District #1                            District #2                                District #3                                District #4                                    District #5

John E. Manning                 Cecil L Pendergrass                 Larry Kiker                               Brian Hamman                           Frank Mann

                                                Chair                                          Vice Chair


Roger Desjarlais                                                                                                                               Richard Wm. Wesch

County Manager                                                                                                                                                         County Attorney

November 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. 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

 

Ceremonial Presentations

 

Recap

 

Public Comment on Agenda Items

 

                                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.

Presentation of the featured Pet of the Month by Animal Services. (#20130916-ANIMAL SERVICES)

 


 

CONSENT AGENDA

 

1.

COUNTY ADMINISTRATION

 

2.

COMMUNITY DEVELOPMENT

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Accept Conservation Easement for a 54 acre preserve on a project known as Corkscrew Shores (formally known as Corkscrew Woods). (#20130880-COMMUNITY DEVELOPMENT)

 

FUNDING SOURCE:

 

No financial impact to County.  Lee County will not be responsible for long term maintenance or management of this area.

 

WHAT ACTION ACCOMPLISHES:

 

Protects area that is connected to other environmentally sensitive lands.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

3.

CONSTRUCTION AND DESIGN

 

4.

COUNTY COMMISSIONERS

 

5.

COUNTY LANDS

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A) Approve the Subordination of Utility Interests and Agreement for Reimbursement for Additional Facility Relocations with FPL necessary from Parcels 1 and 2 required for the Plantation/Crystal Roundabout, Project No. 5077; Parcels 1 and 2 are partially encumbered by FPL overhead electric transmission lines within their 100 foot wide utility easement; FPL has agreed to subordinate its interest to Lee County (5,317 square feet (SF) from Parcel 1 and 8,176 SF from Parcel 2).

B) Authorize the Chair on behalf of the Board to execute the Subordination of Utility Interests and Agreement for Reimbursement for Additional Facility Relocations.

C) Authorize County Lands Staff to accept and record the subordination agreement.

(#20130877-COUNTY LANDS)

 

FUNDING SOURCE:

 

Fund: Transportation Capital Improvement; Program: Capital Projects; Project: Plantation/Crystal Roundabout. Funds are available in the FY 2013/14 Capital Improvement Program.

 

WHAT ACTION ACCOMPLISHES:

 

Allows the County to obtain the necessary subordinated property rights from FPL for Parcels 1 and 2 for the Plantation/Crystal Roundabout, Project No. 5077.  The requested subordination from FPL will grant Lee County the right to construct the roundabout within the portion of Parcels 1 and 2 controlled by FPL.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

6.

HUMAN SERVICES

 


 

7.

INDEPENDENT

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

(A) Approve expenditures to Parts Depot, Inc. exceeding the previously approved estimate of $230,000 under Formal Quote No. Q-110236 for Vehicle Repair Parts to allow an annual estimated expenditure on a County-wide basis of $400,000.

(B) Grant the Procurement Director, with County Administration approval, the authority to renew this quote 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 escalator clause as per the quote specifications on an as needed basis. (#20130892-PROCUREMENT MANAGEMENT)

 

FUNDING SOURCE:

 

This amount is included in the FY13-14 budgets for Fleet Management, Solid Waste, and Lee Tran.

 

WHAT ACTION ACCOMPLISHES:

 

Allows Solid Waste and Lee Tran Vehicle Maintenance Operations, in addition to Fleet Management, to continue purchasing from this approved vendor the various repair parts necessary to keep the County’s fleet of motorized equipment operational.  This quote was originally processed for use by Fleet Management.  However, other departments began using it to take advantage of the discounts offered, which necessitated this request for an increased annual expenditure.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

1) Concur with the selection of Consultants by the Competitive Negotiations Committee for CN130553 COUNTY-WIDE MISCELLANEOUS ENVIRONMENTAL CONTRACT (WATER QUALITY & HYDROLOGICAL IMPACTS, SITE ASSESSMENTS, SITE REMEDIATION), and authorize staff to negotiate hourly rates and independent costs with the following twelve (12) firms for a contract period of two (2) years: A-C-T Environmental & Infrastructure, Inc.; American Management Resources Corporation; Entrix, Inc. dba Cardno ENTRIX; CRB Geological & Environmental Services, Inc.; GFA International, Inc.; Groundwater & Environmental Services, Inc.; Rare Earth Sciences, Inc. dba HSA Engineers & Scientists; Johnson Engineering, Inc.; Trident Treatment & Dewatering, LLC dba MAS Environmental, LLC; Professional Service Industries Inc.; RMA Geologic Consultants Inc.; and T.Y. Lin International (7 of the 12 firms are local).  

