District #1

John E. Manning

 

District #2

Cecil L. Pendergrass

 

District #3

Larry Kiker

 

 

District #4

Brian Hamman

Chair

 

District #5

Frank Mann
Vice Chair

 
 


                                                                                                                                                                                                               

                                                                                                                                                                                                               

                                                                                                                                                       

Richard Wm. Wesch

County Attorney

 

Roger Desjarlais

County Manager

 


 

                                                                                                                                                                 

April 21, 2015

 
 

 


                                                                 

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.

 

COMMISSION CHAMBERS, 2120 MAIN STREET, FORT MYERS, FLORIDA

9:30 AM

 

 
 


                         

                       

           

 

 

 

 

 

 

 

 

 

 

Invocation:  Paul Lodato, WRXY TV CTN10 Christian Television

 

Pledge of Allegiance

 

Ceremonial Presentations

 

Recap

 

                        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

 

Adjourn


CEREMONIAL PRESENTATIONS

           

1.

Presentation recognizing Fair Housing Month (#20150182-COMMISSIONER MANN)         

 

2.

Presentation of the 2015 1st Quarter Employee Length of Service Awards

(#20150183-HUMAN RESOURCES)

 

AGENDA ITEMS

 

 

CONSTITUTIONAL OFFICERS

 

1.

Approve and record County disbursements per Florida law

 

(No funding required.):

 

Florida Statute Chapter 136.06(1) 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. 

(#20150189-CLERK OF COURTS)

 

2.

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.

(#20150190-CLERK OF COURTS)

 

 

 

COUNTY LANDS

 

3.

Grant a Utility Easement to FP&L Co. for Pinewoods Wellfield Electrical Upgrade Project No. 7607

 

(Closing Costs, including recording fees, are estimated to be $50.):

 

Grants a Utility Easement required by Florida Power & Light Company (FP&L), to provide an underground electrical service upgrade to Pinewoods Wellfield Project. Construction of this project is planned for the FY2015/16 for a total estimated project cost of $4,312,609. (#20150158-COUNTY LANDS)

 

4.

Approve purchase of Parcels 227 and 227PE for the Homestead Road Widening Project 5063

 

(Purchase Price: $3,250; Closing Costs, including recording fees and title expenses, are estimated to be $750; Road Impact Fees; Included in FY 2014/2015 CIP Budget. Transportation.):

 

Approve purchase in the amount of $3,250, for Parcels 227 (320 sq. ft. fee-simple), 227PE (320 sq. ft. slope easement) from an improved residential property, which are necessary for the Homestead Road Widening Project No. 5063. Construction of this 2.26 mile widening project is planned for the 2015/16 fiscal year. (#20150159-COUNTY LANDS)

 

5.

Accept donation of Parcel 101-DE for the Haviland Ave South Drainage Improvements Project

 

(Closing Costs, including recording fees, are estimated to be $50; Trust Fund; Included in the FY 2014/15 Budget. Transportation.):

 

Accept donation of Parcel 101-DE (1,250 sq. ft. drainage easement from a residential property), which is necessary for the installation of stormwater drainage improvements, in accordance with the Haviland Avenue South Drainage Improvements Project. Construction of project is planned for 2014/15 fiscal year.

(#20150160-COUNTY LANDS)

 

6.

Accept donation of Parcel 208A for the Ortiz Avenue Widening Project 4072

 

(Closing Costs, including recording fees, are estimated to be $100; Road Impact Fees; Included in

FY 2014/2015 CIP Budget; Transportation.):

 

Accept donation of Parcel 208A (3,306 sq. ft. fee-simple), a partial acquisition from an improved commercial property, which is necessary for the Ortiz Avenue Widening Project No. 4072 between Dr. Martin Luther King Jr. Blvd. and Luckett Road. Construction of this widening project is not funded in the 5-year Capital Improvement Program. (#20150169-COUNTY LANDS)

 


 

7.

Accept donation of Parcel 101-DE for the Dewberry MSTBU Operations & Maintenance Unit Project

 

(Closing Costs, including recording fees, are estimated to be $50 and are included in the budget.):

 

Accepts donation of Parcel 101-DE (475 sq. ft. Perpetual Stormwater Drainage Easement) from an improved residential property, for maintenance purposes,  necessary for the Dewberry MSTBU Operations & Maintenance Unit Project located in St. James City. . (#20150170-COUNTY LANDS)

 

8.

