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OCTOBER 9, 2012
The
Regular Meeting
of the
Board of Lee County Commissioners
was held on this date with the
following Commissioners present:
John Manning, Chairman
Ray Judah
Tammara Hall
Frank B. Mann
COMMISSIONER BIGELOW WAS ABSENT FOR THE ENTIRE MEETING.
The Chairman called the meeting to order at 9:30 a.m. The Invocation was given by Rev. Joseph
Gabriel of the Full Gospel Assembly, followed by the Pledge of Allegiance to the Flag.
PRESENTATIONS
Commissioner Mann read and presented a Ceremonial Resolution proclaiming October 12, 2012 as
“Fort Myers Elks Lodge #1288 Day” in celebration of the 100
th
Anniversary of the Benevolent Protective Order of
Elks (BPOE), recognizing the organization’s involvement in numerous charitable and community service programs.
Current and Past Rulers Roland “Pete” Minogue and Kenneth McStravick accepted the Resolution, and expressed
gratitude to the Board for the recognition.
(20120882-COUNTY COMMISSIONERS)
Commissioner Hall read and presented a Ceremonial Resolution proclaiming the month of October
2012 as Family History Month in Lee County, encouraging everyone to appreciate the importance of families and
celebrate their heritage. President of the Lee County Genealogical Society Carol Rooksby Weidlich and Society
Librarian Carolyn Ford accepted the Resolution, and thanked the Board for the Recognition.
(#20120883-COUNTY
COMMISSIONERS)
ANNOUNCEMENTS
Referring to the Agenda
Recap
Sheet dated October 8, 2012, the Chairman announced that:
Consent Agenda Item 1F should be moved to the Administrative Agenda so the Board can
select/appoint a Director and Alternate to the Gulf Coast Consortium Board. Commissioner Hall moved approval,
seconded by Commissioner Mann, called and carried with Commissioner Bigelow absent.
One Walk-on item and two Carry-Over items would be heard at the appropriate time.
Referencing a
memorandum
sent earlier to the Board (Copy of file in Minutes Office), the Chairman
recommended that Administrative Agenda Item 5A should be deferred for one week in order to give the Blue Ribbon
Committee an opportunity to vote on the issue of extending the sunset date from November 1, 2012 to December 31,
2012. Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried with Commissioner
Bigelow absent.
9:30 A.M. AGENDA ITEM
- Public Comment on Agenda Items
Consent (C) and Administrative (A)
C12 (a) – BikeWalk Lee Representative
Ann Pierce
C12 (a) – Lehigh Acres Economic Development Board representative
Jere Carrick
There were no Consent Agenda items pulled for discussion by the individual Commissioners.
CONSENT AGENDA
1. COUNTY ADMINISTRATION
A)
ACTION REQUESTED/PURPOSE:
1) Concur with the selection and ranking by the Proposal Evaluation Committee under
project RFP-12-08 VCB INQUIRY PROCESSING & FULFILLMENT as follows: (1)
Phase V of Southwest Florida, Inc.
(local firm).
2) Authorize staff to negotiate a contract with the Phase V of Southwest Florida, Inc. for an
initial period of October 1, 2012 through September 30, 2013 with the option to re-
negotiate and renew for two additional one year periods.
3) Approve an anticipated annual expenditure of $325,000.
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4) Authorize Chair, on behalf of the Board, to execute the Agreement upon completion of
the final negotiations.
(#20120841-VISITOR AND CONVENTION BUREAU)
FUNDING SOURCE:
Fund: Tourist Development Tax.
WHAT ACTION ACCOMPLISHES:
Approves and places under contract an experienced consultant to provide inbound
telemarketing phone service and reporting; information directory development and
maintenance; fulfillment and database design and maintenance services.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried with Commissioner
Bigelow absent.
B)
ACTION REQUESTED/PURPOSE:
1) Concur with the selection and ranking by the Proposal Evaluation Committee under
project RFP-12-09 VCB MARKET RESEARCH as follows: (a)
Davidson-Peterson
Associates;
(b) Research Data Services, Inc.; (c) Kerr & Downs Research.
2) Authorize staff to negotiate a contract with the Number 1 ranked firm, Davidson
Peterson Associates for an initial period of October 1, 2012 through September 30, 2016
with the option to re-negotiate and renew for two additional one year periods.
3) Approve an estimated annual expenditure of $300,000.
4) Authorize Chair on behalf of the Board to execute the Agreement upon completion of
the final negotiations.
