Transcript - December 7, 2021 Regular Meeting

District 1
Kevin Ruane

District 2, Chairman
Cecil L Pendergrass

District 3, Vice Chairman
Ray Sandelli

District 4
Brian Hamman

District 5 
Frank Mann

 

 Board of County Commissioners

Regular Meeting Agenda

 

December 7, 2021

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.

 

Lee County will not discriminate against individuals on the basis of race, color, national origin, sex, age, disability, religion, income or family status. To request language interpretation, document translation or an ADA-qualified reasonable modification at no charge to the requestor, contact Joan LaGuardia, (239) 839-6038, Florida Relay Service 711, at least five business days in advance. El Condado de Lee servicios de sin cargo a personas con el idioma limitado del


VIDEOInvocation: Pastor Daniel Gregory, Victory of Lehigh 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
Commissioners' Items/Committee Appointments
County Manager Items
County Attorney Items
Public Presentation of Matters by Citizens
Workshop Update
  • Public Comment on Workshop
Adjourn
 
CEREMONIAL PRESENTATIONS

VIDEO1.Pet of the Month (Commissioner Pendergrass)
VIDEO2.Nations Association Charities (Commissioner Ruane)
VIDEO3.First Responders Night at the Culligan City of Palms Classic Tournament (Commissioner Ruane)
RECAP

VIDEO1.12/7/21 Agenda Recap - Revised 12/7/21 7:35 am

Items to be Deferrd/Continued

Item # C30

Title: Approve Piggyback and Lease-Purchase of Sewer Cleaning and Excavation Vehicles

Deferred to January 18, 2022

Requested by County Administration

 

Item # C35 

Title: Direct to Public Hearing a Resolution Adopting Revised Miscellaneous Fees

Item deferred for further review

Requested by Utilities

 

Item #C37

Title: Approve Piggyback and Lease-Purchase of Vactor Vacuum Trucks

Item deferred to January 18, 2022

Requested by: County Administration

 

Revisions & Corrections

Item #C31

Title: Approve Agreement to Join E-ZPass to Issue Multi-Protocol Transponders

Move to Administrative Agenda

Requested by: County Administration

 

Item #C33
Title: Approve Change Order for the Roundabout Design at Gateway Blvd. & Griffin Dr.
Move to Administrative Agenda
Requested by: County Administration

 

Walk Ons or Carry-Overs

Walk on - Utilities: Award Grant to Captiva Planning Panel for Infrastructure & Rate Analysis for Septic Conversion

 