Accept donation of Parcel 102-DE for the Dewberry MSTBU Operations & Maintenance Unit Project

 

(Closing Costs, including recording fees, are estimated to be $50 and are included in the budget.):

 

Accepts donation of Parcel 102-DE (475 sq. ft. Perpetual Stormwater Drainage Easement) from an improved residential property, for maintenance purposes,  necessary for the Dewberry MSTBU Operations & Maintenance Unit Project located in St. James City. (#20150171-COUNTY LANDS)

 

9.

Accept donation of Parcel 100-DE for the Dewberry MSTBU Operations & Maintenance Unit Project.)

 

(Closing Costs, including recording fees, are estimated to be $50 and are included in the budget.):

 

Accepts donation of Parcel 100-DE (475 sq. ft. Perpetual Stormwater Drainage Easement) from an improved residential property, for maintenance purposes,  necessary for the Dewberry MSTBU Operations & Maintenance Unit Project located in St. James City. (#20150172-COUNTY LANDS)

 

10.

Approve purchase of Parcel 208B for the Ortiz Avenue Widening Project 4072

 

(Purchase Price: $2,500; Closing Costs, including recording fees, are estimated to be $850; Road Impact Fees; Included in FY 2014/15 CIP Budget; Transportation.):

 

Approve Agreement for purchase of Parcel 208B (596 sq. ft. fee-simple), a partial acquisition from an improved commercial property, which is necessary for the Ortiz Avenue Widening Project No. 4072 between Dr. Martin Luther King Jr. Blvd. and Luckett Road. Construction of this widening project is not in the 5-year Capital Improvement Program. (#20150173-COUNTY LANDS)

 

 

 

COUNTY MANAGER

 

11.

Amend incentive agreement with Hertz Corporation to reflect State's verification requirements

 

(No funding required; Economic Development.):

 

Revises the format in which the Company provides its average wage data to allow Company to meet its reporting obligations as specified in agreement while protecting certain confidential information. This format reflects the State’s employment verification requirements. This amendment also provides that Company will reimburse County for expenses incurred for onsite compliance auditing.

(#20150181-ECONOMIC DEVELOPMENT)

 

12.

Convey the completeLee Community Sustainability Plan to the Southwest Florida Community Foundation

 

(No funding required.):

 

Transfers ownership of, and responsibility for, the completeLee community sustainability plan to the Southwest Florida Community Foundation, Inc. This transfer will facilitate broader engagement of the many public and private entities throughout the community that will be pivotal in implementing the goals and objectives outlined in the completeLee plan. (#20150194-COUNTY MANAGER)

 


 

13.

Approve Board FY15-16 Draft Budget Policies

 

(Not applicable.):

 

This action formally approves the Board's policy direction from its April 7 Budget Work Session and codifies the assumptions to be used in developing the Continuation Budget for the first Draft Budget Work Session on June 2.  The policy direction is as follows:

 

1.  Reaffirm the Continuation Budget policy, which is to cost the existing service levels, without enhancements, from this year to next year.

 

2.  Identify a list of one-time, non-recurring expenses (typically major capital maintenance expenses or deferred equipment purchases) that could be funded with excess (above 20%) reserves.  The list of projects should not have increased operational impacts.

 

3.  Consider special funding requests and/or partnerships only after the Continuation Budget has been agreed upon.

 

4.  Provide the Board options for beginning to close an infrastructure funding gap, primarily for roads.

 

5.  Provide the Board funding options for concurrent design and construction of the Bonita Springs and North Fort Myers community libraries.

 

6.  Develop an internal loan policy for short-term funding needs.

 

7.  Schedule a work session on the distribution of the tourist tax within the statutory spending categories.

(#20150196-COUNTY MANAGER)

 

 

 

FACILITIES CONSTRUCTION AND MANAGEMENT

 

14.

Approve STA for Pine Island Commercial Marina Bid Process and Construction Services

 

($74,320; West Coast Inland Navigation District (WCIND); Included in FY 14/15 budget.):

 

This item is for the approval of an STA in the amount of $ 74,320.00 for professional services work by Coastal Engineering Consultants, Inc., (a local vendor) for Pine Island Commercial Marina Bid Process and Construction Services.  The added dollars of $74,320.00, brings the overall total of Coastal Engineering Consultants, Inc. contract No. 6181 to $123,366.00.  The engineering services to be performed by Coastal is to provide engineering design to replace the west L shape dock, repair the boat ramp, dredge the area around the marina and obtain all required permits.  The estimated cost for all of the improvements is $1,069,831 which is made up of the current budget of $980,000 ($200,000 from the Boating Improvement Fund and $780,000 from the General Fund to be reimbursed by WCIND) and previous costs of $89,831 from the General Fund.

