District #1

John Manning
Vice Chair


District #2

Cecil L. Pendergrass


District #3

Larry Kiker



District #4

Brian Hamman



District #5

Frank Mann





Richard Wm. Wesch

County Attorney


Roger Desjarlais

County Manager




March 01, 2016




If you plan to address the Board, please complete a “Public Comment Card” located on the table outside the Chamber entrance. Completed cards should be returned to the Staff table at the right of the podium prior to the start of the meeting. Or you can submit your comment electronically by clicking on the agenda item below. Then click the “Make a Comment” button that appears in the right column. All back up for this agenda is available on the Internet at http://www.lee-county.com. PLEASE NOTE:  During this meeting the Board may convene and take action in its capacity as the Lee County Port Authority or the Lee County Government Leasing Corporation.



9:30 AM
















Invocation:  Rabbi Marc Sack, Temple Judea


Pledge of Allegiance


Ceremonial Presentations




                        Agenda Items

·                     Items to be pulled for discussion by the Board

o  Public comment on balance of items

·                     Motion to approve balance of items

·                     Consideration of items pulled for discussion

o  Public comment taken on each pulled item as it is considered


Public Hearings


Walk-ons and Carry-overs


            Commissioners' Items/Committee Appointments


County Manager Items


County Attorney Items


Public Presentation of Matters by Citizens


Work Session Update

·                     Public Comment on Work Session








Presentation of the 2015 Paulette Burton Citizen of the Year Award




Presentation recognizing Boys and Girls Club Week (#20160089-COMMISSIONER MANN)



Presentation recognizing Pace Center - Believing in Girls Month









Present report on selected financial activity for the month of January


(No funding required.):


This is a monthly, information report from the Clerk of Court’s Office that provides interim information on selected revenues, expenses, fund balances, reserves and investments. 2016 

(#20160086-CLERK OF COURTS)



Approve the Minutes for meetings of the Board of County Commissioners


(No funding required.):


Approves the Minutes for meetings of the Board of County Commissioners.

(#20160087-CLERK OF COURTS)



Approve and record County disbursements per Florida law


(No funding required.):


Chapter 136.06(1), Florida Statutes requires that all County disbursements be recorded in the Minutes of the Board. This is for the check and wire registers viewable on the Clerk’s website.

(#20160088-CLERK OF COURTS)







Direct two public hearings to approve a development agreement with The Place at Corkscrew, LLC.


(No funding required.):


Provides for two public hearings required by Chapter 163, Fla. Stat., in order to approve a development

agreement between Lee County and The Place at Corkscrew, LLC, owners and developers of the

Camprop-Corkscrew Farms Project. The proposed Development Agreement will provide for the dedication by the Applicant of a five (5) acre parcel of land located at the southeastern corner of the Property by deed to the County to be used for Fire and EMS purposes, which dedication will be of benefit to the County and the general public. The Development Agreement will also provide appropriate regulations for mitigation of the transportation impacts associated with the Project. The Agreement will remain in full force and effect for twenty (20) years from its Effective Date. (#20160066-COUNTY ATTORNEY)







Release of Temporary Construction Easement along Crescent Street (Town of Fort Myers Beach)


(All costs paid by requester.):


Approves release of a Temporary Construction Easement acquired in 1993 for the Times Square Recirculation Project in the Town of Fort Myers Beach that was utilized during construction of the road and is no longer needed by Lee County DOT. (#20160067-COUNTY LANDS)







Approve FY14-15 Indirect Cost Plan and Charges


($9,379,669; Reimbursement to the General Fund by other operating funds. This amount will be charged to the various departments in fiscal year 2016-2017.):


Approves the FY14-15 Indirect Cost Plans and authorizes payments to reimburse the General Fund for services it provides to other funds. These costs are known as "indirect costs" and pay for such things as legal services, financial services, administration, maintenance and repair and accounting systems. The amount recommended for General Fund reimbursement from the FY14-15 Indirect Cost Plan is $9,379,669. (#20160078-COUNTY MANAGER)