(#20120842-VISITOR AND CONVENTION BUREAU)
FUNDING SOURCE:
Fund: Tourist Development Tax.
WHAT ACTION ACCOMPLISHES:
Approves and places under contract a marketing research provider with extensive
experience in the development and implementation of integrated destination marketing
research studies.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried with Commissioner
Bigelow absent.
C)
ACTION REQUESTED/PURPOSE:
1) Concur with the selection and ranking by the Proposal Evaluation Committee under
project RFP-12-10 VCB UNITED KINGDOM, IRELAND AND SCANDINAVIA
REPRESENTATION as follows: (a)
Meridian Marketing Services Limited;
(b) Hume
Whitehead Limited.
2) Authorize staff to negotiate a contract with the Number 1 ranked firm, Meridian
Marketing Services Limited for an initial period of October 1, 2012 through September 30,
2013 with the option to re-negotiate and renew for two additional one year periods.
3) Approve an estimated annual expenditure of $225,000.
4) Authorize Chair on behalf of the Board to execute the Agreement upon completion of
the final negotiations.
(#20120843-VISITOR AND CONVENTION BUREAU)
FUNDING SOURCE:
Fund – Tourist Development Tax.
WHAT ACTION ACCOMPLISHES:
Approves and places under contract an experienced travel trade representative to identify,
foster, and develop trade relationships with wholesale, retail, airlines, meetings, and
incentive trade in the United Kingdom, Ireland, and Scandinavia on behalf of the VCB
with the goal of increasing international visitation.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried with Commissioner
Bigelow absent.
D)
ACTION REQUESTED/PURPOSE:
Authorize Chair to approve $225,000 for the Southwest Florida Community Foundation to
manage the funding of Tourist Development Council Attractions Marketing Program.
(#20120862-VISITOR AND CONVENTION BUREAU)
FUNDING SOURCE:
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----APPROVED MINUTES OF 100912R------------------------------------
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Tourist Development Tax; VCB Attractions Marketing Program.
WHAT ACTION ACCOMPLISHES:
Allow the Visitor & Convention Bureau to distribute funding to area non-profit attractions
via the Southwest Florida Community Foundation.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried with Commissioner
Bigelow absent.
E)
ACTION REQUESTED/PURPOSE:
Authorize
transfer of funds
in the amount of $19,114 from TDC Beach & Shoreline
Reserves to project #402063, City of Sanibel Bowman's Beach Family Restroom.
(#20120866-VISITOR AND CONVENTION BUREAU)
FUNDING SOURCE:
Fund - Capital Improvement-Tourist Dev Beach Projects; Program – Major Maintenance;
Project – Sanibel Family Restroom @ Bowman Beach.
WHAT ACTION ACCOMPLISHES:
Allows reimbursement of TDC beach & shoreline funds to the City of Sanibel.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried with Commissioner
Bigelow absent.
F)
ACTION REQUESTED/PURPOSE:
1) Adopt the Resolution approving and authorizing execution of the Interlocal Agreement
Relating to Establishment of the Gulf Coast Consortium.
2): Appoint one Director (by name or position) to serve on the Consortium Board and
designate an alternate to serve in the Director's place in the event the Director is
unavailable.
(#20120875-COUNTY MANAGER)
FUNDING SOURCE:
General Fund.
WHAT ACTION ACCOMPLISHES:
Establishes Lee County as an initial Gulf Consortium Member, the purpose of which is to
serve as the consortia of local political subdivisions as contemplated by the RESTORE
Act.
MANAGEMENT RECOMMENDATION:
Approve.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
Consent Agenda Item 1F should be moved to the Administrative Agenda so that the Board can select/appoint a
Director and Alternative to the Gulf Coast Consortium Board. Commissioner Judah moved approval, seconded by
Commissioner Hall, called and carried with Commissioner Bigelow absent
2. COMMUNITY DEVELOPMENT
No requests received.
3. CONSTRUCTION AND DESIGN
No requests received
4. COUNTY COMMISSIONERS
No requests received
5. COUNTY LANDS
A)
ACTION REQUESTED/PURPOSE:
(1) Conveyance of County property located at 2361 South Street, Ft. Myers, Florida, to the
City of Fort Myers in accordance with Florida Statute § 197.592(3);
(2) County Lands to handle and accept
all documentation necessary
to complete the
transaction.
(#20120861-COUNTY LANDS)
FUNDING SOURCE:
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General Fund; Program; Major Maintenance; Project: Sale of Surplus Lands.
