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




October 18, 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:  Pastor David Yannatone, First Assembly of God


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


10:30 AM          Convene as Board of Port Commissioners for Selection of Executive Director


Recess until 5:00 PM




Presentation of the 3rd Quarter 2016 Employee Length of Service Awards









Approve Amendment to External Fee EX 2-5 to Remove State Contractor Registration Fee


(No funding required.):


Removes fee charged to register State license, insurance certificates, and authorized signer information with Lee County Contractor Licensing Office. (#20160551-COMMUNITY DEVELOPMENT)







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.

(#20160576-CLERK OF COURTS)







Revise benefits plan for a change for one employee


(Medical Benefits Fund; $38,610; available in fund balance.):


Resolves post-retirement subsidy issue by updating the Summary Plan Document to permit the subsidy of retiree health benefits for an employee hired after December 31, 2007.  This is to mitigate legal liability due to a dispute over post-employment benefits with employee Tina Taviano.




Direct to Public Hearing the Termination of Development Agreement for Alico Interchange Park DRI




The proposed Termination Agreement will terminate the Development Agreement and provide for the distribution of previously paid traffic mitigation payments through the issuance of roads impact fee credits in the amount of $9,584,657, plus interest in the amount of $892,702, for a total of $10,477,359 in impact fee credits. (#20160560-COUNTY ATTORNEY)







Provide grant to the SWFL Community Foundation for the County's Arts and Attractions program


($300,000; Tourist Development Tax; Included in budget.):


Allows the Visitor & Convention Bureau to distribute $300,000 to the SWFL Community Foundation for administration of Lee County’s Arts and Attractions Program. This year thirty-nine (39) non-profit attractions will receive a portion of the funds to market their events or attractions to out-of-market visitors. The Tourist Development Council recommended funding approved applicants at its June 2016 meeting and the Community Foundation approved the list of recipients at its September 2016 meeting.





Consider appointments to the Lee County Industrial Development Authority


(No funding required.):


Appoints four (4) of the seven (7) members of the Lee County Industrial Development Authority (IDA). The IDA was established in 1975, under Part III of Chapter 159 of the Florida Statutes, for the primary purpose of fostering economic growth by issuing tax-exempt bond financing for manufacturing facilities, certain exempt water & sewer projects, solid waste and hazardous waste facilities, and tax-exempt 501 (C)(3) non-profit organizations. (#20160569-ECONOMIC DEVELOPMENT)







Approve a Pre-Construction Manager Agreement for Trail Dairy EMS Station


($29,693; EMS Impact Fees; Included in budget.):


Approves a pre-construction management services agreement under RFQ 150187 with Stultz, Inc. (a local contractor) for pre-construction services for the Trail Dairy EMS Station project in the amount of $29,693. These services include signed and sealed engineering and architectural shop drawings. The project entails the construction of a 1,500 square foot modular EMS station in North Fort Myers.  EMS #31 station will relocate from the North Fort Myers Fire Control and Service District (NFMFD) station to this new station due to overcrowding. The new EMS station will be placed on approximately one acre of the existing site as approved through an Interlocal Agreement with NFMFD.  This project was planned and is included in the Fiscal Year 2015/2016 and 2016/2017 EMS Impact Fee budgets.  The total cost to design, permit and construct the facility is $750,000.




Award Formal Bid for Chiller Replacement at the Administration/Old Court House Buildings


($764,000; General Fund; Included in budget.):


Awards Formal Bid No ITB-160612/AB, Admin/Old Court House Chiller Replacement, to Air Mechanical & Service Corp., in the amount of $764,000, to remove the existing chillers, cooling towers and associated equipment and install new chillers, cooling towers and associated equipment for the Administration/Old Courthouse Buildings.  Replacement of the chiller equipment was planned and budgeted.




Approve award of a Construction Manager at Risk Agreement for the North Fort Myers and Bonita Springs Libraries with DeAngelis Diamond Construction, LLC for the Pre-Construction phase


($40,000 for the North Fort Myer Library and $50,000 for the Bonita Springs Library; Library Construction Fund; Included in the budget.):


Approves the Pre-Construction Phase Construction Management Agreements (CMA) for Solicitation No. CN160518LKD, Construction Manager at Risk, for the North Fort Myers Library in the amount of $40,000, and the Bonita Springs Library in the amount of $50,000, with DeAngelis Diamond Construction, LLC for a term of 300 calendar days for each.  During the Pre-Construction phase the Guaranteed Maximum Price (GMP) will be developed for construction/completion of the projects and a contract amendment for each will be presented to the Board for approval at a later date.  The total budget to design, permit and construct the North Fort Myers Library is $12,500,000 and the total budget for the Bonita Springs Library is $14,100,000. (#20160577-FACILITIES CONSTRUCTION AND MANAGEMENT)







Award Formal Bid for Ford Vehicles


(Funding in accordance with County’s adopted budget; available from various Department accounts.):


Awards Formal Bid No. ITB160545/RDF Annual Purchase of Ford Vehicles to Sam Galloway Ford, Inc. for the purchase of Ford cars, vans, trucks and sport utility vehicles on an as-needed basis.








