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 Fraser

Interim County Manager                                                                                                                              Interim County Attorney

February 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 Ryan Deaton, Life 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

 

2.

COMMUNITY DEVELOPMENT

 

3.

CONSTRUCTION AND DESIGN

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A) Approve award of RFQ-11-06 ADMIRAL LEHIGH TRAILHEAD PARK pertaining to construction management services to Karr Group, Inc. d/b/a Casey Construction (a local contractor), for a guaranteed maximum price (GMP) of $1,145,778.49, which includes a CM fee of $67,249.23 at 6.94%; a DBE/MBE/WMBE participation percentage of 30%; and a local participation percentage of 84%.  

B) Authorize the Chair to execute the Construction Management Agreement upon presentation.

C) Waive the formal bid process (if needed) and authorize Direct Material Purchase Orders based on the provisions of the CM Agreement to allow the County to purchase directly from suppliers of equipment or materials as a cost and time saving measure.

D) Grant the Construction and Design Director the discretion to approve expenditures, in an amount not-to-exceed $75,000, for the purchase of miscellaneous ancillary items needed to complete the project including, but not limited to, site furnishings, fitness equipment, and signage via the most expeditious and cost effective means available.

E) Approve a Budget Resolution and Budget Transfer in the amount of $1,300,000 from the Lehigh Acres Community Park Impact Fees Reserves to the Lehigh Park Acquisition and Improvements Project and amend FY 12/13 - 16/17 CIP accordingly, to allow this planned project to move forward.

F) Approve expenditures related to the completion of this construction project in the total amount of $1,300,000 which is comprised of the $1,145,778.49 for the GMP; $75,000 for ancillary purchases; and, the remaining $79,221 for permits, impact fees, and testing services.

(#20130080-CONSTRUCTION AND DESIGN)

 

FUNDING SOURCE:

 

Fund – Lehigh Acres Community Park Impact Fees; Program – Capital Project; Project – Admiral Lehigh Trailhead Park.  Project will be budgeted upon approval of the 1,300,000 budget transfer.

 

WHAT ACTION ACCOMPLISHES:

 

Provides construction management services for the construction of walking paths, restrooms, pavilions, parking, landscape and irrigation, along with other associated planned improvements within Admiral Lehigh Trailhead Park.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

4.

COUNTY COMMISSIONERS

 


 

5.

COUNTY LANDS

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A) Approve Purchase Agreement for acquisition of three parcels identified as Parcel 109PE, a 1,387 square foot (sf) perpetual slope easement interest, Parcel 112PE, a 8,624 sf perpetual slope easement interest, and Parcel 112TCE, a 2,445 sf temporary construction easement, for Homestead Road Widening, Project No. 5063, in the amount of $7,875.  Parcel 109 is located south of Marble Brook Boulevard and Homestead Road.  Parcel 112 is located north of Marble Brook Boulevard and Homestead Road at 44 Homestead Road South;

B) Authorize the Chairman on behalf of the Board to execute the Purchase 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. (#20130042-COUNTY LANDS)

 

FUNDING SOURCE:

 

Fund: Road Impact Fees - Central District; Program: Capital Projects; Project: Homestead Road Widening Project No. 5063.

 

WHAT ACTION ACCOMPLISHES:

 

Acquires necessary parcels without using Eminent Domain.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

6.

HUMAN SERVICES

 

7.

INDEPENDENT

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

A. Approve award of Formal Quotation No. Q-120335 pertaining to Mowing & Landscape Maintenance for various Lee County Libraries to the following local vendors:  P & T Lawn & Tractor Service, Inc. (a DBE vendor) - Areas 1, 2, 5 and 6; and, Amera-Tech, Inc. dba Florida Evergreen Landscape & Lawncare - Areas 3, 4 and 7  at the prices listed on the attached Lee County Tabulation Sheet. Also award both vendors Option A- Hourly rate per person for work not covered in this contract; and, Option B- Hourly rate for the arborist. The award will be valid for a period of one year, with an opportunity for four additional one year extensions.

B. Grant the Procurement Director the discretion to exercise and grant the consumer price index adjustment consistent with the quote specifications; and, the authority to administratively negotiate and renew this quote for four additional one-year periods under the same terms and conditions, if renewal/extension is in the best interest of Lee County.

C. Grant the Procurement Director and the Library Director the authority to add and delete, through negotiation, additional services or locations, including the New Fort Myers Library, on an as needed basis; and, to adjust the annual expenditure accordingly. The Library estimates that it will spend approximately $180,000 annually (excluding the new Fort Myers Library). (#20130030-LIBRARY)

 

FUNDING SOURCE:

 

Fund – Lee County Libraries; Program – Library Services; Project - Mowing and Landscape Maintenance.

 

WHAT ACTION ACCOMPLISHES:

 

Provides mowing and landscape maintenance for various Lee County Library sites at a reasonable and competitive rate.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 


 

8.

NATURAL RESOURCES/SOLID WASTE

 

9.

PARKS AND RECREATION

 

10.

PUBLIC SAFETY

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Accept the donation in the amount of $2,500 from The George & Mary Jo Sanders Foundation for Lee County Emergency Medical Services.  Approve Budget Amendment Resolution in the amount of $2,500; and also approve bonuses for two medics per the attached letter. (#20130032-PUBLIC SAFETY)

 

FUNDING SOURCE:

 

Fund-General Fund-Donation.

 

WHAT ACTION ACCOMPLISHES:

 

Allows donation to be accepted by the Department.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

11.

PUBLIC WORKS ADMINISTRATION

 

12.