2) Authorize Chair to execute agreements upon final negotiations.

 (#20130893-PROCUREMENT MANAGEMENT)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Provides Lee County with 12 consultants on this contract that can provide professional environmental services such as environmental investigations, surveys and assessments, design mitigation activities, preparation of cost estimates, obtaining appropriate permits, assuring permit compliance, environmental site assessment, field investigation/testing, site remediation, and other related environmental tasks on an as needed basis.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

8.

NATURAL RESOURCES/SOLID WASTE

 


 

9.

PARKS AND RECREATION

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve the Ten-Year Update, 2nd Edition, to the San Carlos Bay Bunche Beach Preserve (SCBBBP) Land Management Plan. (#20130883-PARKS AND RECREATION)

 

FUNDING SOURCE:

 

Fund - Capital Improvement-Environmentally Sensitive Land Management; Program - Parks and Recreation Operations & Florida Community Trust (FCT) - Conservation 20/20; Project - various and Fund - General; Program - Parks and Recreation Operations - Tourist Development Council (TDC) Beach and Shoreline Program; Project - Bunche Beach (TDC).

 

WHAT ACTION ACCOMPLISHES:

 

Approval of the SCBBBP Land Management Plan establishes on-going guidelines for management activities and use of this Conservation 20/20 Preserve.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

A)  Authorize acceptance of project funding from Florida Fish and Wildlife Commission (FWC) in the total amount of $24,739, to be provided as a reimbursement to the Conservation 20/20 Management Fund for gopher tortoise habitat improvements within portions of the Alva Scrub Preserve ($15,000), Buckingham Trails Preserve ($6,543) and St. James Creek Preserve ($3,196).

B) Adopt a budget amendment to the Conservation 20/20 Management Fund authorizing the expenditure of $24,739 and acceptance of the reimbursement funds upon completion of the identified improvement projects. (#20130884-PARKS AND RECREATION)

 

FUNDING SOURCE:

 

Fund - Capital Improvement-Environmentally Sensitive Land Management; Program- Parks and Recreation Operations; Projects - Conservation 20/20 Alva Scrub Preserve, Conservation 20/20 Buckingham Trails Preserve and St James Creek Preserve.

 

WHAT ACTION ACCOMPLISHES:

 

Provides for gopher tortoise habitat improvements on portions of three Conservation 20/20 preserves. 

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

 

C)

ACTION REQUESTED/PURPOSE:

 

 

Approve an Addendum to the Alva Scrub Preserve (ASP) Land Stewardship Plan approved in 2010 to add nomination parcel 163-3 purchased through Conservation 20/20 Program.

(#20130886-PARKS AND RECREATION)

 

FUNDING SOURCE:

 

Fund - Capital Improvement-Environmentally Sensitive Land Management; Program - Parks and Recreation Operations; Project - Alva Scrub Preserve.

 

WHAT ACTION ACCOMPLISHES:

 

Approval of this addendum establishes guidelines for restoration, stewardship activities and use of nomination parcel 163-3 as part of Alva Scrub Preserve.  If approved, restoration and improvement of this new parcel can begin.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

10.

PUBLIC SAFETY

 

11.

PUBLIC WORKS ADMINISTRATION

 

12.

TRANSPORTATION

 


 

13.

UTILITIES

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A)  Concur with the ranking by the Competitive Negotiation Committee for CN130601 YACHT CLUB COLONY DISTRIBUTION SYSTEM REHABILITATION PROJECT, in the following order: 1) Weston & Sampson Engineers, Inc.; 2) AIM Engineering & Surveying, Inc.; and, 3) Barraco and Associates, Inc. (all firms have local offices).

B)  Authorize staff to negotiate a Professional Services Agreement with the number 1 ranked firm, Weston and Sampson, to provide Design, Permitting and Construction observation services.

(#20130894-UTILITIES)

 

FUNDING SOURCE:

 

No funds required for this action.

