District 1
John Manning

District 2
Cecil L Pendergrass

District 3
Ray Sandelli

District 4
Brian Hamman - Chairman

District 5 
Frank Mann - Vice Chairman

 

Board of County Commissioners

Regular Meeting Agenda

 

February 18, 2020

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.
VIDEOInvocation: Pastor Mark Wigginton, Integrity Church in Bonita Springs
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
Commissioners' Items/Committee Appointments
VIDEOCounty Manager Items
County Attorney Items
VIDEOPublic Presentation of Matters by Citizens
Workshop Update
  • Public Comment on Workshop
VIDEOAdjourn
 
VIDEOCEREMONIAL PRESENTATIONS

1.Pet of the Month (Commissioner Pendergrass)
VIDEO2.Red Sox & Twins Spring Training 2020 (Commissioner Manning)
RECAP

1.2/18/20 Agenda Recap
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 Meeting Minutes of the Board of County Commissioners
Funding:
Current Year Dollar Amount:
Included in Current Budget?
Fund:
Comments:
Item Summary:
Request commissioners to approve the minutes for BoCC meetings held on 12/17/2019, 12/18/2019, 1/21/2020, and 1/22/2020.  Minutes were provided to the Board members sitting at those meetings, and any comments from the Commissioners were taken into consideration in the development of the final minutes.
COMMUNITY DEVELOPMENT
3.Approve Bald Eagle Mangement Plan for 5081 Pine Island Rd NW, Bokeelia
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 bald eagle nest LE-081 in conjuction with new construction of a gas station and convenience store at 5081 Pine Island Road NW, Bokeelia, which is within 660 feet of the bald eagle nest. The Bald Eagle Management Plan proposes exterior construction within 660 feet of the bald eagle nest to occur during the non-nesting season (May 16-September 30). Board approval of the Bald Eagle Management Plan is required under the County’s Eagle Protection Ordinance; approval is recommended by the Eagle Technical Advisory Committee.
COUNTY ATTORNEY
4.Adopt a Resolution Ratifying and Affirming the Method of Collection for the Gasparilla Island SIU
Funding:
Current Year Dollar Amount:No funding required.
Included in Current Budget?N/A
Fund:Unincorporated MSTU
Comments:CAO will route final item for execution
Item Summary:
When adopted, the stated intention of Lee County Ordinance No. 07-37 was to have the benefit unit become a Municipal Service Benefit Unit, relying on non ad-valorem Equal Unit Assessment of benefitted properties. Notwithstanding the foregoing, the 2007 Ordinance specifically retained the Municipal Service Taxing Unit (MSTU) assessment terminology and methodology to continue to use ad-valorem property valuation as the basis for property assessments.

The requested resolution will simply ratify and affirm the continued use of MSTU ad-valorem property valuation as the method of assessment. There will be no substantive change to the type or level of services nor any change to the cost of securing funds to cover the expense of those services.
COUNTY LANDS
5.Approve Purchase of Land for North Lee County Wellfield Expansion
Funding:
Current Year Dollar Amount:$89,500
Included in Current Budget?Yes
Fund:Enterprise
Comments:
Item Summary:

Acquires a ±3.27 acre parcel in the amount of $77,000, plus costs to close, for the North Lee County Water Treatment Plant Wellfield Project. This purchase avoids the need for condemnation and related costs. The parcel provides the necessary land for a raw water well located at 6230 and 6350 Nalle Grade Road, North Ft. Myers.  Funds were approved by the BoCC in the FY20 Capital Improvement budget for the installation of new source water and monitoring wells within the North Lee County Water Treatment Facility service area.