County Manager Item

  • Stadiums Update
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?N/A
Fund:N/A
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.Present Report on Monthly Financial Summary for the Month of October 2021
Funding:
Current Year Dollar Amount:No funding required.
Included in Current Budget?N/A
Fund:N/A
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.
3.Present Report on Driver Education Safety Trust Fund for the Month of October 2021
Funding:
Current Year Dollar Amount:No funding required.
Included in Current Budget?N/A
Fund:N/A
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.Approve Meeting Minutes of the Board of County Commissioners
Funding:
Current Year Dollar Amount:No funding required.
Included in Current Budget?N/A
Fund:N/A
Comments:
Item Summary:
Request commissioners to approve the minutes for BoCC meetings held on 08/03/2021, 08/17/2021, 08/18/2021, 09/07/2021, 09/08/2021, 09/09/2021, 09/21/2021, 10/05/2021, 10/06/2021, 10/19,2021, 11/02/2021, 11/03/2021, 11/16/2021, 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
5.Approve Interlocal Agreement with Babcock ISD Regarding Infrastructure Bonding
Funding:
Current Year Dollar Amount:No funding required.
Included in Current Budget?N/A
Fund:N/A
Comments:
Item Summary:
Provides a mechanism for the Babcock Ranch Community Independent Special District (Babcock ISD) to provide an alternative form of financial assurance to ensure the completion of specified infrastructure improvements with each subdivision plat. The alternative surety would substitute for a standard bond as allowed in Sec.10-154(26) of the County’s Land Development Code and Administrative Code AC-13-19. The Babcock ISD was established by the Florida Legislature to construct improvements within Babcock Ranch including roads, surface water management systems, landscaping, utilities, conservation areas and plat monumentation, and has the authority to borrow money and issue bonds, certificates, warrants, notes or other forms of indebtedness, and levy taxes and assessments and enforce fees and other user charges as a means to pay for the improvements. The Babcock ISD has a similar arrangement with Charlotte County.
COUNTY ATTORNEY
6.Approve Settlement of Workers’ Compensation Case of Lillie Boston v. Lee County
Funding:
Current Year Dollar Amount:$110,000
Included in Current Budget?N/A
Fund:Other:
Self Insurance
Comments:
Item Summary:
Approval of the proposed settlement resolves the case in its entirety against Lee County and avoids the uncertainty and increased costs of final hearing. Ms. Boston sustained injuries when she was rear-ended while driving a LeeTran bus.
COUNTY LANDS
7.Declare Escheated County-Owned Property as Surplus & Donate to Habitat for Humanity
Funding:
Current Year Dollar Amount:$50
Included in Current Budget?Yes
Fund:General Fund
Comments:
Item Summary:
Declares a vacant lot as surplus land and conveys it to Habitat for Humanity of Lee and Hendry Counties, Inc., a qualified not-for-profit affordable housing agency for construction of affordable housing. This lot escheated to Lee County due to non-payment of real estate taxes. The requested lot is located at 2744 Winona Drive, North Fort Myers, Florida. The organization plans to construct affordable housing for a low-to-moderate income family on the property. Lee County has donated 15 vacant lots to Habitat for Humanity within the last five years, not including the subject lot.
8.Approve Purchase of Temporary Construction Easement for North Lee County Wellfield Expansion
Funding:
Current Year Dollar Amount:$1,800
Included in Current Budget?Yes
Fund:Enterprise
Comments:
Item Summary:
Acquires a +/-2,800 square foot temporary construction easement in the amount of $500, plus closing costs, for the North Lee County Water Treatment Plant Wellfield Expansion Project. The easement is located at 18800-20 Nalle Road, North Fort Myers and provides an area to construct a segment of the raw water main that connects to the treatment plant.
9.Authorize Staff to Purchase a Tax Deed Parcel in Lehigh Acres
Funding:
Current Year Dollar Amount:$3,000
Included in Current Budget?Yes
Fund:General Fund
Comments:
Item Summary:
Authorizes staff to purchase a parcel of land, identified as STRAP No. 14-44-27-12-00048.0010, from the Lee County Clerk of Court. This parcel is included on Land Available for Taxes, which is a list of real estate for sale for non-payment of real estate taxes. The purchase price will be approximately $2,700 and the County will be issued a tax deed. The parcel is a 0.5 +/-acre unbuildable lot located along Joel Boulevard in Lehigh Acres. The parcel may be used by County DOT for future right-of-way needs for improvements on Joel Boulevard.
10.Approve License Agreement for a Restaurant Operation within the Justice Center
Funding:
Current Year Dollar Amount:No funding required.
Included in Current Budget?N/A
Fund:N/A
Comments:
Item Summary:
Approves a License Agreement between Lee County and Tropical Shores, LLC, a Florida Limited Liability Company, for approximately 4,310 square feet of space on the second floor of the Justice Center. The agreement will provide space for a restaurant operation. The restaurant will sell beverages and food to the jury pool, visitors and employees of the Justice Center. Having an operating food and beverage restaurant operation is critical for the Clerk of Courts juror operations. The Clerk’s operation is within the Justice Center, which is access controlled, and beverages cannot be carried into the building.
11.Approve Easement Purchases for Fiesta Village Reuse Main & Summerlin Rd. Force Main Projects
Funding:
Current Year Dollar Amount:$30,850
Included in Current Budget?Yes
Fund:Enterprise
Comments:
Item Summary:
Approves the purchase of a Perpetual Utility Easement (+/- .23 acres) and a Temporary Construction Easement (+/- .53 acres), in the amount of $30,000, for the Fiesta Village Reuse Main and Summerlin Road Force Main Replacement Projects. The easement is from a portion of the property known as Safety Street, Fort Myers, Florida south of Summerlin Road also known as Strap Number 08-46-24-00-00001.0410.
12.Approve Office Leases for Legislative Delegation Members in County Buildings
Funding:
Current Year Dollar Amount:$45,822
Included in Current Budget?No
Fund:General Fund
Comments:
Item Summary:
Approves leases to provide office space in Lee County owned facilities for United States Senator Marco Rubio, State Senator Ray Rodrigues, State Representative Mike Giallombardo, State Representative Jenna Persons-Mulicka and United States Congressman Byron Donalds. The term of all leases is January 1, 2022 through December 31, 2022.
13.Authorize Binding Offer for Littleton Road Widening–Corbett Road to US 41 (Parcel 350-TCE)
Funding:
Current Year Dollar Amount:$8,500
Included in Current Budget?Yes
Fund:Other:
Road Impact Fees
Comments:
Item Summary:
Approves an offer of $7,000 to acquire a temporary construction easement interest in Parcels 350-A (TCE) (+/- 1,351 square feet), 350-B (TCE) (+/- 600 square feet) and 350-C (TCE) (+/- 418 square feet) for the Littleton Road Widening – Corbett Road to US 41, Project No. 5028. This offer is necessary to accommodate the construction schedule, should condemnation actions be required. The estimated cost to close this acquisition is $1,500. The appraised value is $5,500 (inclusive of land, improvements and cost to cure). The recommended increase of $1,500 is to avoid condemnation and its costs and expenses.
14.Authorize Binding Offer for Littleton Road Widening – Corbett Road to US 41 (Parcels 225 & 225-A)
Funding:
Current Year Dollar Amount:$202,500
Included in Current Budget?Yes
Fund:Other:
Road Impact Fees
Comments:
Item Summary:
Approves an offer of $200,000 to purchase fee simple interest in Parcel 225 (+/- 72,788 square feet) and a perpetual drainage easement interest in Parcel 225-A (+/- 1,889 square feet) for the Littleton Road Widening – Corbett Road to US 41, Project No. 5028. This offer is necessary to accommodate the construction schedule, should condemnation actions be required. The estimated cost to close this acquisition is $2,500. The appraised value is $188,300 (land, improvements and cost to cure). The recommended increase of $11,700 is to avoid condemnation and its costs and expenses.
FACILITIES CONSTRUCTION AND MANAGEMENT
15.Award Contract for Fire Door Inspection, Repair and Installation Services for County Facilities
Funding:
Current Year Dollar Amount:$305,000
Included in Current Budget?Yes
Fund:General Fund, Other:
Lee County Libraries
Comments:
Item Summary:
Awards contract to Life Safety Systems, LLC to provide fire door inspection, repair, and installation services to all County facilities for an initial period of three years and renewal options for up to three additional one-year periods. Life Safety Services, LLC submitted the only proposal and was determined to be a responsive and responsible bidder. The National Fire Protection Association requires all fire doors and protective openings to be inspected  yearly. The inspection and maintenance of fire doors and protective openings is a critical component of the County-wide life safety program. Expenditures will be on an as-needed basis, as approved in the departments' annual adopted budget. This project is funded through General Fund and Lee County Library Fund.
HUMAN RESOURCES
16.Award Contract for Medical Stop Loss Insurance Policy
Funding:
Current Year Dollar Amount:See Comments below.
Included in Current Budget?Yes
Fund:Other:
Self Insurance Health Fund
Comments:Approximately $2,663,163 or $51.48 per employee per month paid by the County.
Item Summary:

Approves the award of a contract to Aetna Life Insurance Company for Medical Stop Loss coverage. Aetna Life Insurance Company submitted the only proposal to the Request for Proposal and was found to be a responsive and responsible bidder. The contract provides Medical Stop Loss coverage for Lee County and its participating entities beginning January 1, 2022. The initial contract is for one year with three one-year renewal options.

 

Anticipated savings for the new contract are $276,248 or a reduction of 10.4%. Current contract is employer paid at an annual premium of approximately $2,663,163 or $51.48 per employee per month. The submitted proposal is $2,386,914 annually or $46.14 per employer per month.

 

Stop Loss Insurance provides protection for the County's self-funded employee benefit plan against catastrophic or unpredictable losses. Aetna assumes liability for losses arising from medical events with costs in excess of $425,000.

INNOVATION AND TECHNOLOGY
17.Approve Piggyback Purchase for Cisco SmartNet Renewal
Funding:
Current Year Dollar Amount:$192,797
Included in Current Budget?Yes
Fund:Other:
ITG
Comments:
Item Summary:
Approves the use of the State of Florida alternate term contract Data Communication Products and Services, expiring September 30, 2024, for the Cisco Smartnet Renewal from Presidio Networked Solutions, Inc., in the amount of $192,796.98. This renewal provides maintenance and support to the Enterprise Wide Technology Infrastructure. A market analysis was completed.  Last year’s spend was $237,880.08. 
LIBRARY
18.Approve Purchase of Books, Magazines and Periodicals for County Libraries
Funding:
Current Year Dollar Amount:$702,000
Included in Current Budget?Yes
Fund:Other:
Library
Comments:FY21-22 expenditures estimated at $702,000
Item Summary:

Approve the purchase of physical library materials, and services such as cataloging and item processings, from vendors, Ingram and WT Cox for educational and recreational materials and resources including books, magazines and periodicals.

 

FY20-21 expenditures for these items were $437,084. The price increase for Ingram is due to shifting more funds from our other book vendors to Ingram.  Due to current supply chain issues that all organizations are experiencing, Ingram currently has the stock and availability of resources that we need while other vendors do not.  Expenditures with these vendors fall under Lee County Procurement Ordinance No. 18-22, Section 3.8 which provides exemption from competitive solicitation for these types of purchases; however purchases of $100,000 or more require Board approval. The total expenditure is included in the FY21-22 Budget.