WHAT ACTION ACCOMPLISHES:
Conveys property that escheated to the County due to non-payment of taxes to the City of
Fort Myers in accordance with the requirements of Florida Statute 197.592(3). The
Conveyance will also reduce the maintenance costs of County Land inventory by the
reduction of the property from the County’s inventory.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried with Commissioner
Bigelow absent.
6. HUMAN SERVICES
A)
ACTION REQUESTED/PURPOSE:
(1) Accept award of Supportive Housing Program funding from the U.S. Department of
Housing and Urban Development (HUD) through the Continuum of Care.
(2) Approve FY 2012-2013 budget resolution in the amount of $35,511.
(3) Authorize Chair to sign
HUD agreements,
provider contracts and future necessary
amendments once prepared.
(4) Authorize Department of Human Services Director to sign grant reports.
(#20120833-HUMAN SERVICES)
FUNDING SOURCE:
Fund – Federal Grant through the Supportive Housing Program Special Revenue Fund;
Program - U.S. Department of Housing and Urban Development (HUD); Project -
Supportive Housing Program.
WHAT ACTION ACCOMPLISHES:
Board action is necessary to establish the budget for the new funds and authorize the
execution of agreements with HUD and approved contract service providers.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried with Commissioner
Bigelow absent.
RESOLUTION NO.12-10-04
7. INDEPENDENT
A)
ACTION REQUESTED/PURPOSE:
1) Concur with the selection of Consultants by the Competitive Negotiations Committee
for CN-12-12 MISCELLANEOUS TRAFFIC ENGINEERING with respect to the
following:
CH2M Hill, Inc.
CPH Engineers, Inc.
;
David Plummer & Associates, Inc.;
Florida Transportation Engineering, Inc.;
Johnson Engineering, Inc.
KCCS, Inc.
McMahon Associates, Inc.
Stanley Consultants, Inc.
WilsonMiller, Inc., as a subsidiary
of
Stantec Consulting Services, Inc.
Tindale-Oliver & Associates, Inc.
TR Transportation Consultants, Inc.
TY Lin International
Weston & Sampson Engineers, Inc.
2) Authorize staff to negotiate hourly rates and independent costs for a contract period of
two years.
3) Authorize Chair to execute agreements on behalf of the Board upon presentation
(#20120812-PROCUREMENT MANAGEMENT)
FUNDING SOURCE:
N/A
WHAT ACTION ACCOMPLISHES:
Provides Lee County with 13 different consultants to provide Miscellaneous Traffic
Engineering services on an as-needed basis.
MANAGEMENT RECOMMENDATION:
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried with Commissioner
Bigelow absent.
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B)
ACTION REQUESTED/PURPOSE:
(1) Approve award of Formal Quotation Q-120212 regarding Plumbing Supplies to the
following local vendors and non-local vendors a the prices listed on the attached tab sheet
for a period of one year, with the option to renew the quote upon the same terms and
conditions if doing so is in the best interest of the County, for four additional one year
periods:
Local
Non-Local
Bob Dean Supply, Inc. Hajoca Corp., d/b/a Hughes Supply, Inc.
Palm Beach Plumbing Parts
Apple specialties, Inc.
Ferguson Enterprises, Inc. Interline Brands, Inc., d/b/a Sexauer
Noland Company
.2) Approve the County wide annual estimated expenditure of $120,000 for the purchase of
plumbing supplies under this quote.
(#20120864-PROCUREMENT MANAGEMENT)
FUNDING SOURCE:
Funding will be available from the individual department or division’s budget.
WHAT ACTION ACCOMPLISHES:
Approval will provide the County with a variety of vendor options for the purchase of
plumbing supplies. The additional vendor options present a greater opportunity to lower
costs associated with purchase of necessary plumbing supplies.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried with Commissioner
Bigelow absent.
8. NATURAL RESOURCES/SOLID WASTE
A)
ACTION REQUESTED/PURPOSE:
Adopt resolution requesting funding for State Fiscal Year 2013-2014 from the Florida
Department of Environmental Protection Beach Erosion Control Program and affirming
Lee County's ability to provide local match funding for the Lee County Beach Erosion
Control Projects.
(#20120847-NATURAL RESOURCES)
FUNDING SOURCE:
No funds are required unless specific grants are awarded. Awarded grants will be subject
to a formal Grant Agreement brought to the Board for approval with any required budget
amendments.
WHAT ACTION ACCOMPLISHES:
The supporting Resolution is required to obtain eligibility for State funding for beach
erosion control projects.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried with Commissioner
Bigelow absent.