Approve Annual Merit Increases for the County Manager and the County Attorney


(General Fund; Included in operating budget.):


Approves the merit increases for the County Manager and the County Attorney for their performance and contributions to the organization in accordance with their respective First Amendment to Employment Agreements executed on October 20, 2015. (#20160550-HUMAN RESOURCES)



Award contract for COBRA and FSA benefit plans to Aetna Life Insurance Company/PayFlex


(Estimated annual employer cost is $22,249 resulting in a 23% decrease; Included in budget.):


Approves the ranking of firms and authorizes the execution of a three-year contract with the top ranked firm, Aetna Life Insurance Company/PayFlex, for Request for Proposals No. RFP160432/RDF, Employee COBRA and FSA Benefit Plans.  Provides comprehensive COBRA and FSA benefit plans for employees as administered by Human Resources commencing on January 1, 2017. Contract is for three years with three optional one-year renewals. Authorizes the Chair to sign the Application necessary to finalize the contract. (#20160578-HUMAN RESOURCES)



Approve extensions and renewals of Group Health and Life Insurance contracts


(Funding will come from employer and employee premiums in the health plan accounts; and from employer contributions for basic life AD&D and employee contributions for optional life.):


Extends the terms of the annual contracts for Group Health Insurance Program and Group Medicare Advantage Plans with Prescription Drug Coverage for Retirees, under competitively bid annual contracts RFP-11-07 and RFP-11-14, through December 31, 2017. Renews the terms of the annual contract for Basic Group Life, AD&D and Optional Life under competitively bid annual contract RFP-11-14. Extensions provide staff time to process new solicitations for each of these coverages.








Approve contracts for substance abuse/mental health treatment services/children's medical exams


($5,183,461; General Fund; Included in budget.):


Approval will provide county funding up to $5,183,461 to purchase mental health and substance abuse services; Adult Criminal Drug Court treatment services; and initial medical exams/consultations for allegedly abused children. Authorizes sub-recipient contracts with SalusCare and Children's Advocacy Center. (#20160541-HUMAN SERVICES)







Gator Hole Preserve Land Management Plan, Second Edition


($12,283 annually; Capital Improvement-Environmentally Sensitive Land Management; Included in budget.):


The recently completed ten year update of Gator Hole Preserve Land Management Plan, Second Edition, outlines management and recreational objectives, describes what has occurred, on-going projects and future management plans. (#20160535-PARKS AND RECREATION)







Approve submittal of EMS County Grant application for funds to improve EMS pre-hospital system


($94,628; No county match required; Special Revenue; Not Included in budget.):


Approval of this action allows Lee County EMS to apply for and accept the EMS County Grant funds in the amount of $94,628.  Approval and execution of this grant allows Lee County EMS to use the awarded funds to pay for medical equipment for EMS operations and training; field information technology improvements; provide support to Lee County Injury Prevention Coalition, specifically drowning prevention, bicycle/pedestrian safety; purchase Lee Tran bus tickets for homeless and indigent persons requiring transportation for medical care (distribution to be managed by Human Services and Lee Memorial Health System). The grant is not guaranteed, and the amount clear until the grant notice is issued by FDOH. It is not included in the department's budget each year, and does not supplant projects or funding already allocated through the standard budgeting process. (#20160552-PUBLIC SAFETY)



Approve a Property Use Agreement with BRE/Southseas Resort Owner LLC for emergency response


(No funding required.):


Renewal of this agreement, voluntarily and without further compensation, grants Lee County permission for the temporary use of BRE/Southseas Resort Owner LLC property, located at 5400 South Seas Plantation Road, Captiva, FL, for emergency response, relief, and recovery efforts for a period of five (5) years with the option to renew for an additional period of five (5) years under the same terms and conditions with the execution of a new agreement. (#20160553-PUBLIC SAFETY)







Approval of Downtown Fort Myers Trolley Grant


(Enterprise Fund; LeeTran Fixed Route; $165,133 Included in the FY 2016-2017 operating budget.):


Allows LeeTran to receive $495,400 in FY 2016-2017 to FY 2018-2019 matching funds under the Florida Department of Transportation Service Development Grant program and allows for the operation of the Fort Myers River District Trolley routes for a period of 3 years. The City of Fort Myers will contribute the required 50% matching funds. (#20160556-TRANSIT)