COUNTY MANAGER
6.Quarterly Reporting of Expenditures for County-Sponsored Functions
Funding:
Current Year Dollar Amount:$39,523.55
Included in Current Budget?Yes
Fund:
Comments:
Item Summary:
Lee County Ordinance #90-18 requires quarterly reporting of expenditures on county-sponsored functions.  Some of these expenditures are funded through grants and donations. These include workshops, training, seminars, receptions, ribbon cuttings, and meals related to county-sponsored events and meetings.  Expenditures for the quarter were $39,523.55.
7.Approve MSTBU Interagency Agreements with Tax Collector and Property Appraiser's Office
Funding:
Current Year Dollar Amount:No funding required.
Included in Current Budget?No
Fund:Other:
Comments:Funding will be through assessment of property owners.
Item Summary:
Section 197.3632, Florida Statutes, requires the Board to enter into interlocal agreements with the Tax Collector and the Property Appraiser to provide for reimbursement of necessary administrative costs incurred in the course of administering non-ad valorem assessments for Municipal Service Benefit Units.
LIBRARY
8.Approve Renewal of Library System Automation Software
Funding:
Current Year Dollar Amount:$143,506.53
Included in Current Budget?Yes
Fund:Other:
Library
Comments:
Item Summary:
Authorizes the renewal of maintenance and licensing costs for Polaris, the Library’s Integrated Automation System software.  The software manages all aspects of the library system’s automated functions including customer information, circulation information, cataloging functions, acquisitions functions, and serials functions.  The software allows the library’s materials collection to display to the public through the Public Access Catalog and also allows customers to remotely connect to library databases.  The spend for maintenance and licensing in FY18-19 was $136,672.87.  Maintenance and licensing for FY19-20 is $143,506.53 and is included in the Library’s operating budget.
PARKS AND RECREATION
9.Approve Multi-County Extension Agent Agreement
Funding:
Current Year Dollar Amount:$21,950.41
Included in Current Budget?Yes
Fund:General Fund
Comments:
Item Summary:
Approves cost sharing of four multi-county agricultural agent positions within Lee, Charlotte, Collier, Glades, and Hendry counties for a period of five years with automatic five year renewals, providing one of the parties does not present an objection. 

The agents will deliver services to livestock, citrus, and commercial vegetable industries that reside in Lee County.  The agents will also provide educational support, ensuring that the crop varieties they grow and the management methods they use are all backed by the best science available to the commercial agriculture industry and offer support for the urban sector. 

The cost sharing is based on the proportionate acreage per contributing County of farmland for citrus, vegetables, livestock, sugar and pasture. The original 2009 cost sharing agreement for these positions has recently expired. Lee County’s portion for FY 19/20 is $21,950.41. Funding for this item is included in budget. 
PROCUREMENT MANAGEMENT
10.Approve Price Increase for Janitorial Service for Various Downtown Facilities Annual Contract
Funding:
Current Year Dollar Amount:See comments below.
Included in Current Budget?Yes
Fund:Enterprise
Comments:Expenditures will be as needed and within the department’s annual adopted budgets.
Item Summary:

Extends the contract with United States Service Industries, Inc. (USSI) for janitorial services for various downtown facilities through December 14, 2020 and authorizes a Consumer Price Index (CPI) price increase of 1.7% effective October 1, 2019 through the contract expiration. The estimated contract total for Fiscal Year 2019-2020 is $96,405.91 monthly. 

PUBLIC SAFETY
11.Approve Piggyback for Billing of Patient Accounts for Emergency Medical Services
Funding:
Current Year Dollar Amount:$850,000.00
Included in Current Budget?Yes
Fund:General Fund
Comments:Expenditures for this service are a percentage of collected revenues and fixed costs for Medicaid accounts; the estimated annual not to exceed amount for the next three years is $850,000.
Item Summary:

This item approves a piggyback of the Brevard County Emergency Medical Services (EMS) Billing Services Contract to provide EMS billing services from Change Healthcare Technology Enabled Services, LLC (formerly known as McKesson). Lee County currently uses Change Healthcare Technology Enabled Services for Emergency Medical Services (EMS) patient billing and switching to another vendor could cause an interruption to the revenue stream they manage. The vendor has agreed to hold rates for this piggyback term, which is three years with two one-year renewals, eliminating an anticipated increase in cost.