TRANSPORTATION

 

13.

UTILITIES

 

14.

COUNTY ATTORNEY

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve and authorize execution and recording of an Agreement between Emerson Square Community Association, Inc. Homeowner's Association, Inc., the Lee County Sheriff and Lee County for the exercise of County jurisdiction over certain private roads within Emerson Square Community Association, Inc. for traffic control enforcement. (#20130079-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

No additional funding is required.  The association is solely responsible for maintaining all signage and the maintenance and repair of the streets owned by the association.  The Sheriff may charge the association if special services are requested by the association.

 

WHAT ACTION ACCOMPLISHES:

 

Florida law authorizes agreements between government, law enforcement and law enforcement agencies to provide traffic control enforcement on private streets and roads.

 

MANAGEMENT RECOMMENDATION:

 

Approve Agreement.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Approve and authorize execution and recording of an Agreement between Tortuga Master Association, Inc., the Lee County Sheriff and Lee County for the exercise of County jurisdiction over certain private roads within Tortuga Master Association for traffic control enforcement. (#20130081-COUNTY ATTORNEY)

 

FUNDING SOURCE:

 

No additional funding is required.  The association is solely responsible for maintaining all signage and the maintenance and repair of the streets owned by the association.  The Sheriff may charge the association if special services are requested by the association.

 

WHAT ACTION ACCOMPLISHES:

 

Florida law authorizes agreements between government, law enforcement and law enforcement agencies to provide traffic control enforcement on private streets and roads.

 

MANAGEMENT RECOMMENDATION:

 

Approve Agreement.

 

15.

HEARING EXAMINER

 


 

16.

CONSTITUTIONAL OFFICERS

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Approve disbursement of excess funds resulting from the sale of tax deed certificates to a claimant verified and certified under Florida Statutes 197.582. (#20130095-DELINQUENT TAX)

 

FUNDING SOURCE:

 

Proceeds from a tax deed sale in excess of the taxes and/or liens owed are being held by the Board for disbursements in accord with Florida Statutes, Chapter 197.

 

WHAT ACTION ACCOMPLISHES:

 

Provides for disbursement of excess tax deed proceeds to an appropriate claimant in compliance with statutory rules and requirements.

 

MANAGEMENT RECOMMENDATION:

 

Approve disbursement to identified claimant.

 

 

B)

ACTION REQUESTED/PURPOSE:

 

 

Approve the Minutes for the following meetings of the Board of County Commissioners held during the week of January 21 thru January 25, 2013:  January 22, 2013 (Regular). (#20130096-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. (#20130097-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

 

 

A)

ACTION REQUESTED/PURPOSE:

 

 

Authorize staff to conduct a Public Hearing to amend Lee County Ordinance No. 00-19 relating to “Equal Opportunity in Housing” on Tuesday, February 26, 2013 at 9:30 a.m.

(#20130078-EQUAL OPPORTUNITY)

 

FUNDING SOURCE:

 

N/A.

 

WHAT ACTION ACCOMPLISHES:

 

Sets public hearing date to consider amending the existing ordinance which mandates that Lee County’s Office of Equal Opportunity receive, investigate, seek to conciliate and act on alleged discriminatory housing practices.

 

MANAGEMENT RECOMMENDATION:

 

Direct to public hearing on February 26, 2013.

 

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:

 

 

A)   Approve Bid Waiver # W-130190 from the formal quotation procedure to allow Lee County Fleet Management and Lee County Solid Waste to purchase Original Equipment Manufacturer (OEM) and other repair parts and special lubricants used for the repair of International and other fleet trucks and equipment from the sole provider, International Truck and Engine Corporation/Navistar Parts, Inc. though its authorized local vendor, Wallace International Trucks, for a period of one year, with the option to renew for four additional one year periods.

B)   Approve an annual estimated expenditure by both County divisions for these parts in the amount of $400,000.00. (#20130073-SOLID WASTE)

 

FUNDING SOURCE:

 

Fund: Fleet – Vehicle and Equipment Maintenance; Solid Waste – Solid Waste System Ops; Program: Fleet - Fleet Management; Solid Waste - SW Disposal Facilities; Project:  Equipment repair parts.

 

WHAT ACTION ACCOMPLISHES:

 

This action will allow Fleet Management and the Solid Waste Division to continue purchasing the required parts using the Diamond Advantage Program  from Wallace International Trucks, the locally authorized vendor for International Truck and Engine Corporation/Navistar Parts, Inc.

 

MANAGEMENT RECOMMENDATION:

 

Approve

 

9.

PARKS AND RECREATION

 

10.

PUBLIC SAFETY

 


 

11.

PUBLIC WORKS ADMINISTRATION

 

12.

TRANSPORTATION

 

13.

UTILITIES

 

14.

COUNTY ATTORNEY

 

15.

HEARING EXAMINER

 

16.

CONSTITUTIONAL OFFICERS

 

17.

PORT AUTHORITY AND OTHER GOVERNING BOARDS

 


 

WALK ON AGENDA

 

1.

ACTION REQUESTED/PURPOSE:

Approve additional funding of up to $4,000 for Lee County's share of the Gulf Consortium's transition budget. (#20130115-COUNTY MANAGER)

 

FUNDING SOURCE:

 

General Fund; Non-Departmental; Project—Gulf Consortium.

 

WHAT ACTION ACCOMPLISHES:

 

Allows for continued operations of the Gulf Consortium until RESTORE Act allocations are received.

 

MANAGEMENT RECOMMENDATION:

 

Approve.

 

REASON FOR WALK ON:

 

Board directed on January 29, 2013.