NATURAL RESOURCES
19.Approve Amendment to Grant for Sunniland/Nine Mile Run Drainage Improvements
Funding:
Current Year Dollar Amount:$300,000
Included in Current Budget?Yes
Fund:Other:
Capital Improvement Fund
Comments:
Item Summary:
Approves amendment #2 to Florida Department of Environmental Protection grant #LP3602B, which extends the grant expiration date to December 31, 2024 for the Sunniland/Nine Mile Run drainage improvements project.   The additional time is needed  due to delays associated with COVID-19 and the presence of gopher tortoise burrows within the project area. The grant agreement will reimburse Lee County for $300,000 in construction costs and is currently due to expire June 30, 2022.  Construction of the project is budgeted in the current fiscal year.
PARKS AND RECREATION
20.Approve CPA for Exotic Plant Removal in Wild Turkey Strand Preserve
Funding:
Current Year Dollar Amount:$233,730
Included in Current Budget?Yes
Fund:Other:
Capital Improvement-Environmentally Sensitive Land Management
Comments:
Item Summary:
Approves a County Project Authorization (CPA) for EarthBalance Corporation to perform exotic plant treatment on 882 acres of natural area within Wild Turkey Stand Preserve in the amount of $233,730.00. This project allows for a one time treatment targeting and eliminating invasive species such as melaleuca, brazilian pepper, guinea grass and caesar weed. Funding is included in the budget.
21.Approve Lease Agreement with Boca Grande Historical Society
Funding:
Current Year Dollar Amount:No funding required.
Included in Current Budget?N/A
Fund:N/A
Comments:
Item Summary:

Approve lease agreement which allows The Boca Grande Historical Society, Inc., a non-profit corporation, to operate a historical museum in the county's Teacherage Building at the Boca Grande Community Park. The Board of County Commissioners approved the initial lease agreement January 17, 2006, which will expire December 31, 2021. The term of this lease agreement is for a period of five years ending December 2026, with an option to renew for one additional five year term.  The lease rate is $1 per year.