RESOLUTION NO. 12-10-05
9. PARKS AND RECREATION
No requests received.
10. PUBLIC SAFETY
No requests received.
11. PUBLIC WORKS ADMINISTRATION
No requests received.
12. TRANSPORTATION
A)
ACTION REQUESTED/PURPOSE:
Authorize the continued use of Quote No.: Q-090072 Landscape Maintenance for DOT
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Roadways: Daniels Parkway West of I-75, Daniels Parkway (Renaissance), Daniels
Parkway East of I-75, Edison Bridge (Business 41), SR 80 (Palm Beach Blvd.), Veterans
Parkway, and College Parkway for the Department of Transportation, from the awarded
vendors Superior Landscaping & Lawn Service, Inc. and P & T Lawn & Tractor Service,
Inc.,with an estimated annual expenditure of $350,000.
(#20120810-TRANSPORTATION)
FUNDING SOURCE:
Fund-Transportation Trust Fund; Program-Operations-Landscaping; Project-Other
Contracted Services.
WHAT ACTION ACCOMPLISHES:
Allows LCDOT Operations to continue the landscape maintenance of Daniels Parkway,
Edison Bridge, College Parkway, and additional properties on Veterans Parkway.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried with Commissioner
Bigelow absent.
13. UTILITIES
A)
ACTION REQUESTED/PURPOSE:
1) Approve
Supplemental Task Authorization No. 2,
Contract No. 5707, under CN-11-07
MISCELLANEOUS ELECTRICAL &/OR INSTRUMENTATION DESIGN SERVICES
FOR UTILITY SYSTEMS, to RKS Consulting Engineers, Inc. (a local firm), for the
project known as Production Well and Aquifer Storage & Recovery Well Design
Standards Development, in an amount not-to-exceed $95,050.00.
2) Authorize Chair to execute the Supplemental Task Authorization on behalf of the
Board.
3) Grant the Lee County Utilities Director the discretion to approve expenditures for other
incidental project costs in an amount not to exceed $9,500.00.
(#20120840-UTILITIES)
FUNDING SOURCE:
Fund: Utilities Operating; Program: Corkscrew WTP, Green Meadows WTP, North Lee
County WTP, Olga WTP and Pinewoods WTP; Project: Other Professional Services.
WHAT ACTION ACCOMPLISHES:
Develops an engineering design standard and technical specifications for design and
construction of future Lee County Utilities Production Wells and Aquifer Storage and
Recovery Wells.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried with Commissioner
Bigelow absent.
14. COUNTY ATTORNEY
No requests received.
15. HEARING EXAMINER
No requests received.
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 at WWW.LEECLERK.ORG by accessing the BOCC Minutes and
Documents link.
(#20120884-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 F.S.
136.06 (1).
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----APPROVED MINUTES OF 100912R------------------------------------
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Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried with Commissioner
Bigelow absent.
B)
ACTION REQUESTED/PURPOSE:
Approve the Minutes for the following meetings of the Board of County Commissioners
held during the week of September 24 thru September 28, 2012:
September 25, 2012 (Regular Meeting)
.
(#20120886-MINUTES)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Approval of the Board Minutes, pursuant to Florida Statute 286.011.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Mann, called and carried with Commissioner
Bigelow absent.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
No requests received.
ADMINISTRATIVE AGENDA
1. COUNTY ADMINISTRATION
A)
ACTION REQUESTED/PURPOSE:
Authorize the Chair or Vice Chairman to sign a delegating resolution in an aggregate
principal amount not to exceed $57,000,000 for the authorization, execution and delivery
of a
Bond Purchase Agreement
that meets certain specific criteria in connection with the
Non-Ad Valorem Refunding Revenue Bonds, Series 2012. Authorize other approvals as
necessary contained in this resolution. These bonds were originally issued to pay for the
Justice Center Expansion, including the new tower and parking garage.
(#20120863-COUNTY MANAGER)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Allows greater flexibility in marketing the Non-Ad Valorem Refunding Bonds, Series
2012 by authorizing the Bond Purchase Agreement to be signed without reconvening the
Board of County Commissioners.
MANAGEMENT RECOMMENDATION:
Approve.
Following a brief review by Assistant County Manager Pete Winton, Commissioner Hall moved approval, seconded
by Commissioner Judah, called and carried with Commissioner Bigelow absent.
RESOLUTION NOs.
12-10-06
&
12-10-07.
