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 12, 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:  Reverend Phil Schlaefer, Unity Church of Bonita Springs

 

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

 

Recess until 5:00 PM


9:30 AM CEREMONIAL PRESENTATION

           

1.

Present 2012 Candy Pittro Award and acknowledge nominees. (#20130017-Human Resources)

 


 

CONSENT AGENDA

 

1.

COUNTY ADMINISTRATION

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

 A) Concur with the ranking of the Qualifications Committee on project RFQ-12-05 Lee Energy Efficiency

Finance (LEEF) Program as follows:

          Number 1 - Ygrene Energy Fund Florida LLC, Number 2 - EcoCity Partners.

B)  Authorize negotiations with the number one ranked firm. The negotiated agreement will be brought back to the Board for approval. (#20130112-COUNTY MANAGER)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Provides an experienced and qualified firm to provide and implement the Lee Energy Efficiency Finance (LEEF) Program.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

2.

COMMUNITY DEVELOPMENT

 

3.

CONSTRUCTION AND DESIGN

 

4.

COUNTY COMMISSIONERS

 

5.

COUNTY LANDS

 

6.

HUMAN SERVICES

 

7.

INDEPENDENT

 

8.

NATURAL RESOURCES/SOLID WASTE

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve the award of Project # PB130222, the purchase of one 2013 Volvo L70G Wheel Loader for Solid Waste, from Flagler Construction Equipment, LLC (a local vendor), at the Florida Sheriff's Association Bid price of $176,640. (#20130101-SOLID WASTE)

 

FUNDING SOURCE:

 

Fund - Solid Waste System-Ops; Program - Lee/Hendry Landfill; Project - Wheel Loader.

 

WHAT ACTION ACCOMPLISHES:

 

This purchase is budgeted for FY 13 and allows the Solid Waste Division to continue to provide uninterrupted solid waste services.  It provides the necessary equipment required to support an aging Solid Waste fleet.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

9.

PARKS AND RECREATION

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Initiate a rezoning of the Alva Boat Ramp (strap #22-43-27-01-00006.0080) from Two Family Conservation District (TCF-2) to Community Facilities (CF-3) to facilitate redevelopment consistent with Lee Plan Policy 26.3.4. (#20130109-PARKS AND RECREATION)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Rezones the Alva Boat Ramp Park property to the CF-3 zoning district recognizing the existing and anticipated future use of the parcel.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

10.

PUBLIC SAFETY

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A) Find that the issuance of a Certificate of Public Convenience and Necessity (COPCN) to San Carlos Park Fire Protection and Rescue Service District satisfies the standards set forth in Lee County Ordinance 08-16.

B) Chairman to approve renewal of a COPCN to the San Carlos Park Fire Protection and Rescue Service District to conduct advance life support (ALS) non-transport service and emergency medical care. (#20130087-PUBLIC SAFETY)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Provides the San Carlos Park Fire Protection and Rescue Service District with the necessary COPCN to satisfy the statutory renewal requirements applicable to the District’s non-transport license that expires on March 31, 2013.  Grant of the COPCN will allow the District to continue operating as an ALS non-transport service provider in accordance with State law for two additional years.

 

MANAGEMENT RECOMMENDATION:

 

Management recommends approval.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Approve an Interlocal Agreement between Lee County and Collier County pertaining to the short term loan of a  Helicopter Tug and Platform (Equipment) owned by Lee County.  The agreement will remain in effect for 90 days after the Equipment is picked up by Collier County unless terminated as provided in this agreement, and may be extended for two additional 90 day terms based upon the written approval of the Lee County Public Safety Director.  Lee County is agreeing to loan the Equipment at no cost to Collier County for the term of this agreement. (#20130089-PUBLIC SAFETY)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Allows Collier County use of the Lee County Helicopter Tug and Platform (Equipment) in order to safely move the Collier County MedFlight1 helicopter in/out of the hangar facility to facilitate emergency calls of the helicopter for life and safety purposes.  Collier County has requested this short term loan to cover the time period necessary for Collier County to obtain a new Helicopter Tug.

 

MANAGEMENT RECOMMENDATION:

 

Staff recommends approval.

 


 

10.

PUBLIC SAFETY (Continued)

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

A) Find that issuance of a Certificate of Public Convenience and Necessity (COPCN) to Lehigh Acres Fire Control and Rescue District (District) satisfies the standards set forth in Lee County Ordinance 08-16.           

B) Approve renewal of a COPCN to the Lehigh Acres Fire Control and Rescue District to conduct Advance Life Support (ALS) transport service and emergency medical care. (#20130070-PUBLIC SAFETY)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Provides the District with the necessary COPCN to satisfy the statutory renewal requirements applicable to the District’s transport license that expires on March 30, 2013.  Grant of the COPCN will allow the District to continue operating as an ALS transport service in accordance with State law for an additional two years.

