NovusAGENDA


Transcript - March 5, 2019 Regular Meeting

District 1
John Manning

District 2
Cecil L Pendergrass

District 3
Larry Kiker - Chair

District 4
Brian Hamman - Vice Chair

District 5
Frank Mann

Board of County Commissioners

Regular Meeting Agenda

March 5, 2019

9:30 AM

County Manager
Roger Desjarlais

County Attorney
Richard Wm. Wesch

Commission Chambers
2120 Main Street
Fort Myers, FL 33901

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.

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.

In accordance with the Americans with Disabilities Act, Lee County will not discriminate against qualified individuals with disabilities. To request an auxiliary aid, service or reasonable modification to participate, contact Joan LaGuardia, (239) 533-2314, Florida Relay Service 711, or adarequests@leegov.com at least five business days in advance. Accommodation will be provided at no cost to the requestor.


		Invocation: Pastor Russell Howard, McGregor Baptist Church


		Pledge of Allegiance


		Ceremonial Presentations


		Recap


		Consent Agenda


		Items to be pulled for discussion by the Board Public comment on balance of items Motion to approve balance of items Consideration of items pulled for discussion Public comment taken on each pulled item as it is considered


		Administrative Agenda


		Public Hearings


		Walk-ons and Carry-overs


VIDEO		Commissioners' Items/Committee Appointments


VIDEO		County Manager Items


VIDEO		County Attorney Items


VIDEO		Public Presentation of Matters by Citizens


		Workshop Update


		Public Comment on Workshop


		Adjourn


	CEREMONIAL PRESENTATIONS


VIDEO	1.	Presentation of the Pet of the Month (Commissioner Pendergrass)



VIDEO	2.	Presentation Recognizing LEE Intellectual and Developmental Disabilities Awareness Month (Commissioner Mann)


	RECAP


VIDEO	1.	3-5-19 Agenda Recap


VIDEO	CONSENT AGENDA


	CLERK OF COURTS


1.	Approve and Record County Disbursements per Florida Law
	Funding:
		Current Year Dollar Amount:	No funding required.
		Included in Current Budget?
		Fund:

		Comments:
	Item Summary:
	Chapter 136.06(1), Florida Statute 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.

2.	Approve the Minutes for Meetings of the Board of County Commissioners
	Funding:
		Current Year Dollar Amount:	No funding required.
		Included in Current Budget?
		Fund:

		Comments:
	Item Summary:
	Approves the Minutes for meetings of the Board of County Commissioners.

3.	Present Report on Driver Education Safety Trust Fund for January 2019
	Funding:
		Current Year Dollar Amount:	No funding required.
		Included in Current Budget?	N/A
		Fund:

		Comments:
	Item Summary:
	This is a monthly report from the Clerk of Court’s Office that provides financial activity for the driver's education safety trust fund.

4.	Present Report on Monthly Financial Summary for the Month of January 2019
	Funding:
		Current Year Dollar Amount:	No funding required.
		Included in Current Budget?	N/A
		Fund:

		Comments:
	Item Summary:
	This is a monthly, information report from the Clerk of Court’s Office that provides interim information on selected revenues, expenditures, debt, reserves and investments.


	COMMUNITY DEVELOPMENT


5.	Approve Bald Eagle Management Plan for Bald Eagle Nest near Pineland Marina
	Funding:
		Current Year Dollar Amount:	No funding required.
		Included in Current Budget?	N/A
		Fund:	N/A
		Comments:
	Item Summary:
	Approve a bald eagle management plan for nest LE-107 located on property off Pacosin Court, Bokeelia, Florida. The bald eagle management plan is in conjunction with a renovation at Pineland Marina, located within 660 feet of the nest. No exterior construction is proposed within 660 feet of the nest during the Southern bald eagle nesting season, October 1 through May 15. Interior work may be conducted throughout the nesting season without eagle nesting monitoring. Board approval of the management plan is required under the County’s Eagle Protection Ordinance; approval is recommended by the Eagle Technical Advisory Committee.


	COUNTY ATTORNEY


6.	Approve Mediated Settlement in the Personal Injury Case of Sandra Goodman v. Lee County
	Funding:
		Current Year Dollar Amount:	$75,000
		Included in Current Budget?	Yes
		Fund:	Other:
			$75,000; Self-Insurance Loss Fund; Included in Budget
		Comments:
	Item Summary:
	Approval of the proposed settlement resolves the case in its entirety against Lee County.