22.Approve Lease Agreement with Boca Grande Woman's Club
Funding:
Current Year Dollar Amount:No funding required.
Included in Current Budget?No
Fund:N/A
Comments:
Item Summary:
Approve lease agreement which allows The Boca Grande Woman's Club, Inc., a non-profit corporation, to meet in the community center and operate a thrift store in the county's Teacherage Building at the Boca Grande Community Park. A portion of the thrift store's profits goes toward enhancing programs, activities and community events offered at the Boca Grande Community Center. The Board of Commissioners approved the initial lease agreement January 17, 2006, which will expire December 31, 2021. The term of this lease agreement is for a period of five years ending December 2026, with an option to renew for one additional five year term. The lease rate is $1 per year.
23.Approve Lease Agreement with Boca Grande Art Center
Funding:
Current Year Dollar Amount:No funding required.
Included in Current Budget?N/A
Fund:N/A
Comments:
Item Summary:
Approve lease agreement which allows The Boca Grande Art Center, Inc., a non-profit corporation, to operate an educational art center in the County's Dishong-Bowen Building at the Boca Grande Community Park. The Board of Commissioners approved the initial lease agreement January 17, 2006, which will expire December 31, 2021. The term of this lease agreement is for a period of five years ending December 2026, with an option to renew for one additional five year term. The lease rate is $1 per year.
PROCUREMENT MANAGEMENT
24.Approve Contract Extension for Fencing Services - Countywide
Funding:
Current Year Dollar Amount:See Comments below.
Included in Current Budget?
Fund:
Comments:Expenditures will be on an as needed basis, as approved in the departments' annual adopted budget.
Item Summary:
On October 3, 2017, the Board approved contracts under the formal solicitation for the purchase of Fencing Services for a term of one year with three one-year renewals, which have all been expended. The proposed Board action will extend the agreements with Century Fence Company, Inc., V Enterprises of SWFL dba Smith Fence Company of Ft. Myers, Backwoods Clearing and Services, Inc., and Ronald A. Beecroft, Inc., from December 11, 2021, through July 20, 2022. The extension will allow time for a formal solicitation to be completed. This is the first extension for this contract.
25.Approve Contract Amendment for Athletic Turf Maintenance & Reconstruction Services
Funding:
Current Year Dollar Amount:See Comments below.
Included in Current Budget?
Fund:
Comments:Expenditures will be on an as needed basis, as approved in the departments' annual adopted budgets.
Item Summary:
Approves a contract amendment with JSM Services, Inc., under the solicitation for Athletic Turf Maintenance and Reconstruction, authorizing a Consumer Price Index (CPI) increase of 4% for the price the price of athletic turf maintenance and reconstruction services. Total expenditures during Fiscal Year 2020-2021 were $1,816,466.52.
PUBLIC SAFETY
26.Approve Use of Premises Agreements for Emergency Disaster Response
Funding:
Current Year Dollar Amount:No funding required.
Included in Current Budget?N/A
Fund:N/A
Comments:
Item Summary:
Approval grants Lee County temporary use of twelve (12) properties owned by community partners in the event of a disaster response.  The locations may be used during emergency response for uses such as central staging, equipment location, emergency distribution point, a multi-agency coordinating center, disaster recovery center, etc.  Upon renewal, these agreements will remain in force for a period of five (5) years with the option to renew for an additional period of five (5) years.
SHERIFF
27.Approve Transfer from Law Enforcement Trust Funds Reserves
Funding:
Current Year Dollar Amount:$410,000
Included in Current Budget?No
Fund:Other:
Law Enforcement Trust
Comments:
Item Summary:
Proceeds from the collection of confiscated property are used for crime prevention and educational programs. In FY20-21, $308,816.06 was collected in the Law Enforcement Trust Fund #10500. The Lee County Sheriff’s Office is requesting a $325,000 transfer from reserves, of which $77,204 will be donated to non-profit organizations that enhance the Lee County Sheriff's goals and objectives. The Lee County Sheriff’s Office is requesting $85,000 from Law Enforcement Trust-Crime Prevention Fines reserves to purchase Neighborhood Watch signs, Crime Stoppers Signs and crime prevention equipment for Safe Neighborhood Programs in FY21-22.
28.Approve Lee County Sheriff's Office FY20-21 Year-End Close Out
Funding:
Current Year Dollar Amount:$0
Included in Current Budget?N/A
Fund:General Fund
Comments:
Item Summary:
Approve LCSO year-end budget adjustments to facilitate the reconsiliation of final expenditures with budgeted amounts for the annual financial report.  Carryover funds are to pay for vehicles and technology equipment that was ordered last year but has not been delivered.
29.Approve Expenditure of Fees Collected by Lee County Sheriff's Office
Funding:
Current Year Dollar Amount:$248,728
Included in Current Budget?Yes
Fund:General Fund
Comments:
Item Summary:
Approve FY20-21 expenditure of $248,728.37 of revenues collected from various fees and services by the Sheriff’s Office during the period of 07/17/2021 through 9/30/2021 Also, approve transfers within budget line items within the Sheriff’s Office allocation. The proceeds are used to offset expenses for false alarms and overtime associated with background checks and fingerprinting services, vehicle repairs, equipment purchases and fuel.
TRANSPORTATION
30.Approve Piggyback and Lease-Purchase of Sewer Cleaning and Excavation Vehicles
Funding:
Current Year Dollar Amount:$187,937
Included in Current Budget?Yes
Fund:Other:
Transportation Trust
Comments:
Item Summary:
Approves using pricing on the Florida Sheriffs Association Contract for a five-year lease of a Freightliner Chasis with Vac-Con body, a Vac-Con Sewer Combo Cleaner and a Menzi Muck excavator for a total amount of $902,684.94 with an annual payment of $187,937.47. The Vac-Con Sewer Combination Cleaner is used by DOT to maintain the County’s stormwater system and the Menzi Muck is used to maintain canals that have limited access.
VIDEO31.Approve Agreement to Join E-ZPass to Issue Multi-Protocol Transponders
Funding:
Current Year Dollar Amount:$270,000
Included in Current Budget?Yes
Fund:Enterprise
Comments:
Item Summary:
An approved E-ZPass Sponsored Affiliate Member Agreement will allow Lee County to issue special multi-protocol transponders that will work on both Florida and E-ZPass toll lanes. As a Sponsored Affiliate Member, Lee County transponders and electronic toll transactions on E-ZPass toll lanes will be processed through the Central Florida Expressway (CFX). The costs to complete the interoperability process will require software upgrades, a one-time $200,000 payment to CFX and a payment of $60,000 to the County’s toll software vendor (already included in a Board approved contract). Execution of this Agreement will allow the County to issue multi-protocol transponders that will work with 27 tolling agencies and 19 States throughout Florida and the northeast.
32.Approve Sole Source Purchase of Transponders for Electronic Toll Collection System
Funding:
Current Year Dollar Amount:$325,000
Included in Current Budget?Yes
Fund:Enterprise
Comments:
Item Summary:
Approve a Sole Source with Transcore, LP to purchase transponders for a one-year period in the amount of $325,000. For 24 years, Lee County has been using Transcore, LP (fka Amtech) to provide customers with transponders for electronic toll collection which will now include multi-protocol transponders that will work in E-Z Pass lanes. Transcore, LP is the only vendor capable of providing the software used in Lee County and is also the provider for all Florida Department of Transportation and Central Florida Expressway tolling lanes. Funding is available in the current year budget for this purchase.
VIDEO33.Approve Change Order for the Roundabout Design at Gateway Blvd. & Griffin Dr.
Funding:
Current Year Dollar Amount:$153,822
Included in Current Budget?Yes
Fund:Other:
Transportation Capital Improvement
Comments:
Item Summary:
Approves a Change Order to the Supplemental Task Authorization (STA) with Cardno, Inc., for the design of a fountain in the proposed roundabout at Gateway Boulevard and Griffin Drive in the negotiated amount of $153,822.00. The Gateway Services Community Development District (GSCDD) has agreed to operate and maintain the fountain once installed. LCDOT staff worked with the design engineer that is completing the roundabout design to negotiate a cost to incorporate a fountain in the roundabout. Construction costs of the feature are expected to add $500,000 to the project.
34.Approve Amendment to Annual Contract for Landscape Maintenance and Mowing
Funding:
Current Year Dollar Amount:$2,240,668
Included in Current Budget?Yes
Fund:Other:
Transportation Trust
Comments:
Item Summary:
Approves a contract amendment with P & T Lawn & Tractor Service, Inc., under the solicitation for Landscape Maintenance and Mowing for DOT, to increase the price for the landscape maintenance and mowing services. Total expenditures during Fiscal Year 2020-2021 were $2,196,733.48. The total negotiated CPI increase is 2% across all pay items and sections, acknowledging that the current CPI may be 6%. Estimated per year price is expected to be $2,240,668.15, an estimated increase of $43,934.67. Funding is available in the current year budget.
UTILITIES
35.Direct to Public Hearing a Resolution Adopting Revised Utilities Miscellaneous Fees
Funding:
Current Year Dollar Amount:No funding required.
Included in Current Budget?No
Fund:Enterprise
Comments:
Item Summary:

Authorizes staff to schedule a Public Hearing to consider a resolution adopting revised Lee County Utilities Miscellaneous Service Charges.  These Miscellaneous Service Fees were last modified and Board approved in August 2011.  A “Water and Wastewater Miscellaneous, Wholesale and Connection Fee Study” was performed by Lee County Utilities’ financial rate consultant, Raftelis and issued in September 2020.  The final report recommended fee changes and the creation of several new fees.  The fees will offset increases in the annual consumer price index and help fund future projects such as the Three Oaks Wastewater Treatment Plant Expansion, Southeast County Water Reclamation Facility, force main and Gateway expansion projects.
 
The proposed resolution does not include recommendations for monthly water and sewer user rates and therefore, monthly customer billing for services will not be increased by this action. 

36.Award Construction Contract for Filter Air Supply System Modification
Funding:
Current Year Dollar Amount:$182,413
Included in Current Budget?Yes
Fund:Enterprise
Comments:
Item Summary:
Awards a competitively bid construction contract to Quality Enterprises USA, Inc., the lowest bidder for the installation of an air supply header pipe and associated structural supports at the Corkscrew Water Treatment Plant in the amount of $182,412.90. The modification will improve the efficiency of routine filter backwash operations and extend the life of the piping and aeration system at this facility. The County received five bid submittals for this solicitation. The Board of County Commissioners approved project funding as part of the FY22 Utilities Capital Improvement Program. The total estimated project cost is $254,927. Construction is anticipated to begin in 2022.
37.Approve Piggyback and Lease-Purchase of Vactor Vacuum Trucks
Funding:
Current Year Dollar Amount:$178,266
Included in Current Budget?Yes
Fund:Enterprise
Comments:

This is an annual amount budgeted for FY22. The same amount will be budgeted for FY23 – FY26.

Item Summary:

Awards a piggyback lease-purchase of two Vactor 2100i Vacuum Trucks using the Sourcewell Contract with Environmental Products Group, financed through Signature Public Funding Corporation in the total amount of $891,328.17, paid in five annual payments of $178,265.63. The trucks will be used for tasks such as water and sewer pipe cleaning, stoppage removals, and excavations. Funds are budgeted and were approved starting in FY22 and Board approved on September 21, 2021.

VISITOR AND CONVENTION BUREAU
ADMINISTRATIVE AGENDA

COMMUNITY DEVELOPMENT
VIDEO1.Authorize Committee Review of Mining-Related LDC Revisions
Funding:
Current Year Dollar Amount:No funding required.
Included in Current Budget?N/A
Fund:N/A
Comments:
Item Summary:

Commences committee review of a draft Land Development Code (LDC) revision that adds increased depth within an approved mining footprint to the categories that can be pursued as a limited amendment to existing mine zoning approvals. Section 12-121(j) already allows for limited amendments for dewatering or extension of the mine duration. These limited amendments still undergo a full public hearing process through the Hearing Examiner and the Board of County Commissioners. A depth increase request would require review of an updated traffic impact statement; surface and groundwater modeling; a description of the groundwater/surface water monitoring system; soil boring analysis; a list and map of surrounding property owners; a narrative describing the effect on mine operations and equipment, neighboring uses, on-site and surrounding hydrogeologic conditions, wetlands and watershed protections, wildlife conservation, and transportation routes; and copies of Federal and State permit applications.

 

Additional amendments that would bring the existing mine into greater compliance with current regulations can also be requested in conjunction with the limited amendment requests. An amendment to the Mine Development Order (MDO) must also be approved before any of the additional activity can commence.