 

MANAGEMENT RECOMMENDATION:

 

Management recommends approval.

 

 

 

D)

ACTION REQUESTED/PURPOSE:

 

 

A) Find that the issuance of a Certificate of Public Convenience and Necessity (COPCN) to Lee County Emergency Medical Services (Lee County EMS) satisfies the standards set forth in Lee County Ordinance 08-16.

B) Approve renewal of a two-year COPCN for Lee County EMS to continue providing Advance Life Support (ALS) transport service emergency and non-emergency medical care without interruption to the citizens and visitors of Lee County. (#20130083-PUBLIC SAFETY)

 

FUNDING SOURCE:

 

N/A

 

WHAT ACTION ACCOMPLISHES:

 

Provides Lee County EMS with the necessary COPCN to satisfy the statutory renewal requirements applicable to the Lee County EMS transport license that expires on April 10, 2013.  Grant of the COPCN will allow Lee County EMS to continue operating as an Advanced Life Support (ALS) Ambulance Provider in compliance with State law for two additional years. 

 

MANAGEMENT RECOMMENDATION:

 

Approve

 

11.

PUBLIC WORKS ADMINISTRATION

 

12.

TRANSPORTATION

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve award of Project No. PB130090, the piggyback of the City of Tallahassee Purchase Contract # 1619, for the lease of an Elgin Eagle Mechanical Street Sweeper for DOT Operations from Environmental Products of Florida. This is a four year turnkey lease, which includes on-site service and maintenance, for the annual amount of $54,979.59 to be paid in advance. Total expense for the four years is $287,418.36. Also, please authorize the Board Chairman on behalf of the BOCC to execute and sign the accompanying applications and any future contracts. (#20130092-TRANSPORTATION)

 

FUNDING SOURCE:

 

Fund-Transportation Trust; Program-DOT Operations Roadway; Project-Lease.

Funds for this lease are included in the FY 2012/13 budget.

 

WHAT ACTION ACCOMPLISHES:

 

DOT Operations the use of a sweeper to keep Lee County roads clean, along with a service contract to keep the sweeper functional. 

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

12.

TRANSPORTATION (Continued)

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

A)  Approve Supplemental Task Authorization No. 2 under CN-12-13 MISCELLANEOUS PROFESSIONAL SERVICES to David Douglas Associates, Inc., (a local firm) Contract No. 6195, for the project known as Gunnery Road and 8th Street SW in the not-to-exceed amount of $157,375.96.

B)   Authorize Chair on behalf of the Board to execute the Supplemental Task Authorization.

C)   Grant the Lee County DOT Director the discretion to approve expenditures for contingencies and other incidental project costs in the amount not to exceed $15,738. (#20130077-TRANSPORTATION)

 

FUNDING SOURCE:

 

Fund – Transportation Capital Improvement; Program – Major Maintenance; Project – Master Signal (Major Intersections).  This specific intersection at Gunnery Road and 8th Street SW is funded within a larger major intersections project, Master Signal Project, which was budgeted with a total of $1.5 million for FY 2012/13.

 

WHAT ACTION ACCOMPLISHES:

 

Provides a Consultant for Engineering services for the design, plans preparation, and permitting of intersection and turn lane improvements at Gunnery Road and 8th Street SW.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

Accept a non-exclusive perpetual right-of-way easement grant for a bikeway/pedestrian way constructed as part of the Hope International Missions, DOS 2009-00013, on Glenwood Avenue and Nuna Avenue in Lee County. (#20130084-TRANSPORTATION)

 

FUNDING SOURCE:

 

Fund – Transportation Trust; Program – Transportation Operations – Roadway Maintenance. Funds for maintenance are included in DOT's FY 2012/13 budget.

 

WHAT ACTION ACCOMPLISHES:

 

Allows the County perpetual use of a sidewalk constructed as a requirement per the Land Development Code No. 10-256 and provides for the maintenance of the facility by Lee County DOT.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

13.

UTILITIES

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A) APPROVE Supplemental Task Authorization (STA) No. 5, Contract No. 6055, to Johnson Engineering, Inc., under CN-12-09 MISCELLANEOUS ENVIRONMENTAL CONSULTING  (PERMITTING, MITIGATION, AND MONITORING)  for the project known as Pinewoods Wellfield Permitting Environmental Resource Permit Modification, in the amount of $3,600.

B) Authorize Chair to execute the Supplemental Task Authorization. (#20130093-UTILITIES)

 

FUNDING SOURCE:

 

Fund – Capital Improvements; Program: Capital Projects; Project:  Pinewoods Wellfield Electrical Improvements   This project was initially funded in the FY ‘10/11 CIP budget.  Funds have been carried over each year and are also included in the FY 13/14 CIP budget.