7.	Approve Mediated Settlement in the Wrongful Death Case of Joseph Santos v. Lee County
	Funding:
		Current Year Dollar Amount:	$300,000
		Included in Current Budget?	Yes
		Fund:	Other:
			$300,000; Self-Insurance Loss FUnd; Included in Budget
		Comments:
	Item Summary:
	Approval of the proposed settlement resolves the case in its entirety against Lee County.

8.	Authorize a Public Hearing to Modify Miromar Lakes South CDD
	Funding:
		Current Year Dollar Amount:	No funding required.
		Included in Current Budget?	N/A
		Fund:

		Comments:
	Item Summary:
	Authorizes County Staff to Advertise a Public Hearing on April 2, 2019 at 9:30 am to adopt an Ordinance authorizing the Miromar Lakes South Community Development District (the “District”) to amend Lee County Ordinance (LCO) #10-42 to change the name of the District and contract the District’s external boundary.


	COUNTY LANDS


9.	Accept Donation of Utility Easement (Parcel 109-UE) for Work Drive Waterline Project
	Funding:
		Current Year Dollar Amount:	$100 for recording
		Included in Current Budget?	Yes
		Fund:	Enterprise

		Comments:
	Item Summary:
	Acquires by donation a utility easement for the Work Drive Waterline Project. The donated easement is located at 8207 Work Drive, Fort Myers.

10.	Approve Conveyance of Four Escheated Properties to the City of Ft. Myers
	Funding:
		Current Year Dollar Amount:	$100
		Included in Current Budget?	No
		Fund:	General Fund

		Comments:
	Item Summary:
	Transfers ownership of four (4) escheated properties held by Lee County to the City of Fort Myers, in accordance with Florida Statute 197.592(3). These properties escheated to Lee County in January 2019 due to non-payment of real estate taxes.


	COUNTY MANAGER


	11.	Quarterly Reporting of Expenditures for County-Sponsored Functions
		Funding:
			Current Year Dollar Amount:	$17,410.43
			Included in Current Budget?	Yes
			Fund:

			Comments:
		Item Summary:
		Combination of County Administration, County Commissioners, Economic Development, General Fund, Human Resources, Libraries, Sports Development, Talent Development, Transit, and Solid Waste.

VIDEO	12.	Approve Board Direction from Feb. 19 Workshop on Waterway Estates Property
		Funding:
			Current Year Dollar Amount:	N/A
			Included in Current Budget?	N/A
			Fund:	General Fund, Unincorporated MSTU

			Comments:
		Item Summary:
		At its February 19, 2019 workshop on the county’s Waterway Estates Property, the Board discussed developing an Invitation to Negotiate to solicit developer proposals for the property based on current entitlements (marine facilities uses). This agenda item formally approves that consensus direction.


	LIBRARY


13.	Approve Grant Agreement with the State Division of Library and Information Services
	Funding:
		Current Year Dollar Amount:	$2,875.11
		Included in Current Budget?	No
		Fund:	Other:
			Library Fund
		Comments:
	Item Summary:
	Approve an agreement for a Library Services and Technology Act Innovation Grant. Federal funds are provided through the Library Services and Technology Act under Florida’s long-range plan approved by the Institute of Museum and Library Services. This grant shall be used to purchase tangible items that will support innovation in libraries.


	NATURAL RESOURCES


VIDEO	14.	Approve Agreement with Dickinson & Associates for a Fertilizer Education/Outreach Program
		Funding:
			Current Year Dollar Amount:	$125,000
			Included in Current Budget?	Yes
			Fund:	Unincorporated MSTU

			Comments:
		Item Summary:
		Approves agreement with Dickinson & Associates, Inc. to develop a fertilizer outreach program for an initial three-year term. The program consists of educating the public in the proper application of fertilizers through a mass media campaign. The contractor will also develop an outreach campaign to business leaders and the green industry. Changes to fertilizer use habits can reduce the amount of nutrients in our waterways. The program receives Total Maximum Daily Load (TMDL) credit from the State. Total expenditures in Fiscal Year 2017–2018 were approximately $92,610.00.


