIES

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - The Preserve at Corkscrew, Phase 3 (BS 20130154/26462, THO/SDG):  Approve construction of water main and gravity main extensions to provide potable water service, fire protection and sanitary sewer service to ''THE PRESERVE AT CORKSCREW, PHASE 3'', 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. (#20130154-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.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Developer Contributed Asset - Miromar Lakes, The Peninsula, Phase 3 (BS 20130155/26463, THO/SDG):  Approve construction of  a water distribution and gravity collection systems serving ''THE PENINSULA, PHASE 3, AT MIROMAR LAKES'', to provide potable water service, fire protection, and sanitary sewer service to serve this phase of the proposed single-family subdivision. This is a Developer contributed asset project located at the southeast corner of Alico Road and Ben Hill Griffin Parkway. (#20130155-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.

 

14.

COUNTY ATTORNEY

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Request permission to advertise for and conduct a Public Hearing on Tuesday, March 26, 2013, at 9:30 a.m. to amend Lee County Ordinance No. 07-28, as amended by Ordinance Nos. 09-1 and 10-31, The Tourist Development Tax (TDT). (#20130183-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Allows the process for ordinance revision to go forward to Public Hearing to consider adoption.  If adopted would allow the county to receive the $500,000 per year grant (for 30 years) from the state for improvements to the Lee County Sports Complex (Minnesota Twins stadium) and use the funds to repay debt.

 

MANAGEMENT RECOMMENDATION:

 

Set Public Hearing date for Tuesday, March 26, 2013.

 

15.

HEARING EXAMINER

 


 

16.

CONSTITUTIONAL OFFICERS

 

 

A)

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. (#20130193-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).

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Approve the Minutes for the following meetings of the Board of County Commissioners held during the week of February 18 thru February 22, 2013:  February 18, 2013 (Zoning); February 18, 2013 (Budget); February 19, 2013 (Regular); February 20, 2013 (Joint with Fort Myers Beach). (#20130195-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

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Adopt a Resolution amending Lee County Administrative Code (Section 13-6 Annual Lee Plan

Amendment Procedures) to allow comprehensive plan amendments to be initiated at any time in the calendar year. (#20130185-COMMUNITY DEVELOPMENT)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Streamlines the comprehensive plan amendment process for privately initiated amendments.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

3.

CONSTRUCTION AND DESIGN

 

4.

COUNTY COMMISSIONERS

 

5.

COUNTY LANDS

 

6.

HUMAN SERVICES

 

7.

INDEPENDENT

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

(A)          Approve Bid Waiver # W-130217 to waive the formal quotation procedure and allow GIS Operations to purchase Geographic Information System (GIS) software from Environmental Systems Research Institute, Inc. (ESRI), the sole source for the software licenses and maintenance.  

(B)          Approve waiver #W-130217 for a period of 5 years.  

(C)          Approve an annual expenditure not-to-exceed $150,000 for the term of the new waiver #W-130217, which will allow for increasing yearly maintenance costs and the purchase of additional licenses to provide enhanced functionality over the next 5 years. (#20130159-GEOGRAPHIC INFORMATION SYSTEM)

 

FUNDING SOURCE:

 

Fund:  General Fund; GIS Operations.

 

WHAT ACTION ACCOMPLISHES:

 

Allows purchases of GIS software providing additional functionality needed to support and advance the Lee County GIS for internal and public access.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

8.

NATURAL RESOURCES/SOLID WASTE

 

9.

PARKS AND RECREATION

 

10.

PUBLIC SAFETY

 

11.

PUBLIC WORKS ADMINISTRATION

 


 

12.

TRANSPORTATION

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Adopt resolution amending the Summerlin Road Controlled Access Resolution No. 93-11-112 to modify an existing access point on the East side of Summerlin Road at STA 203+28; and modify the access point at STA 180+50 to coincide with improvements made during the widening of Summerlin Road (San Carlos Boulevard to Gladiolus Drive). (#20130163-TRANSPORTATION)

 

FUNDING SOURCE:

 

No funds required.

 

WHAT ACTION ACCOMPLISHES:

 

Allows for improved traffic circulation and access to Summerlin Road by reducing the amount of trips through the signalized intersections.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

13.

UTILITIES

 

14.

COUNTY ATTORNEY

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Adopt a Resolution approving the issuance by the Lee County Industrial Development Authority of its housing revenue bonds, Series 2013, in a principal amount not to exceed $49,025,000, to be issued for the benefit of 46 Pittman LLC (the "Borrower").  The Borrower will use the proceeds for the principal purposes of a 340-unit senior independent living facility. (#20130176-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

None.  The approval being requested of the Board of County Commissioners is solely to comply with federal tax laws.  Neither the County nor the Lee County Industrial Development Authority will have any economic, financial or other liability or responsibility for the bonds.

 

WHAT ACTION ACCOMPLISHES:

 

Provides Board consideration of proposed Lee County Industrial Development Authority of its private activity housing revenue bonds as required by Internal Revenue Code and Florida Statutes.  Board approval will authorize and adopt the approving Bond Issuance Resolution.

 

MANAGEMENT RECOMMENDATION:

 

Approve the adoption of the Resolution with all stated terms and conditions.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Consider settlement offer and either accept, reject or counter-offer in the whistleblower action Karl Harsh, Anthony Cira, Thomas Felde, Edward Fergason, Leonard Luersen, James Raimbeault and Kenneth Sager v. Lee County, Case No. 09CA-902, in the amount of $473,630.95 (without interest) inclusive of all attorney's fees and costs or $520,546.09 (with interest) inclusive of all attorney's fees and costs.

(#20130144-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

Fund – General Fund; Program – Non-Departmental; Project – Harsh, et al. v. Lee County Settlement.

 

WHAT ACTION ACCOMPLISHES:

 

If accepted, it settles the case, and results in the case being concluded.

 

MANAGEMENT RECOMMENDATION:

 

Reject offer that includes interest and make counter-offer that is without interest.

 

15.

HEARING EXAMINER

 

16.

CONSTITUTIONAL OFFICERS

 

17.

PORT AUTHORITY AND OTHER GOVERNING BOARDS

 


 

WALK ON AGENDA

 

1.

Ceremonial presentation to the board by William Marquardt Ph.D in celebration of Archaeology Month.

(#20130205-County Commissioners)