 

WHAT ACTION ACCOMPLISHES:

 

Work is necessary to modify the Environmental Resource Permit (ERP) for the Pinewoods Wellfield Electrical Upgrade project.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

14.

COUNTY ATTORNEY

 

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. (#20130121-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 January 28 thru February 1, 2013:  January 29, 2013 (Regular), October 01, 2012 Workshop - inadvertently missed. (#20130122-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

 

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

 

11.

PUBLIC WORKS ADMINISTRATION

 

12.

TRANSPORTATION

 

13.

UTILITIES

 

 

 

CONVENE AS BOARD OF GOVERNMENT LEASING CORPORATION

 

 

14.

COUNTY ATTORNEY

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Meet as the Board of Directors of the Lee County Governmental Leasing Corporation to hold its Annual Meeting, approve the 2013 Annual Report to be filed on-line, and also approve the minutes of the corporate meetings of February 28, 2012, and May 1, 2012, in accordance with Chapter 617, Florida Statutes. (#20130100-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

N/A

 

WHAT ACTION ACCOMPLISHES:

 

Maintains non-profit corporate status.

 

MANAGEMENT RECOMMENDATION:

 

Approve the County Attorney’s Office to file the 2013 Annual Report of Lee County Governmental Leasing Corporation on-line, and approve the minutes of the corporate meetings of February 28, 2012, and May 1, 2012.

 

 

RECONVENE AS BOARD OF COUNTY COMMISSIONERS

 

 

15.

HEARING EXAMINER

 

16.

CONSTITUTIONAL OFFICERS

 

17.

PORT AUTHORITY AND OTHER GOVERNING BOARDS

 


 

9:30 AM PUBLIC HEARING

 

1.

ACTION REQUESTED/PURPOSE:

Adopt proposed amendments to Land Development Code Chapters 2 (Administration), 10 (Development Standards), 12 (Resource Extraction), 14 (Environmental and Natural Resources), 22 (Historic Preservation), and 34 (Zoning). (#20130111-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Satisfies the Board policy to hold a public hearing to adopt an Ordinance amending the LDC.   If adopted, the Ordinance will codify the recommendations made by the Horizon Council’s Business Issues Task Force to amend the LDC (specifically amending sections 10-154 (Additional Required Submittals), 12-110 (Application Submittals), 12-111 (Mine Site Plan; Site Map and Engineering Plan Set), 12-121 (Existing Mine Operations), 34-202 (General Submittal Requirements For Applications Requiring Public Hearing), 34-373 (Application), 34-380 (Amendments To Approved Master Concept Plan), 34-381 (Duration of Rights Conferred By Adopted Master Concept Plan). Also included are amendments to 2-425 (Conduct Of Code Enforcement Hearings), 14-116 (Eagle Technical Advisory Committee), 22-73 (Staff Participation In Meetings Of Historic Preservation Board).

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

2.

ACTION REQUESTED/PURPOSE:

Conduct a Public Hearing and consider the adoption of an Ordinance for purposes of establishing the minimum Qualifications for the County Manager. (#20130058-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

N/A. 

 

WHAT ACTION ACCOMPLISHES:

 

Considers an Ordinance that upon adoption would provide for the minimum qualifications including educational and administrative requirements of the Lee County Manager thereby fulfilling the requirements of the Lee County Charter.

 

MANAGEMENT RECOMMENDATION:

 

 

 

3.

ACTION REQUESTED/PURPOSE:

Conduct public hearing to adopt an ordinance suspending the collection of Impact Fees for two years and also amending Chapter 2, Article VI, of the Land Development Code (LDC) pertaining to Impact Fees.

(#20130107-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Allows for Board discussion and public input on the proposed ordinance.

 

MANAGEMENT RECOMMENDATION:

 

Seeking Board direction.

 


 

PUBLIC AGENDA - 5:00 PM

 

1.

ACTION REQUESTED/PURPOSE:

Conduct the first public hearing regarding an ordinance amending Chapters 32 (Compact Communities) and 33 (Planning Community Regulations) of the Land Development Code (LDC).  Direct the proposed ordinance to a second public hearing on February 22, 2013 at 9:30 A.M. (#20130108-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Satisfies the Board policy to hold two public hearings to amend the LDC.   If adopted, the Ordinance will provide amendments to the Land Development Code providing centralized regulations for the implementation of the North Fort Myers Town Center and two Lehigh Acres Activity Centers (Downtown and Neighborhood) compact community developments and adopting regulating plans for the implementation of the North Fort Myers Town Center.

 

MANAGEMENT RECOMMENDATION:

 

 

 

Public Presentation of Matters by Citizens

 

Adjourn