(#20150168-FACILITIES CONSTRUCTION AND MANAGEMENT)

 

 

 

LIBRARY

 

15.

Receipt of State Aid Grant Funding and two donations

 

($689,307; Library; Not included in original budget.):

 

Recognizes the receipt of and approves a budget adjustment of $689,307 for the receipt of the first installment receipt of the State Aid to Libraries Grant that was approved on Blue sheet 20140508. The total grant award is $919,076.  Recognize the receipt of two donations, the first a Display Case donated by the Friends of Riverdale Library to Riverdale Library with a value of $399.99 to replace the one they donated over ten years ago.  The second is 300 coupons for Ice Cream Sundaes from Applebee's with a value of $807.00 for the Summer Reading Program (#20150164-LIBRARY)

 


 

 

NATURAL RESOURCES

 

16.

Approve amendment to DEP Agreement 10LE1, Lovers Key Beach Nourishment, extending expiration date to March 31, 2019

 

(N/A; All funding is in current budget.):

 

Provides time to complete Year 1, Year 2 and Year 3 Physical Post Construction Monitoring

(#20150163-NATURAL RESOURCES)

 

 

 

PARKS AND RECREATION

 

17.

Approve First Amendment to Joint Participation Agreement between Lee County and the State of Florida Department of Transportation

 

(Provides $42,500 from FDOT of funding for the project with total construction cost estimate anticipated at $168,000; $75,000 has previously been allocated. The remaining construction costs ($50,500) are anticipated in the Conservation 20/20 budget.):

 

Approves the First Amendment to the Joint Participation Agreement (a cost share agreement) that allows the State of Florida Department of Transportation to allocate the remaining funds from the original agreement. This partnership is for Phase II of the restoration project of a portion of the Six Mile Cypress Slough Preserve North, a Conservation 20/20 preserve. Upon completion of Phase II, Conservation 20/20 will be reimbursed by FDOT for their $117,500 ($75,000 + $42,500) total cost share towards this project.

(#20150167-PARKS AND RECREATION)

 

 

 

TRANSIT

 

18.

Approve Amendment to SIB Loan Agreement with Florida DOT for new Lee County Transit Facility

 

($1,406,645 principal and interest anticipated and due October 1, 2015. Remaining principal and interest will be budgeted and paid in FY15-16 ($1,406,645) and FY16-17 ($600,978.19).):

 

First Amendment to the State Infrastructure Bank (SIB) Loan Agreement acquired for the Lee County Transit Facility reduces the principal amount from $9,000,000 to $3,277,111 interest from $846,515 to $137,157 and reduces the loan repayment schedule from seven (7) to three (3) years. Total loan repayment including interest is $3,414,268.19. Repayment schedule is for three years and begins October 1, 2015.  LeeTran was able to use Federal Transit Administration (FTA) 5307 grant funds for this project reducing the amount of financing needed. The SIB loan payments will be 100% reimbursed from the 5307 grant funds. (#20150145-TRANSIT)

 

 

 

TRANSPORTATION

 

19.

Approve PB150151 for the purchase of an Altec Bucket Truck, $184,340.00

 

($184,340.00; Vehicle Replacement Fund; Included in Budget.):

 

Approves the purchase of one Altec Bucket Truck Model TA50 for use by the Traffic Division of DOT from Altec Industries, Inc. Total price, $184,340.00. (#20150174-TRANSPORTATION)

 

20.

Approve $203,462.00 for the purchase of two (2) Freightliner Dump Trucks for DOT

 

($203,462.00; Vehicle Replacement Fund; Included in Budget.):

 

Approves the purchase of two (2) Freightliner dump trucks for DOT.  Total cost for two (2):  $203,462.00.  This price is based on State of Florida Contract 070-700-11-1. (#20150176-TRANSPORTATION)

 

21.

Approve the purchase of a Midland Road Widener, $117,046.13

 

($117,046.13; Vehicle Replacement Fund; Included in Budget.):

 

Authorizes the purchase of a Road Widener for DOT at a total cost of $117,046.13.

(#20150177-TRANSPORTATION)

 


 

22.

Approve $95,010.81 for annual lease of 2015 Vac-Con Truck for DOT Operations for five years

 

($95,010.81; Transportation Trust; included in Budget, Transportation.):

 

Allows DOT to lease to own a Vac–Con truck with a maintenance agreement, to replace a current leased Vac-Con on which the lease is set to expire.  Per year cost is $95,010.81.

(#20150178-TRANSPORTATION)

 

 

 

UTILITIES

 

23.