Annual revenues increased from $16.8 million under the previous vendor in FY14/15 to $21.5 million in FY15/16, and $20.9 million in FY18/19 under the current vendor. The Department has also noted a significant decrease in customer complaints associated with management of customer accounts under Change Healthcare Technology Enabled Services. Expenditures during Fiscal Year 2019 were $807,024.64. Expenditures in future years are not expected to exceed $850,000.00 annually. An analysis of recent contracted market rates for this service across Florida demonstrated an increase to between 4 and 7 percent of net revenue.

12.Approve an Amendment to the I.A.F.F. Local 1826 Collective Bargaining Agreement
Funding:
Current Year Dollar Amount:No funding required.
Included in Current Budget?N/A
Fund:N/A
Comments:
Item Summary:
This item approves an amendment to the Collective Bargaining Agreement between the County and Southwest Florida Professional Firefighters and Paramedics, Local 1826, I.A.F.F. (Local 1826).  The County notified Local 1826 of a change in the work schedule for Medic 40, effective January 2, 2020. Local 1826 filed a Demand to Bargain on November 15, 2019. The parties met for impact bargaining in December and agreed to the attached amendment to the Collective Bargaining Agreement.
TRANSIT
VIDEO13.Award Contract: Fare Collection System Replacement Allowing Electronic Payment Options
Funding:
Current Year Dollar Amount:$3,160,186.68
Included in Current Budget?Yes
Fund:Enterprise
Comments:
Item Summary:

Award a contract to SPX Corporation to provide the upgrade and replacement of LeeTran’s fare collection system, in the amount of $3,160,186.68, which includes ten years of annual maintenance and software subscriptions. The collection system provides a means of tracking payments submitted electronically or through cash receipt, essential for daily operations at LeeTran. Payment for the upgrade and replacement of the collection system will be paid upfront by the County and reimbursed through a grant provided by the Federal Transit Administration. The grant will fully fund the project, including the aforementioned ten years of maintenance and software subscriptions.This item is planned and included in budget.

 

TRANSPORTATION
14.Execute Agreement to Allow the LCSO to Install License Plate Readers on DOT Poles
Funding:
Current Year Dollar Amount:None for the County budget
Included in Current Budget?N/A
Fund:Other:
Transportation Trust
Comments:
Item Summary:
Execute an Interlocal Agreement with the Lee County Sheriff's Office (LCSO) to allow Automatic License Plate Reader (ALPR) devices to be placed on county-maintained transportation infrastructure.  The Interlocal Agreement outlines the responsibilities that both parties will have for installation, maintenance, and cost for energy consumption.  There is no cost to the Lee County Department of Transportation (DOT) budget.  The LCSO will be responsible for maintenance and will pay the DOT $25.00 per month for each location to cover added electric costs.
VIDEO15.Award Contract for Resurfacing of Del Prado Boulevard and Pondella Road
Funding:
Current Year Dollar Amount:$1,419,000
Included in Current Budget?Yes
Fund:Other:
Transportation Capital Improvement
Comments:
Item Summary:
Awards a contract to Community Asphalt Corp. to provide milling, resurfacing, and ADA improvements on Del Prado Boulevard from Viscaya Parkway to Hancock Bridge Parkway and Pondella Road from Moody Road to Orange Grove Boulevard, in the amount of $1,419,000.00. Funding for this project is included in the current budget. Construction is expected to begin after Easter.
ADMINISTRATIVE AGENDA

ENVIRONMENTAL ITEMS
VIDEO1.Consider Acquisition and Rejection of Various Conservation 20/20 Nominations
Funding:
Current Year Dollar Amount:$35,000
Included in Current Budget?No
Fund:Other:
Conservation 20/20
Comments:
Item Summary:

Authorizes staff to pursue possible acquisition of parcels unanimously recommended by the Conservation 20/20 Land Acquisition and Stewardship Advisory Committee (CLASAC): Nominations 601 (67 acres), 603 (306 acres), and 605 (194 acres). These parcels are either adjacent to existing preserves or could house water quality projects. Rejects Nomination 602 which CLASAC also recommended unanimously to reject.