Approve underwriter selection for Solid Waste System Bonds Refinancing


(Fees paid from Bond Proceeds – Costs of Issuance. Approximately $70 million of bonds to be refinanced; the bonds mature in 2026.):


Selects underwriting team for the Solid Waste System Revenue Bond, Series 2016; Merrill Lynch, Pierce, Fenner & Smith Inc. (Bank of America) (Senior Manager), and  Citigroup Global Markets, Inc . (Co-Manager), and RBC Capital Markets, LLC (Co-Manager).  The bonds being refinanced were originally issued to pay for the third municipal waste combustion unit increasing the capacity from 1200 tons per day to 1836 tons per day.   Potential overall savings from a current refinancing ranges from 7% to 12.90%.   The refinancing is done to term (2026), meaning the existing maturities are not extended.




Approve policies discussed at the Feb. 16, 2016 Deepwater Horizon Oil Spill Funds Work Session


(No funding required.):


Documents the Board’s discussion from its Feb. 16, 2016 Deepwater Horizon Oil Spill Funds Work Session. (#20160099-COUNTY MANAGER)



Approve $125,000 transfer from Tourist Development Tax reserves for digital marketing campaign


(Fund - Tourist Development Tax – Reserves GC5890117400.509910 (Promotion & Advertising Reserve); not included in FY15-16 budget.):


Provides the Visitor & Convention Bureau with additional funds from the Tourist Development Tax reserves for an additional FY 2015-16 digital marketing campaign in key markets in the amount of $125,000. (BoCC Strategic Priority #5 - Tourism) (#20160096-VISITOR AND CONVENTION BUREAU)







Approve FDEP Grant Agreement for Bonita Beach Nourishment


($533,910; Capital Improvement Tourist Development Beach Projects; Not included in 15/16 budget. Capital Improvement – Bonita Beach Renourishment; Non-Departmental - 42303900100 and 40303900100 and Beach Renourishment Trust Fund - 40068630101.):


Provides reimbursement to TDC Beach Renourishment  Trust Fund (to be used for future beach nourishment projects), and the City of Bonita Springs for FY11-FY15 expenses for the Bonita Beach Renourishment Project, and provides 37% for future monitoring and compliance expenses up to the total awarded state amount of $533,910. (#20160056-NATURAL RESOURCES)



Approve creation of the Punta Rassa Boat Ramp Repair major maintenance project  


($550,000; Florida Boater Improvement Program Fund; Not included in FY 15/16 Budget.):


Provides budget for Punta Rassa Boat Ramp repairs.  Work will include design, permitting, replacement of the concrete ramps, repair of the scour protection, replacement of docks where necessary, and construction oversight. (#20160059-NATURAL RESOURCES)



Approve a FDEP Grant for the Spanish Creek at Daniels Preserve Restoration Project


($300,000; CIP General Fund; Not included in budget; Water Quality, Partnerships.):


Approval will allow Lee County to receive a grant of $300,000 from the Florida Department of Environmental Protection to assist with the funding of the Spanish Creek at Daniels Preserve Restoration project. (#20160065-NATURAL RESOURCES)







Approve contract award for Park and Playground Equipment


($300,000; General; Included in budget.):


Approve award of Project No. PB160172 for Parks and Recreation to utilize the pricing on the School District of Manatee County No. 16-0025-MR-11 Park and Playground Equipment for the purchase of playground equipment for Veterans Park and various shade structures for some of the other Parks with a total cost of approximately $256,000. The balance of the not-to-exceed $300,000 will allow Parks and Recreation to be able to purchase and replace any equipment or repairs that may be needed for the remainder of the fiscal year. (#20160054-PARKS AND RECREATION)    







Adopt a Resolution to amend Lee County Administrative Code AC 4-4 Contract Manual


(No funding required.):


Adopts a resolution incorporating several administrative code amendments to Section 6 of the Lee County Contracts Manual.  These amendments will modernize this Section of the Manual bringing it into compliance with the latest Florida Statutes, allow for more transparency to the vendor community, and streamline the processing of projects of varying types. (#20160079-PROCUREMENT MANAGEMENT)