Authorize Federal Alternative Fuel Credit Claims for propane fuels used in ADA/Passport Fleet


(Enterprise Fund; Transit; Included in operating budget.):


Allows Lee Tran to file claims for the Federal Alternative Fuels Credit to reduce the cost of propane fuel used in LeeTran’s ADA/Paratransit fleet.  The credit is estimated to be approximately $47,000 in calendar year 2016. (#20160558-TRANSIT)







Approve an Amendment to the Traffic Signal Reimbursement Agreement with FDOT


(No funding required.):


Executes an Amendment to an existing agreement with FDOT for Traffic Signal Reimbursement for 121 signals on state roadways.  The Amendment is being offered in response to feedback received from maintaining agencies throughout the State.  The main changes incorporated into this Amendment are changes in responsibility for pursuing third party damage insurance from County to FDOT, changes periodic mast arm maintenance responsibilities – County performs preventative maintenance and FDOT handles any major repairs/maintenance. Also reduces the requirement of preventive maintenance, decreases mandatory inspections to 50% of the signals (was 100%) per year.





Approve a Supplemental Task Authorization to perform overhead sign inspections


($149,951; Gas Taxes; Included in budget.):


Approves a Supplemental Task Authorization (STA) in the amount of $149,951 for CDM Smith, Inc. to perform countywide overhead sign structure inspections on 36 major overhead and cantilever sign structures.  Based on the findings of the inspections, $130,000 has been allocated each year in the Major Maintenance Program to address signs that need to be repaired or replaced. (#20160581-TRANSPORTATION)







Approve the Fourth Amendment to the Verizon Wireless Tice Water Tower Site License Agreement


($44,808.01; LCU Enterprise Fund; Included in the FY15-16 budget.):


Approves the fourth amendment to the Verizon Wireless Tice Water Tower Site License Agreement to allow them to add new equipment and upgrades to the tower.  The County will receive an increase of $4,800, commencing October 1, 2016, for a total annual license fee of $44,808.01. The licensee fee will continue to escalate by three percent (3%) annually.  Verizon Wireless will also pay an application fee of $1,000 within 45 days following execution of the amendment. The Second Amendment set the final extension term to expire on July 31, 2017 and allowed for one additional five year automatic extension. (#20160573-UTILITIES)



Award Formal Bid to Myerlee Gardens Gravity Main Replacement


($177,967; Utilities Rehabilitation & Replacements; Included in budget.):


Awards project ITB 160414LC, Myerlee Gardens Gravity Main Replacement, to Southwest Utility Systems, Inc., in the amount of $161,788 to construct and provide for new installation of approximately 440 linear feet (LF) of 8” PVC SDR 26 gravity main and infrastructure on Sandtrap Drive and Myerlee Gardens Avenue in order to redirect flow from a failing main in the Myerlee Gardens subdivision in Fort Myers.  Scope of work additionally includes addressing the failing main through cleaning, grouting, and disconnection from the existing collection system. (#20160580-UTILITIES) 



Approve 15-Year Loan for Advanced Metering Information System


($17,637,000 State Revolving Loan; $5,250,712 Utility Fund Reserves; Included in budget.):


Authorizes a State Revolving Fund (SRF) Loan Application and attending Resolution designating the Chair as the authorized representative to sign loan documents for the Advanced Metering Information (AMI) System, SRF Project No. DW3602A. This application will secure a 15-year low interest (0.87%) loan that, along with $5,250,712 of capital reserves, will fund the purchase and installation of AMI system Countywide (project approved by the BoCC on September 6, 2016).  Staff recommends entering into a 15-year term loan given the benefit of a historically low interest rate.  The SRF loan is penalty-free for early retirement (prepayment), meets all of Lee County Utilities Financial Policy Metrics, and does not impact customer rates. (#20160585-UTILITIES)





Adopt an Amendment to the Tourist Development Tax Ordinance


(No funding required.):


Implements the Board’s direction to create a common reserve for Tourist Development Tax undesignated reserves. (#20160571-COUNTY MANAGER)





Convene as Board of Port Commissioners for the Lee County Port Authority




Schedules final review and selection of top candidate for Port Authority Executive Director position. On conclusion of interview and selection process, authorizes Board Liaison to enter into contract negotiations on behalf of the Board. (#20160572-PORT AUTHORITY)






First Public Hearing on Land Development Code (LDC) Regular Two-Year Cycle of Amendments


(No funding required.):


Satisfies the requirement to hold two public hearings to amend the LDC.  This request is for the regular two-year cycle of amendments for the LDC. It includes substantive changes along with minor clean up and corrections to Chapters 2, 6, 10, 14, 30, 32, 33 and 34, as more particularly described in the background and back up information. (#20160584-COUNTY ATTORNEY)