	PROCUREMENT MANAGEMENT


15.	Award Contracts for Environmental Permitting Mitigation and Monitoring - Countywide
	Funding:
		Current Year Dollar Amount:	See comments below.
		Included in Current Budget?
		Fund:

		Comments:	Expenditures will be as needed and within the departments’ annual approved, adopted budgets.
	Item Summary:
	Awards contracts to fifteen firms for environmental impact surveys, assessments, design mitigation and/or wetland systems or activities, prepare cost estimates, obtain appropriate permits, etc.: Coastal Engineering Consultants, Inc.; Johnson Engineering, Inc.; Wood Environment & Infrastructure Solutions, Inc.; Applied Technology & Management, Inc.; Vanasse Hangen Brustlin, Inc.; Wildlands Conservation, Inc.; Dewberry Engineers, Inc.; GHD Services Inc.; Hans Wilson & Associates, Inc.; EcoPlanz, Inc.; Betsie N Hiatt, Environmental Consulting, LLC; Kadrmas Lee & Jackson, Inc.; Turrell, Hall & Associates, Inc.; Taylor Engineering, Inc. and TheTransit Group, Inc. dba Ecological Associates, Inc., on an as needed basis for an initial period of two-years with the option to renew for three additional one-year periods, as approved in the departments’ annual adopted budgets. Total expenditures for these services for Fiscal Year 2017 – 2018 were $167,625.84.

16.	Award Contracts for Custodial Services for Lee County Sports Parks and Stadiums
	Funding:
		Current Year Dollar Amount:	See comments below.
		Included in Current Budget?	Yes
		Fund:	General Fund

		Comments:	Expenditures will be as needed and within the departments’ annual approved, adopted budgets.
	Item Summary:
	Awards contracts to Franky Tisdale Cleaning, Inc. and Prather Enterprises, Inc. to provide custodial services at County sports parks and stadiums for an initial period of one year with the option to renew for three additional one-year periods. Total expenditures for these services during Fiscal Year 2017 -2018 were approximately $180,984.85.


	PUBLIC SAFETY


17.	Renewal of Lehigh Acres Fire District Certificate of Public Convenience and Necessity
	Funding:
		Current Year Dollar Amount:	No funding required.
		Included in Current Budget?	N/A
		Fund:	N/A

		Comments:
	Item Summary:
	The Lehigh Acres Fire Control and Rescue District submitted an application for renewal of their COPCN to provide advance life support (ALS) transport services. Approval provides the District with the necessary COPCN to satisfy the statutory requirements applicable to their State transport license that expires on May 26, 2019. Granting of the COPCN will allow the District to continue operating as an ALS transport service provider in accordance with State law for one additional year.


	SOLID WASTE


18.	Approve Piggyback to Purchase Mack Road Tractors from Nextran Truck Centers
	Funding:
		Current Year Dollar Amount:	$364,212.36
		Included in Current Budget?	Yes
		Fund:	Enterprise

		Comments:
	Item Summary:
	Authorize purchase of three Mack Road Tractors from Nextran Truck Centers utilizing Florida Sheriffs Association Cooperative Purchasing Program Contract FSA18-, VEH16.0 in a total amount $364,212.36. This expenditure is a budgeted item to replace two aged units and one new unit needed to manage the increased volumes of waste materials being processed in Lee and Hendry Counties.

19.	Award Contract for Utility Environmental Consulting Services for Solid Waste
	Funding:
		Current Year Dollar Amount:	$153,000
		Included in Current Budget?	Yes
		Fund:	Enterprise

		Comments:	Expenditures will be as needed and within the department's annual approved, adopted budget.
	Item Summary:
	Award contract to Jones, Edmunds & Associates, Inc., to provide professional water quality monitoring and reporting services at the Lee-Hendry Landfill for an initial period of two years with the option to renew for three additional one-year periods, as approved in the department’s annual adopted budget. This is a new contract and the estimated annual expenditures is in the amount of $153,000.