 

WHAT ACTION ACCOMPLISHES:

 

Provides Lee County with a consultant to perform design, permitting and construction observation services for the Yacht Club Colony Distribution System Rehabilitation Project.  Complete rehabilitation of this water distribution system (formerly Bayshore Utility Company, which Lee County received by court order) is needed in order to improve overall water quality and provide the residents of the Yacht Club Colony with adequate fire protection. 

 

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. (#20130906-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 October 7 thru October 11, 2013:  October 8, 2013 (Regular), October 15, 2013 (Regular). (#20130907-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:

 

 

Consider a proposal by the City of Bonita Springs for the County to participate in a Tax Increment Financing (TIF) Interlocal Agreement for the redevelopment of downtown Bonita Springs.

(#20130910-COUNTY MANAGER)

 

FUNDING SOURCE:

 

County General Funds.  The county's share would be the tax increment in the "CRA" area multiplied by the county's General Fund tax rate of 4.1506 mills.  The county's annual share would increase from about $42,234 to $1.4 million over 25 years (using current city-provided growth projections).

 

WHAT ACTION ACCOMPLISHES:

 

Provides a half share of the city's cost to complete and finance the improvements, which include funding road and drainage improvements, sidewalks, and some land purchases.  The cost of improvements is estimated at about $16 million and a total of $27 million with financing costs (county $13.7 million; city $13.3 million).

 

MANAGEMENT RECOMMENDATION:

 

Reject the proposal.  The county's General Fund is just balanced and tax rate is constrained.  The county will need all growth revenues to remain in balance.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Defer further action on establishing a Property Assessed Clean Energy Program (PACE) indefinitely and discontinue negotiations with Ygrene Energy Fund Florida, LLC to be the third party administrator (TPA) for such a program. (#20130912-COUNTY MANAGER)

 

FUNDING SOURCE:

 

PACE is a financing mechanism that allows property owners to pay for energy improvements or wind mitigation measures to their homes or businesses through a voluntary assessment added to their property taxes.

 

WHAT ACTION ACCOMPLISHES:

 

Allows the County to monitor fledgling PACE programs to better determine potential market demand, track actual energy cost savings realized by borrowers, evaluate the success of specific TPAs and their different funding models, and await resolution of outstanding legal issues and concerns raised by the Federal Housing Finance Agency (FHFA).

 

MANAGEMENT RECOMMENDATION:

 

Terminate third party administrator related negotiations and monitor progress of PACE programs in other Florida communities.

 

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

 

14.

COUNTY ATTORNEY

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A)    Approve negotiated settlement in the condemnation case: Lee County v. SWF Beach Outlet, Inc., (Case Number: 12-CA-2965-T), Parcel 1 PUE (Perpetual Utility Easement) for the Pine Ridge Force Main Replacement Project-San Carlos Blvd. to Fort Myers Beach Waste Water Treatment Plant, Project No. 7321.  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 $27,962.50. The amount paid includes all fees and costs, compensation to the property owner, and a release of the easement.

B)  Authorize the Chair on behalf of the Board to execute the Release of Easement.

C)  Approve a budget transfer in the amount of $16,363 from the Waterway Estates WWTP Flow Diversion project to the Pine Ridge Force Main (San Carlos - Fort Myers Beach WWTP) project and amend the FY ''13/14 CIP Budget accordingly from the original approved project budget of $0 to a new project budget of $16,363. (#20130885-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

Fund: Utilities Capital Improvements; Program: Capital Projects: Project: Pine Ridge Force Main (San Carlos to Fort Myers Beach WWTP).  This project was originally funded in the FY 10/11 Capital Improvement Budget and has been carried over the last couple years.  This project has been fully constructed and booked as of February 2013 and this is the final expenditure for this project.

 

WHAT ACTION ACCOMPLISHES:

 

Ends litigation in Lee County v. SWF Beach Outlet, Inc., (Case Number: 12-CA-2965-T), Releases PUE 1 to the property owner, and settles claim. The settlement includes all cost, fees, and release of the easement for $27,962.50, of which $11,600 has been previously paid and credited toward the total amount due to resolve this case.

 

MANAGEMENT RECOMMENDATION:

 

Approve Settlement Amount.

 

15.

HEARING EXAMINER

 

16.

CONSTITUTIONAL OFFICERS

 

17.

PORT AUTHORITY AND OTHER GOVERNING BOARDS

 


 

WALK ON AGENDA

 

1.

Ceremonial presentation recognizing Hunger and Homelessness Awareness Week.

(#20130945-Commissioner Manning)