COUNTY ATTORNEY
VIDEO2.Certify Publication of Newly Established County Commission District Boundaries
Funding:
Current Year Dollar Amount:No funding required.
Included in Current Budget?
Fund:
Comments:
Item Summary:
Complies with statutory requirements to enter the proof of publication of new district boundaries into the Minutes of the Board.
PARKS AND RECREATION
VIDEO3.Award Contract for New Shade Structures at Multiple Lee County Parks
Funding:
Current Year Dollar Amount:$341,119
Included in Current Budget?Yes
Fund:Other:
Regional and Community Park Impact Fees
Comments:
Item Summary:
This item awards a contract to Industrial Shadeports, Inc. to install shade structures at Buckingham, Lakes, Matlacha, Veterans and Hunter Parks. The new shade structures will provide relief and comfort to the patrons that visit the various playgrounds and water features where the shade structures will be installed. These shade structures are anticipated to be installed during this fiscal year at a cost of $341,119.00. Funding is included in the budget.
PROCUREMENT MANAGEMENT
VIDEO4.Authorize Continuation of Negotiations for Waterway Estates Development
Funding:
Current Year Dollar Amount:No funding required.
Included in Current Budget?N/A
Fund:N/A
Comments:
Item Summary:
Authorizes negotiations with SH Marinas, LLC to pursue an agreement for the future development, operations, and maintenance of the Waterway Estates site; a final negotiated agreement would be submitted to the Board for approval. Approves permissive use license agreement to provide SH Marinas, LLC and/or its agents physical access to the Waterway Estates site to conduct due diligence for a period of ninety (90) days.
VIDEO5.Award Contract for Management Consulting Services for American Rescue Plan
Funding:
Current Year Dollar Amount:See Comments below.
Included in Current Budget?
Fund:
Comments:Expenditures paid by ARPA funds not to exceed administrative costs of 3% of total award.
Item Summary:
Approves a contract with Ernst & Young U.S. LLP to provide management consulting services for use in the Treasury’s federal compliance in ARPA guidelines and related funding utilizing the State of Florida contract that was competitively solicited. Expenditures will be on an as-needed basis for an initial term of three years, and renewals up to three additional years, as approved in the departments’ annual adopted budgets.
UTILITIES
VIDEO6.Award Construction Contract for Force Main Replacement & Reuse Main Upgrade Phase I
Funding:
Current Year Dollar Amount:$8,581,862
Included in Current Budget?Yes
Fund:Enterprise
Comments:
Item Summary:
Awards a competitively bid construction contract to Andrew Sitework, LLC, the lowest bidder for the Summerlin Road Force Main Replacement and Fiesta Village Waste Water Treatment Plant Reuse Main Upgrade – Phase 1 project in the amount of $8,581,862.00. The County received five bid submittals for this solicitation. The project includes the construction of a force main ranging in size from 16-inch to 24-inch and a reuse main ranging in size from 20-inch to 30-inch. The reuse main in this contract will connect to the project known as Fiesta Village Waste Water Treatment Plant Reuse Main Upgrade Phase II, which will allow the transfer of reuse water between the two wastewater plants for distribution to customers or disposal in deep injection wells.

The Board of County Commissioners approved the project funding as part of the FY22 Utilities Capital Improvement Program. This project's total estimated cost is $9,465,002.00, and construction is anticipated to begin in January of 2022.
VIDEO7.Award Construction Contract for Fiesta Village Plant Reuse Main Upgrade Phase II
Funding:
Current Year Dollar Amount:$5,259,314
Included in Current Budget?Yes
Fund:Enterprise
Comments:
Item Summary:
Awards a competitively bid construction contract to Accurate Drilling Systems, Inc., the lowest bidder for the Fiesta Village Waste Water Treatment Plant Reuse Main Upgrade Phase II project in the amount of $5,259,314.20. The County received six bid submittals for this solicitation. The project includes construction of a 24-inch diameter reuse main between Fiesta Village WWTP and Fort Myers Beach WWTP that will allow transfer of reuse water between the two wastewater plants for disposal in site deep injection wells.

The Board of County Commissioners approved the project funding as part of the FY21 Utilities Capital Improvement Program. This project's total estimated cost is $6,371,114.20, and construction is anticipated to begin in January of 2022.
VISITOR AND CONVENTION BUREAU
VIDEO8.Approve Interlocal Agreements with Beach and Shoreline Funding Recipients
Funding:
Current Year Dollar Amount:$4,540,684
Included in Current Budget?Yes
Fund:Other:
Tourist Development Tax
Comments:

 




Item Summary:
Finalizes Interlocal Agreements between Lee County and the Barrier Island Parks Society, Captiva Erosion Prevention District, City of Cape Coral, City of Fort Myers,Town of Fort Myers Beach, City of Sanibel and State of Florida DEP for seventeen (17) separate Lee County Beach & Shoreline Projects receiving Tourist Development Tax funding in the total amount of $4,540,684. 
PUBLIC HEARING - 9:30 AM

VIDEO1.Authorize Issuance of Housing Finance Authority Single Family Mortgage Revenue Bonds
Funding:
Current Year Dollar Amount:No funding required.
Included in Current Budget?N/A
Fund:N/A
Comments:
Item Summary:
Authorizes the Housing Finance Authority of Lee County (HFA) to issue its Single Family Mortgage Revenue Bonds, in one or more series, in an aggregate principal amount not to exceed $50,000,000, to be used pursuant to the plan of finance specified in the attached Resolutions. While ratification of such action by the Lee County BoCC is required under Chapter 159, F.S., no financial or administrative costs accrue to Lee County.
VIDEO2.Public Hearing: Approve Resolution of Intent to Collect Non-Ad Valorem Special Assessments
Funding:
Current Year Dollar Amount:No funding required.
Included in Current Budget?
Fund:Other:
Comments:
Item Summary:

This Public Hearing will allow for the collection of assessments for newly created and/or completed projects:

 

  • Telegraph Creek Bridge Repair CIP MSBU;
  • Tropical Point Park Mangrove Pruning O&M MSBU;
  • Heritage Farms O&M MSBU;
  • Galt Island Ave O&M MSBU;
  • Whiskey Creek Channel Dredge CIP MSBU; and
  • Bristol Road Paving & Water CIP MSBU.  

 

Florida Statute § 197.3632, requires a Resolution of Intent prior to Jan. 1, 2022, for the option to use the Uniform Method of Collection for Non-Ad Valorem Special Assessments on the November tax bill.

VIDEO3.Public Hearing: Create Boca Grande Historic District Commercial Sidewalk Use Ordinance
Funding:
Current Year Dollar Amount:No funding required.
Included in Current Budget?N/A
Fund:
Comments:
Item Summary:
Allows certain commercial businesses within the Boca Grande Historic District to use the adjacent sidewalk for commercial purposes in conjunction with their permitted commercial use. This includes the placement of items such as tables, chairs, benches, portable outdoor heaters, planters, temporary signage, sales racks, and other similar objects. The commercial use of the sidewalk must not block or impede pedestrian traffic, and all items must be removed and stored when the business is closed.
VIDEO4.Public Hearing: Amend Medical Examiner Cremation Fee Ordinance
Funding:
Current Year Dollar Amount:No funding required.
Included in Current Budget?No
Fund:General Fund
Comments:
Item Summary:
This item increases the cremation fee imposed on all funeral homes from $50 to $60 per Medical Examiner authorization for the cremation. The last time the fee was increased was April 2015. The Medical Examiner is requesting the increase to help defray costs of providing the cremation authorizations, including staff time of physicians and forensic investigators, and storage of records in accordance with state regulations. This increase will reduce the general subsidy for the authorizations as a cremation authorization, on average, is estimated to cost between $163 and $175.
VIDEO5.Public Hearing: Ordinance Repealing Lee County Ordinance No. 88-24
Funding:
Current Year Dollar Amount:No funding required.
Included in Current Budget?N/A
Fund:
Comments:
Item Summary:
Ordinance 88-24, relating to minimum standards for food establishments and food vendors, has become outdated since the dissolution of the Department of Health and Rehabilitative Services in 2013. Staff recommends repealing this Ordinance in conjunction with the enactment of the county’s mobile food vendor regulations.
VIDEO6.Public Hearing Continuation: Repeal Taxicab/Vehicle for Hire Ordinance Nos. 11-25 & 15-05
Funding:
Current Year Dollar Amount:No funding required.
Included in Current Budget?N/A
Fund:N/A
Comments:
Item Summary:
Repeals Ordinance Nos. 11-25 and 15-05 and no longer regulate taxicab and vehicle for hire companies. Repeal of Ordinance 15-05 does not affect Lee County Port Authority’s Ground Transportation Policy Section 740, as amended by Lee County Board of Port Commissioners Resolution 20-11-08P. The Port Authority shall continue to have all rights to regulate ground transportation services at Southwest Florida International Airport and Page Field as authorized by the Airports Rules and Regulations Ordinance 94-09, as amended, and other applicable laws and regulations.
VIDEO7.2nd Public Hearing: Ordinance Amending LDC Chapters 33 and 34 - Mobile Food Vendors
Funding:
Current Year Dollar Amount:No funding required.
Included in Current Budget?N/A
Fund:
Comments:
Item Summary:
The proposed revisions will establish county-wide regulations of mobile food vendors that are in compliance with the State's preemption law, including to define locations and provide standards of operation while mitigating impacts to surrounding locations.
WALK ON AGENDA

VIDEO1.Award Grant to Captiva Planning Panel for Infrastructure & Rate Analysis for Septic Conversion
Funding:
Current Year Dollar Amount:$60,000
Included in Current Budget?N/A
Fund:Enterprise
Comments:
Item Summary:
Awards grant funding in the amount not to exceed $60,000 from Lee County to the Captiva Community Planning (Captiva Panel) to secure professional services needed to complete further evaluation of septic conversion options for wastewater collection and treatment. The analysis will determine if improvements are needed to the transmission lines to accommodate Captiva flow to the Donax Water Reclamation Facility. A rate study will provide the recommended rates and connection fees for new Captiva customers. The Amendment to the Captiva Community Panel Planning Agreement, dated May 5, 2021, between the Captiva Panel, City of Sanibel and the County will be presented for BoCC execution after all parties reach consensus.