F)
ACTION REQUESTED/PURPOSE:
1) Adopt the Resolution approving and authorizing execution of the
Interlocal Agreement
Relating to Establishment of the Gulf Coast Consortium.
2) Appoint one Director (by name or position) to serve on the Consortium Board and
designate an alternate to serve in the Director's place in the event the Director is
unavailable.
(#20120875-COUNTY MANAGER)
FUNDING SOURCE:
General Fund.
WHAT ACTION ACCOMPLISHES:
Establishes Lee County as an initial Gulf Consortium Member, the purpose of which is to
serve as the consortia of local political subdivisions as contemplated by the RESTORE
Act.
MANAGEMENT RECOMMENDATION:
Approve.
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DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT:
Consent Agenda Item 1F should be moved to the Administrative Agenda so the Board can select/appoint a Director
and Alternative to the Gulf Coast Consortium Board. Commissioner Judah moved approval, seconded by
Commissioner Hall, called and carried with Commissioner Bigelow absent
Later in the meeting following the Administrative Agenda items.
Commissioner Hall moved approval adding a recommendation for Commissioner Manning to serve as Board Liaison
to the Consortium Board, seconded by Commissioner Judah. Commissioner Hall amended her motion to add that she
would serve as Alternative and the motion was called and carried with Commissioner Bigelow absent.
RESOLUTION NO.12-10-03
2. COMMUNITY DEVELOPMENT
No requests received.
3. CONSTRUCTION AND DESIGN
No requests received.
4. COUNTY COMMISSIONERS
No requests received.
5. COUNTY LANDS
A)
ACTION REQUESTED/PURPOSE:
Consider the Conservation 20/20 Blue Ribbon Committee’s (BRC) request to extend the
Sunset date of the BRC Special Task Force from November 1, 2012 to December 31,
2012.
(#20120868-COUNTY LANDS)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Allows BRC additional time to evaluate the program and provide recommendations to the
Board.
MANAGEMENT RECOMMENDATION:
At the will of the Board.
DURING THE ANNOUNCEMENTS PORTION OF THE MEETING, THE CHAIRMAN ANNOUNCED THAT
Administrative Agenda Item 5A should be
deferred for one week
in order to give the Blue Ribbon Committee an
opportunity to vote on the issue of extending the Sunset date from November 1, 2012 to December 31, 2012.
Commissioner Judah moved approval to defer Administrative Agenda Item 5A for one week, seconded by
Commissioner Hall, called and carried with Commissioner Bigelow absent.
6. HUMAN SERVICES
No requests received.
7. INDEPENDENT
A)
ACTION REQUESTED/PURPOSE:
Adopt a Resolution providing for amendments to Lee County Administrative Codes (AC)
4-1 (Purchasing Policy and Procedures Manual) and AC 4-4 (Contracts Manual) and
specifically exempting procurement activity involving Federal Transit Administration
grant funding from the application of the Local Vendor Preference Ordinance 00-10, as
amended by Ordinance 06-28.
(#20120871-PROCUREMENT MANAGEMENT)
FUNDING SOURCE:
N/A.
WHAT ACTION ACCOMPLISHES:
Specifically exempts or otherwise prohibits the application of the Lee County Local
Vendor Ordinance to procurement activity/solicitations for goods and services that are or
will be funded by Federal Transit Administration grant funds. Adopting the proposed
administrative code amendments will allow Lee County Transit to comply with the federal
grant requirements as requested and required in response to the recently completed Federal
Transit Administration audit. The proposed amendments will also eliminate a potential
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----APPROVED MINUTES OF 100912R------------------------------------
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impediment, based upon non-compliance with federal regulations, to obtaining additional
FTA grant funds.
MANAGEMENT RECOMMENDATION:
Approve.
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried with Commissioner
Bigelow absent.
RESOLUTION NOs.12-10-08 & 12-10-09
8. NATURAL RESOURCES/SOLID WASTE
No requests received.
9. PARKS AND RECREATION
No requests received.
10. PUBLIC SAFETY
No requests received.
11. PUBLIC WORKS ADMINISTRATION
No requests received.
12. TRANSPORTATION
A)
ACTION REQUESTED/PURPOSE:
Provide direction to staff on whether to proceed with construction of a roundabout at the
intersection of Beth Stacey Blvd. and Business Way in Lehigh Acres vs. a more
conventional intersection improvement, i.e. widening to provide turn lanes and a future
traffic signal.
(#20120819-TRANSPORTATION)
FUNDING SOURCE:
No funds required for this action.