Removal of accounts receivable balance on customer account after settled debt agreement

 

(No funding required.):

 

Removes uncollectible accounts receivable balance for financial reporting purposes on customer account after settled debt agreement on foreclosed property. (#20150154-UTILITIES)

 

24.

Increase annual expenditure for electronic components to $150,000 for Bid Waiver W130180 to Rexel Mader Motor & Control

 

(Estimated annual expenditure of $150,000; LCU Enterprise Fund: Included in the budget.):

 

Increases the approved annual expenditure amount of $100,000 to $150,000.00 to Rexel Mader Motor and Control, sole source local distributor for Rockwell/Allen Bradley parts and services.  This procurement process was advertised per the Procurement policy and no Letters of Interest were received, making the formal bid process unnecessary. This action will allow LCU to increase the approved annual expenditure for purchase of Allen Bradley controllers, frequency drives and software from the sole provider of logic controllers, variable frequency drives, software, relays and other electronic components, which are used at 80% of Lee County’s Water and Wastewater facilities. (#20150142-UTILITIES)

 

25.

Award formal proposal RFP150110, FGCU Off Site Utility Improvements, to Andrew Sitework, LLC.

 

($2,274,050.28; Enterprise Fund; Included in FY15 Utilities CIP Budget; BoCC Strategic Priority: Managing Growth.):

 

Awards formal proposal RFP150110 FGCU OFF SITE UTILITY IMPROVEMENTS to Andrew Sitework, LLC, in the amount of $2,274,050.28, to install a 30” HDPE/ 24” PVC force main from the Three Oaks WWTP to Ben Hill Griffin Blvd, an 18” PVC force main and 16” DIP water main along Ben Hill Griffin Blvd from FGCU Lake Pkwy to FGCU Blvd.  The improvements will meet service needs identified in FGCU’s Master Plan and will improve the level of service to the FGCU campus. (#20150179-UTILITIES)

 

9:30 AM PUBLIC HEARINGS

 

1.

Conduct Public Hearing to amend Ordinance 12-22, AC-3-10 and External Fee 17-2

 

(No funding required.):

 

Adoption of the proposed ordinance amends Lee County Ordinance No. 12-22, as amended, to update the cremation authorization fee from Forty-Five Dollars ($45.00) to Fifty Dollars ($50.00); and, establishes collection fees for late payments. Also adopts a resolution updating Administrative Code AC-3-10, the External Fees and Charges Manual. (#20150175-COUNTY ATTORNEY)

 

2.

Conduct Public Hearing to amend Conservation 20/20 Ordinance

 

(No increase to current budget.):

 

Amends the Conservation 20/20 ordinance to incorporate changes recommended by the Board of County Commissioners, Office of the County Manager, and Conservation Lands Acquisition and Stewardship Committee.  These changes are the result of discussions, work sessions, and special workshops starting in December 2013 to redefine program objectives, criteria, and review and appropriation.

(#20150192-COUNTY MANAGER)

 


 

WALK-ON AGENDA

 

1.

Approve and authorize the Southwest Airlines Heart of the Community Grant

 

($50,000 to be received after the agreement is executed and under a separate bluesheet.):

 

This action will allow the Library System to finalize the subgrant with Southwest Airlines. The Southwest Airlines Heart of the Community program was developed to support and activate public spaces in the heart of cities. Launched in April 2014, the program aims to support Placemaking – a movement that reimagines public spaces as the heart of every community. Southwest Airlines is committed to leveraging the power of Placemaking to strengthen connections between people and the places they share and to spark social, economic, and environmental benefits in communities across the country.  They have awarded the Lee County Library System a $50,000 Heart of the Community grant to activate the Cornog Plaza at the Fort Myers Regional Library.  The funds will be used for programming and assets.

(#20150217-LIBRARY)

 

CARRY-OVER AGENDA

 

1.

Award a service agreement for Solid Waste and Recycling Collection Services for Franchise Area 4

 

(No funds required; Enterprise fund; Cost for residential collection is budgeted annually in the Solid Waste Department budget and collected through solid waste assessments; BoCC Strategic Priority.):

 

Provides approval of a service agreement with a qualified company for solid waste and recycling collections for seven years for Franchise Area No. Four (Lehigh Acres, East Ft. Myers, Alva areas).  Collection services include garbage, recycling, yard waste, e-waste, and bulky items for a 7-year term, with options for two one-year extensions.  The contractor will provide and utilize 95-gallon wheeled garbage carts and an automated collection system for such carts and same-day-service for residential curbside service under the "recommended" Proposal Alternate 3. (#20150055-SOLID WASTE)