COUNTY MANAGER
VIDEO2.Approve Interagency Agreement with the East Mulloch Water Control District
Funding:
Current Year Dollar Amount:$300,000.00
Included in Current Budget?N/A
Fund:Other:
EMWCD Non-Ad Valorem Assessments
Comments:At least annually, EMWCD will meet with Lee County to set work priorities for the next year, determine costs to achieve those priorities, and determine the required assessment rate to fund the year's planned work.
Item Summary:
Execute an interlocal agreement with the East Mulloch Water Control District (EMWCD) to allow Lee County to maintain the District’s surface water management systems on behalf of the District.  Costs for maintenance activities will be funded by the EMWCD’s annual assessment, with work plans and budgets approved on an annual basis by the EMWCD.
NATURAL RESOURCES
VIDEO3.Award Disaster Recovery Services Contract for Debris & Vegetation Removal
Funding:
Current Year Dollar Amount:No funding required.
Included in Current Budget?Yes
Fund:
Comments:
Item Summary:

Awards contracts to Aftermath Disaster Recovery, Inc. as the primary vendor and TSI Disaster Recovery, LLC as the secondary vendor, to provide disaster recovery services for debris and vegetation removal from waterways and creeks in Lee County on an as-needed basis for an initial one year period.   Having a contract in place with debris removal firms for disaster recovery services, will allow the County to act swiftly after a major storm event to clear clogged or impaired waterways in order to improve flow and reduce the impact of any flooding that may occur.  The solicitation and contracts comply with federal reimbursement regulations, so any expenses incurred would be eligible for FEMA reimbursement.  No expenditures are planned for this fiscal year unless there is a major storm event.   

PARKS AND RECREATION
VIDEO4.Accept State Funding for Lehigh Acres Senior Citizens Center Improvements
Funding:
Current Year Dollar Amount:$350,000
Included in Current Budget?No
Fund:Unincorporated MSTU, Other:
Grant
Comments:
Item Summary:

This item accepts House Appropriation funds from the State of Florida in the amount of $350,000 for improvements to the Lehigh Acres Senior Citizens Center.

County staff submitted the request for funding after performing a building inspection in October 2018. The inspection found the following improvements necessary to bring the building into compliance with County standards:

  • Replacement of A/C units and restroom cabinetry,
  • Plumbing upgrades,
  • Enhancements to interior and exterior lighting,
  • ADA modifications, and
  • Parking lot upgrades. 

The term of the contract is upon execution through June 30, 2021. Lee County’s matching contribution is $248,500, which includes the center’s annual operating costs and is included in the budget.