WHAT ACTION ACCOMPLISHES:
Identifies the specific improvement to be pursued and authorizes construction funding to
be programmed out of the major intersection fund in 2012/13 or a future year.
MANAGEMENT RECOMMENDATION:
Proceed with a roundabout.
Commissioner Hall moved approval, seconded by Commissioner Judah, called and carried with Commissioner
Bigelow absent.
13. UTILITIES
No requests received.
14. COUNTY ATTORNEY
A)
ACTION REQUESTED/PURPOSE:
Request direction to the County Attorney's office on execution of a proposed Settlement
Agreement in the amount of $1,675,000 in
Hendry Creek Park, LLC
v. Lee County and
Reliance Bank, FSB, Case No. 10-CA-4744. A draft of the Settlement Agreement is
attached as Exhibit 1.
(#20120852-COUNTY ATTORNEY)
FUNDING SOURCE:
No funding source identified.
WHAT ACTION ACCOMPLISHES:
Transfers the subject property to Lee County and settles all claims for damages for an
alleged taking of property under the Bert J. Harris, Jr. Private Property Rights Protection
Act, Florida Statutes section 70.001 (Bert Harris Act), including fees and costs.
MANAGEMENT RECOMMENDATION:
The County Attorney's Office is required by law to present the settlement offer to the
Board; however, the County Attorney's Office makes no recommendation for or against
settlement.
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Responding to questions and comments by the Board regarding whether there was the potential for additional
litigation similar to the subject case, Assistant County Attorney Susan Henderson stated that changes in the properties
were solely the result of FEMA Flood Maps. Following brief discussion, Commissioner Mann moved approval,
seconded by Commissioner Manning for discussion. The motion was called and carried with Commissioner Judah
voting nay and Commissioner Bigelow absent.
15. HEARING EXAMINER
No requests received.
16. CONSTITUTIONAL OFFICERS
No requests received.
17. PORT AUTHORITY AND OTHER GOVERNING BOARDS
No requests received.
9:30 AM PUBLIC HEARING NO. 1
1. ACTION REQUESTED/PURPOSE:
Conduct a Public Hearing to adopt a Resolution on the Petition to Vacate a portion of the
drainage/maintenance easement located across Lot 10, Swan Lake South Subdivision, Fort Myers,
Florida (Case No. VAC2012-00003).
(#20120735-COMMUNITY DEVELOPMENT)
FUNDING SOURCE:
No funding required.
WHAT ACTION ACCOMPLISHES:
Extinguishes a portion of the drainage/maintenance easement to facilitate the construction of a
proposed swimming pool. The vacation of this easement area will not alter existing drainage and
utility conditions and the easement is not necessary to accommodate any future drainage and
utility requirements.
MANAGEMENT RECOMMENDATION:
Approval.
Assistant County Attorney Susan Henderson approved as to legal form and sufficiency, the
Affidavit of Publication
for this item, and briefly reviewed the request. Commissioner Judah moved approval, seconded by Commissioner
Hall. The Chairman called for public comment; however, no one came forward. The motion was called and carried
with Commissioner Bigelow absent.
RESOLUTION NO.12-10-10
9:30 A.M. PUBLIC HEARING NO. 2
2. ACTION REQUESTED/PURPOSE:
Conduct a Public Hearing to adopt a Resolution on the Petition to Vacate the public interest in a
twelve foot (12') wide Public Utility Easement (PUE) located at 15384 and 15392 Old Pine Court,
Fort Myers, Florida.
(#20120682-CONSTRUCTION AND DESIGN)
FUNDING SOURCE:
No funding required.
WHAT ACTION ACCOMPLISHES:
Extinguishes an interior platted PUE. This easement vacation is to enable the combination of two
(2) platted residential parcels for use as a single, larger residential lot for future construction of a
residence over the former PUE. There are no utilities existing in the easement and the easement is
not necessary for future utility installation.
MANAGEMENT RECOMMENDATION:
Assistant County Attorney Susan Henderson approved as to legal form and sufficiency, the
Affidavit of Publication
for this item, and briefly reviewed the request. Commissioner Judah moved approval, seconded by Commissioner
Mann. The Chairman called for public comment; however, no one came forward. The motion was called and carried
with Commissioner Bigelow absent.
RESOLUTION NO.12-10-11
9:30 AM PUBLIC HEARING NO. 3
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3. ACTION REQUESTED/PURPOSE:
Conduct a Public Hearing to adopt a Resolution on the Petition to Vacate the public interest in a
ten foot (10') wide Public Utility Easement (PUE) located at 6026 Pompano Street, Fort Myers,
Florida.