Accept grant funds in the amount of $100,000 from the Florida Division of Emergency Management


($100,000; Fund-General Fund Grant; Not Included in FY15-16 budget.):


Authorizes Chair to execute a Subgrant Agreement for Florida Urban Search and Rescue Task Force 6, which will allow needed equipment and training to be obtained for the Urban Search and Rescue Team through the grant’s expiration date of December 31, 2016.  All equipment to be donated to the Urban Search and Rescue Team. (#20160060-PUBLIC SAFETY) 



Approve renewal of property use agreement for disaster response with Messiah Lutheran Church


(No funding required.):


Renewal of this agreement, voluntarily and without further compensation, grants Lee County permission for the temporary use of Messiah Lutheran Church property, located at 2691 NE Pine Island Rd., North Fort Myers, FL  33909, for emergency relief and recovery efforts for a period of five years.

(#20160076-PUBLIC SAFETY)



Approve renewal of property use agreement for disaster response with Fish Tale Marina LLC.


(No funding required.):


Renewal of this agreement, voluntarily and without further compensation, grants Lee County permission for the temporary use of Fish Tale Marina LLC. property located at Santini Marina Plaza, 7225 Estero Blvd., Fort Myers, Fl 33931, for emergency relief and recovery efforts. (#20160077-PUBLIC SAFETY)







Award B-160078 Contract 2 for Resurfacing Roadway Improvements to Community Asphalt Corp.


($687,824; Gas Taxes; Included in budget; Transportation.):


Award project B-160078 Resurfacing Roadway Improvements Contract 2 FY 16 to Community Asphalt Corp. in the amount of $687,824, for the resurfacing of various local streets in Lee County.





Award B-160050 Pipe Lining System contract with Shenandoah General Construction


($250,000; Unincorporated MSTU; Included in budget.):


Approves the award of B-160050 Storm Water Drainage Pipe Lining for DOT Operations to the following

vendor Shenandoah General Construction Co. (a local vendor) to provide DOT with a pipe lining system that allows for repair rather than replacement of existing storm water pipes. This includes line cleaning and video inspection of storm water systems, purchase and installation of resin impregnated cured-in-place pipe lining and purchase and installation of polyethylene pipe lining. (#20160073-TRANSPORTATION)



Accept responsibility of a portion of the Surface Water Management System within Eagle Ridge


(No funding required.):


Formally accepts and outlines maintenance of the Surface Water System within the Eagle Ridge community. (#20160074-TRANSPORTATION)



Approve Bid Waiver W-160140 for the purchase of Cartegraph software for DOT


($400,202.45; Enterprise; Gas Taxes and Unincorporated MSTU; Included in budget.):


Waives the formal bidding procedure to allow DOT to purchase software upgrades and annual software support from Cartegraph Systems, Inc.  Authorizes DOT to enter into Agreements for a contract period of three (3) years with a total expenditure not to exceed $400,202.45. (#20160080-TRANSPORTATION)







Approve budget amendment for the approved Clean Water State Revolving Fund (SRF) Loan


(No funding required.):


Provides a budget amendment to receive SRF Loan disbursements and allows the Chair to sign monthly reimbursement requests for the Three Oaks Wastewater Treatment Plant Improvements.






Vacate the public interest in unimproved platted right of way, 1330 San Souci Dr., Fort Myers


(No funding required.):


The proposed vacation will extinguish the public interest in the remaining unimproved right of way omitted by the original Petition To Vacate, case #82-6. (#20160070-COMMUNITY DEVELOPMENT)



Update The Capital Improvement Element Tables 3, 3a, and 4 in the Lee Plan


(No funding required.):


Incorporates the Lee County 2015 Capital Improvement Plan approved by the Board of County Commissioners on September 15, 2015 and the Lee County School District’s 2015 Facilities Work Plan approved by the School Board on March 15, 2015 into the Lee Plan.  This action is in accordance with Chapter 163 of the Florida Statutes. (#20160071-COMMUNITY DEVELOPMENT)