TRANSPORTATION
VIDEO5.Approve Design of a Signal at Estero Boulevard and Crescent Street
Funding:
Current Year Dollar Amount:$108,000
Included in Current Budget?Yes
Fund:Other:
Transportation Capital Improvement
Comments:Design is $104,695; transfer of $108,000 is needed to allow for funding to accept and process land donation.
Item Summary:
Approves a Supplemental Task Authorization (STA) to the contract with David Douglas Associates, Inc. for Miscellaneous Professional Services, providing for the design of a traffic signal and intersection improvements at the intersection of Estero Boulevard and Crescent Street, in the negotiated amount of $104,695.00. A budget transfer is needed to create a new project for this signal and provide funding for right-of-way closing costs from a parcel donated by Town of Fort Myers Beach. This signal will ultimately be interconnected with a Town of Fort Myers Beach signal at Estero Boulevard/Old San Carlos Boulevard and a Florida Department of Transportation (FDOT) signal at San Carlos Boulevard/Fifth Street to coordinate traffic flow and manage congestion.  These signals working together will also provide safe crossing locations for the large volumes of bicycles and pedestrians in this corridor. Funding for construction is budgeted with Federal funds. The County will need to execute a grant agreement to receive the construction funds in State FY 2020/21.  Total project costs are estimated to be $1,000,000 with $762,000 coming from FDOT for construction. These costs include design, right-of-way transfer, construction engineering, inspection, and construction. Construction is estimated to begin by the end of 2020. 
VIDEO6.Waiver of Lee County Ordinances for Design Services of Alico Road Connector
Funding:
Current Year Dollar Amount:None for this action.
Included in Current Budget?N/A
Fund:
Comments:
Item Summary:
Waives Section 3 of Lee County Ordinance 92-22 and Section 5.5.2 of Procurement Ordinance 18-22 for the Alico Road Connector Project Development and Environment (PD&E) and Design (Alico Road to SR 82) project. These sections prohibit the County from soliciting a professional services firm to perform project design or construction services if the firm was retained to perform the project feasibility or study analysis. Waiving this section allows the County to solicit for one firm to perform a Project Development and Environment (PD&E) study and prepare design documents for the project. Board action authorizes staff to solicit proposals and negotiate with a single firm for both PD&E and Design. This is beneficial to the County as it mirrors the Florida Department of Transportation State-Wide Acceleration Transformation (SWAT) process to streamline the planning, project management, and procurement of the Alico Connector project, and it allows for qualified and knowledgeable firms that worked on the 2009 Alico Connector Alternate Study to submit proposals for the Alico Connector PD&E and Design project.   Funding for the PD&E and preliminary design is currently budgeted.
PUBLIC HEARING - 9:30 AM

VIDEO1.2nd Public Hearing: Ordinance Amending LDC Chapters 30 & 34
Funding:
Current Year Dollar Amount:No funding required.
Included in Current Budget?N/A
Fund:
Comments:
Item Summary:
Conduct final public hearing to amend Chapter 30 to expand the area where electronic message centers on College Parkway are allowed to include the one small area on the south side of the road between McGregor Boulevard and US 41 that is currently excluded, and amending Chapter 34 to allow commercial uses and to redact specific accessory uses and allowed structures of planned development districts.
VIDEO2.Conduct Public Hearing Approving Final Assessment for Burgundy Farms Rd. Paving CIP MSBU
Funding:
Current Year Dollar Amount:No funding required.
Included in Current Budget?No
Fund:Other:
Comments:Funding will be through assessment of property owners.
Item Summary:
Provides the Final Assessment for the Burgundy Farms Road Paving Capital Improvement Project Municipal Service Benefit Unit.  Burgundy Farms Road is a non-County-maintained road east of Alico Road and north of Corkscrew Road.  The MSBU was created by resolution 18-12-03, in December 2018, and construction was completed in August 2019.
VIDEO3.Approve Petition to Vacate at 1909/1911 and 2001/2003 Park Rd, Lehigh Acres, FL
Funding:
Current Year Dollar Amount:No funding required.
Included in Current Budget?N/A
Fund:N/A
Comments:
Item Summary:
Vacation of that portion of the Plat of Unit 3 Lehigh Park located at 1909/1911 and 2001/2003 Park Road in Lehigh Acres, reverting said property back into acreage and removing all public rights so as to be able to utilize the resulting single lot of record in conjunction with the adjacent runway for operation and maintenance of the Lee County Mosquito Control District’s facilities.
VIDEO4.Approve Petition to Vacate at 3rd Street south of South Road, Fort Myers, 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 and closes and discontinues public use of the constructed roadway to allow the creation of a unified building site for the proposed expansion of Evangelical Christian School. There were no objections from the public utility providers and no other affected property owners.