(#20120685-COMMUNITY DEVELOPMENT)
FUNDING SOURCE:
No funding required.
WHAT ACTION ACCOMPLISHES:
Extinguishes an interior platted PUE (Public Utility Easement). This easement vacation will
enable the use of four (4) combined lots as one (1) single-family parcel and facilitate the issuance
of an after-the-fact permit for an existing storage shed. There are no utilities existing within the
easement and the easement is not needed for future utility installation.
MANAGEMENT RECOMMENDATION:
Assistant County Attorney Susan Henderson approved as to legal form and sufficiency, the
Affidavit of Publication
for this item, and briefly reviewed the request. Commissioner Judah moved approval, seconded by Commissioner
Hall. The Chairman called for public comment; however, no one came forward. The motion was called and carried
with Commissioner Bigelow absent.
RESOLUTION NO.12-10-12
WALK ON ITEM NO. 1
1. ACTION REQUESTED/PURPOSE:
With respect to B-12-19 U.S. 41 AND PALM AVENUE 12" WATER MAIN:
1) Approve award of B-12-19 to the lowest responsive, responsible bidder meeting all bid
requirements,
Denco Construction, Inc.
(a local contractor), in the amount of $773,375.00 with a
project completion time of 210 calendar days.
2. Authorize Chair to execute agreement with Denco Construction, Inc. on behalf of the Board
upon receipt.
3) Grant the Lee County Utilities Director the discretion to approve expenditures for construction
contingency and other incidental project costs in an amount not to exceed $77,337.50 (10% of the
construction bid).
(#20120910-UTILITIES)
FUNDING SOURCE:
Fund –Utilities Capital Improvement; Program –Capital Projects; Project – US 41 (Palm Ave.
Watermain – Betmar to Hancock).
WHAT ACTION ACCOMPLISHES:
Provides a contractor for the construction of approximately 5000 feet of 12” water main on U.S.
41 and Palm Avenue from Betmar Blvd to Hancock Bridge Parkway. It shall include connections
to existing mains at both ends, interconnection to existing mains at intermediate locations and
miscellaneous valves, hydrants, and other necessary appendages.
MANAGEMENT RECOMMENDATION:
Approve.
REASON FOR WALK ON:
Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried with Commissioner
Bigelow absent.
CARRY-OVER ITEM NO. 1
1. ACTION REQUESTED/PURPOSE:
Approve the automatic renewal of
Contract No. 5706
and approve the new Service Agreement with
Motorola Inc. for the 800 MHz P25 Digital Radio System, in the amount of $462,399.96 a year for
a period of three (3) years, effective October 1, 2012 to September 30, 2015.
(#20120732-PUBLIC
SAFETY)
FUNDING SOURCE
Fund: Government Communications Network (GCN)--Program: Public Safety Government
Communications Network (GCN)--Project: Radio Maintenance.
WHAT ACTION ACCOMPLISHES
Provides the Public Safety Division continued maintenance services for the 800 MHz P25 Digital
Radio System.
MANAGEMENT RECOMMENDATION
Staff recommends approval.
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REASON FOR CARRY OVER:
Deferred by the Board for two weeks on September 25, 2012.
C
Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried with Commissioner
Bigelow absent.
2. ACTION REQUESTED/PURPOSE:
Approve the automatic renewal of
Contract No. 4624
and approve the new Service Agreement with
Motorola, Inc., for Maintenance and Support for Premier Computer Aided Dispatch (CAD) and
Premier Mobile Data Computer (MDC), in the amount of $237,846 for a period of one (1) year,
effective October 1, 2012 to September 30, 2013.
(#20120818-PUBLIC SAFETY)
FUNDING SOURCE
Fund- General Fund; Program-Public Safety-Dispatch; Project-Communication Maintenance.
WHAT ACTION ACCOMPLISHES
Provides the Public Safety Division continued maintenance services and support for the Premier
CAD and Premier MDC System used by Emergency Communications Dispatch.
MANAGEMENT RECOMMENDATION
Approve.
REASON FOR CARRY OVER:
Deferred by the board for two weeks on September 25, 2012.
Commissioner Judah moved approval, seconded by Commissioner Hall, called and carried with Commissioner
Bigelow absent.
COMMISSIONERS ITEMS
MEDSTAR ISSUE-Commissioner Mann stated his dissatisfaction with the handling of the abrupt
shutdown of a critically essential service, and further advised of a motion he planned to offer regarding the issue at the
next regular Board Meeting.