	UTILITIES


20.	Annual Purchase of Sulfuric Acid for Lee County Utilities Water Treatment Facilities
	Funding:
		Current Year Dollar Amount:	See comments below
		Included in Current Budget?	Yes
		Fund:	Enterprise

		Comments:	Expenditures will be as needed and in accordance with the department’s annual adopted budget.
	Item Summary:
	Award contract to Trammo, Inc., for the purchase of sulfuric acid for Lee County Utilities water treatment facilities for an initial period of one year with the option to renew for three additional one-year periods. This product is used at the water treatment plants to adjust the acidity or alkalinity (pH) control in various processes. Total expenditures for these goods for Fiscal Year 2017 - 2018 were approximately $231,036.21.


	VISITOR AND CONVENTION BUREAU


21.	Award Contract for Visitor and Convention Bureau Market Research
	Funding:
		Current Year Dollar Amount:	See comments below.
		Included in Current Budget?	Yes
		Fund:	Enterprise
			Tourist Development Tax
		Comments:	Expenditures will be as needed and within the department’s annual approved, adopted budget.
	Item Summary:
	Award contract to Downs & St. Germain Research, Inc. to provide marketing research services for the Visitor & Convention Bureau (VCB) for an initial period of four years with the option to renew for two additional one-year periods, as approved in the department’s annual adopted budget. Total expenditures for these services for Fiscal Year 2017-2018 were approximately $269,302.34.


	ADMINISTRATIVE AGENDA


	CLERK OF COURTS


VIDEO	1.	Convene as Lee County Governmental Leasing Corporation to Approve Meeting Minutes
		Funding:
			Current Year Dollar Amount:	No funding required.
			Included in Current Budget?	N/A
			Fund:

			Comments:
		Item Summary:
		Approves the Minutes for the Lee County Governmental Leasing Corporation.


	COUNTY ATTORNEY


VIDEO	2.	Convene Annual Meeting of Lee County Governmental Leasing Corporation
		Funding:
			Current Year Dollar Amount:	$70.00
			Included in Current Budget?	N/A
			Fund:	General Fund

			Comments:
		Item Summary:
		Maintains Lee County Governmental Leasing Corporation’s non-profit status pursuant to Chapter 617, Florida Statutes, which requires the Board of County Commissioners meet as the Board of Directors for the Leasing Corporation annually and approve the corporation’s 2019 Annual Report.


	COUNTY MANAGER


VIDEO	3.	Amend 2019 State Legislative Priorities
		Funding:
			Current Year Dollar Amount:	No funding required.
			Included in Current Budget?	N/A
			Fund:

			Comments:
		Item Summary:
		The BoCC periodically updates its platform based on legislative developments.


	PUBLIC HEARING - 9:30 AM


VIDEO	1.	Approve Petition to Vacate at 819 Rush Avenue, Lehigh Acres, FL
		Funding:
			Current Year Dollar Amount:	No funding required.
			Included in Current Budget?	N/A
			Fund:	N/A

			Comments:
		Item Summary:
		Extinguishes the public interest in the unimproved public utility easement between platted lots at 819 Rush Avenue in Lehigh Acres to remove encumbrances to create a unified building site for a proposed residence. There were no objections from the public utility providers and no other affected property owners.

VIDEO	2.	Adopt Resolution Allowing the Housing Finance Authority to Issue 2019 Mortgage Revenue Bonds
		Funding:
			Current Year Dollar Amount:	No funding required.
			Included in Current Budget?	N/A
			Fund:	N/A

			Comments:
		Item Summary:
		Adoption of the Resolution will allow the Housing Finance Authority of Lee County (which provides affordable housing financing opportunities for low, moderate and middle income families) to issue its Mortgage Revenue Bonds in the amount not to exceed $12,480,000.00 for the Vista Palms Apartments, a multi-family project in Lehigh Acres. Ratification of such action by Lee County BOCC is required under Chapter 159, F.S. There are no financial or administrative costs to Lee County BOCC.


	WALK ON AGENDA


VIDEO	1.	Approve Agreement with LA-MSID for a Joint Water Quality Project on GS-10
		Funding:
			Current Year Dollar Amount:	No funding required.
			Included in Current Budget?	N/A
			Fund:	N/A

			Comments:
		Item Summary:
		Approves Memorandum of Understanding between Lee County and the Lehigh Acres Municipal Services Improvement District (LA-MSID) for construction and maintenance of a water quality project on Conservation 20/20 Nomination 257-2 (otherwise known as GS-10). The water storage and filtration infrastructure is intended to reduce pollutants to help the County achieve its Total Maximum Daily Load (TMDL) targets.