COMPREHENSIVE ECONOMIC DEVELOPMENT STRATEGY PLAN (CEDS)-Commissioner
Manning requested approval by the Board to send a
letter
to the Regional Director of Economic Development
Administration in support of the Southwest Florida Regional Planning Council’s 2012-2017 Comprehensive
Economic Development Strategy Plan. Commissioner Hall moved approval, seconded by Commissioner Mann,
called and carried with Commissioner Bigelow absent.
KUDOS TO ONE VOICE of LEHIGH ACRES-Commissioner Judah gave Kudos to One Voice, Bike
Walk Lee and Office of Sustainability Staff for collaborative efforts in achieving approval for the roundabout at Beth
Stacey Boulevard and Business Way Road, signifying a new direction to be taken with regard to infrastructure
improvements with community road and transportation networks.
LEED CERTIFICATION FOR JET BLUE PARK-Commissioner Judah remarked that achieving the
LEED Certification for Jet Blue Park provided tremendous economic impact and enhancement to the Community, and
joined by Assistant County Manager Doug Meurer, thanked all involved in attaining the Leadership in Engineering
and Environmental Design Certification (LEED).
COMMITTEE APPOINTMENTS
Commissioner Mann moved on behalf of Commissioner Hall to reappoint Jerry Turano to the
CONSTRUCTION LICENSING COMMITTEE,
to reappoint Eva Ramage to the
PALMONA PARK
LIGHTING UNIT
, and to reappoint Michael Ekblad to the
LAND DEVELOPMENT CODE COMMITTEE,
seconded by Commissioner Judah, called and carried with Commissioner Bigelow absent.
Commissioner Manning requested a motion to appoint Scott J Kashman to the
COMMUNITY
SUSTAINABILITY COMMITTEE.
Commissioner Mann moved approval, seconded by Commissioner Judah,
called and carried, with Commissioner Bigelow absent.
Commissioner Judah moved to reappoint Charlotte Rae Nicely to the
COMMUNITY ACTION
AGENCY/NEIGHBORHOOD DISTRICT COMMITTEE,
and to appoint Rebecca Hines to the
COMMUNITY
ACTION AGENCY/NEIGHBORHOOD DISTRICT COMMITTEE,
seconded by Commissioner Mann, called
and carried with Commissioner Bigelow absent.
Commissioner Mann moved to reappoint Bernard “Butch” McGovern to the
CONSTRUCTION
LICENSING ADVISORY COMMITTEE
, to appoint Paul E. Moreno to the
BICYCLE PEDESTRIAN
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ADVISORY COMMITTEE,
and to reappoint Damon Shelor to the
BICYCLE PEDESTRIAN ADVISORY
COMMITTEE,
seconded by Commissioner Judah, called and carried with Commissioner Bigelow absent.
COUNTY MANAGER ITEMS
County Manager Karen B. Hawes had no items for discussion.
COUNTY ATTORNEY ITEMS
County Attorney Michael B. Hunt had no items for discussion.
Public Presentation of Matters by Citizens
The Chairman called for public presentation of matters by citizens, and the following came forward:
Bokeelia Citizen-
James A. Hembree
commented on the MEDSTAR shutdown, ex-MEDSTAR
employees, and management.
Alva Citizen-
James D. English, Jr.
commented on surplus water management issues with the South
Florida Water Management District.
Cape Coral Citizen-
Dan Ceresa
commented on the MEDSTAR shutdown, ex-MEDSTAR employees,
and management.
Lehigh Acres Citizen-
Misty Turley
commented on the MEDSTAR shutdown, ex-MEDSTAR
employees, and management.
Cape Coral Citizen-
Scott Comer
commented on the MEDSTAR shutdown, ex-MEDSTAR employees,
and management.
Cape Coral Citizen-
Jason Ausman
commented on the MEDSTAR shutdown, ex-MEDSTAR
employees, and management.
Cape Coral Citizen/President of SWFL Professional Firefighters and Paramedics Local IAFF Union
1826-
Walt Stevens
commented on the MEDSTAR shutdown, ex-MEDSTAR
employees, and management.
Alva Citizen-
Fred Kobie
commented on Conservation 20/20 property management and a public
records request.
The Chairman adjourned the meeting 10:47 a.m.
ATTEST:
CHARLIE GREEN, CLERK
__________________________
Deputy Clerk
_____________________________
Chairman, Lee County Commission
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