District #1 District #2 District #3 District #4 District #5 John Manning Cecil L. Pendergrass Larry Kiker Brian Hamman Frank Mann Chair Vice Chair
Roger Desjarlais Richard Wm. Wesch County Manager County Attorney August 18, 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: Russell Howard, McGregor Baptist Church
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
Page 1 CEREMONIAL PRESENTATIONS
1. Presentation of the 2nd Quarter Employee Length of Service Awards (#20150434-HUMAN RESOURCES)
AGENDA ITEMS
ANIMAL SERVICES
1. Accept donation from the Estate of Donald J. Biggs for Lee County Domestic Animal Services ($2,000; Lee County Animal Trust Fund, Not Included in Budget.): Allows acceptance of funds from the Estate of Donald J. Biggs left to LCDAS in the amount of $2,000 and allows the Chair to sign the MetLife Life Insurance Claim Form. (#20150422-ANIMAL SERVICES)
COMMUNITY DEVELOPMENT
2. Reduce mowing and unsafe building liens of $8, 913.72 to $0 as requested by Habitat for Humanity (No funding required.): This will remove code enforcement assessment liens on two properties to allow the properties to be donated to Habitat for Humanity (see request dated July 8, 2015). The lien removal does not affect the budget. (#20150448-COMMUNITY DEVELOPMENT)
CONSTITUTIONAL OFFICERS
3. File and record proof of publication of unclaimed cash bond refunds in the Minutes of the BOCC (No funding required.): Pursuant to Chapter 116.21, Florida Statutes, notifies criminal and civil cash bond depositors of unclaimed funds held by the Clerk of Courts (#20150439-CLERK OF COURTS)
4. 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. (#20150440-CLERK OF COURTS)
5. Approve extension of the 2015 Tax Roll (No funding required.): Allows the Tax Collector to mail 2015 tax notices on or before November 1, 2015; to collect and distribute tax revenue to taxing authorities before completion of the Value Adjustment Board hearings. (#20150453-TAX COLLECTOR)
6. Amend Resolution No. 14-08-14 relating to the County's Child Support Depository Funds (Federal CSE Reimbursement.): The purpose of this amendment is to clarify the language in the resolution and remove reference to “incentive funds”. (#20150455-CLERK OF COURTS)
Page 2 COUNTY LANDS
7. Approve purchase of Parcels 214, 214-PE, 214-TCE for the Homestead Road Widening Project 5063 (Purchase Price: $10,000; Closing Costs, including recording fees and title expenses, are estimated to be $1,250; Road Impact Fees; Included in FY 2014/2015 CIP Budget; Transportation.): Approve purchase in the amount of $10,000, for Parcels 214 (400 sq. ft. fee-simple), 214-PE (300 sq. ft. easement), 214-TCE (938 sq. ft. easement), from an improved commercial property, for Homestead Road Project 5063. Construction of this 2.26 mile widening project, from south of Sunrise Blvd to north of Alabama Rd, is planned for fiscal year 2015/16. (#20150442-COUNTY LANDS)
8. Commence negotiations for Parcel 397-2, Conservation 20/20 Program (No funding required.): Implements the recommendation of the Conservation Land Acquisition and Stewardship Advisory Committee (CLASAC) for Staff to pursue the acquisition of Parcel 397-2, containing approximately 0.3 acre of environmentally sensitive land located on Cayo Costa Island - STRAP Numbers: 07-44-21-01- 00005.0090 and .010A. Seller’s asking price is $29,000 for two residential lots ($96,667 /acre), which staff considers to be high. Seller indicates willingness to negotiate. (#20150443-COUNTY LANDS)
9. Reconvey easement located in Section 4, Township 48 South, Range 25 East, in Bonita Springs (No funding required.): Approve reconveyance of an easement not being utilized for the intended purpose back to the fee simple owner of the property, 3725 Bonita, LLC, a Florida Limited Liability Company, in Section 4, Township 48 South, Range 25 East, in the City of Bonita Springs. (#20150444-COUNTY LANDS)
10. Accept Deed of Conservation Easement & approve Subordination Agreement for FP&L Easement (Closing Costs, including recording fees, are estimated to be $100.): Accepts a Deed of Conservation Easement, never formally accepted by Lee County, and approves a Subordination Agreement to allow for an FP&L Easement for underground improvements within a portion of the conservation area to facilitate the Pinewoods Wellfield Electrical Upgrade Project No. 7607. Construction of this project is underway. (#20150446-COUNTY LANDS)
11. Approve Resolution of Necessity (128-PE/128-TCE) for the Homestead Road Widening Project 5063 (No funding required.): Authorize staff to pursue acquisition of Parcels 128-PE and 128-TCE, for the Homestead Road Widening Project 5063, through condemnation proceedings, if the parcels are not voluntarily acquired. Widening of this 2.26-mile segment, from south of Sunrise Boulevard to north of Alabama Road, is planned for construction in FY 2015/16. (#20150447-COUNTY LANDS)
COUNTY MANAGER
12. Present Quarterly Reporting of Expenditures for County-Sponsored Functions ($46,393.39.): This is the quarterly reporting of expenditures for county-sponsored functions. For the 3rd quarter FY14- 15 the amount was $46,393.39. Much of this is grant sponsored or privately funded. This reporting is required by Lee County Ordinance #90-18. (#20150430-COUNTY MANAGER)
13. Approve proceeds from reserves for CenturyLink Sports Complex stadium improvements (Move $833,500 from GC5890131505.509930 Tourist Development Tax Revenue Bond 94/04 Reserves Contingency to 20214731505.506540 Twins Spring Training Facility Improvements): Allows the transfer of Tourist Development Tax Revenue bond escrow reserve funds to the capital improvement construction fund. This will allow additional capital maintenance improvements to be completed at the stadium under the current capital improvement project, including concourse work and decking, shade canopy, power, and parking lot striping and sealing. (#20150414-COUNTY MANAGER)
Page 3 14. Approve the SWFL Workforce Development Board's proposed FY15-16 budget (No funding required.): Formalizes the Lee County Board of County Commissioners' acceptance of the proposed 2015-2016 Southwest Florida Workforce Development Board, Inc. (SWFWDB) budget. Thereafter, and with the approval of the other Consortium counties, the SWFWDB can submit its 2015-2016 budget to Workforce Florida, Inc. as required by state law. (#20150463-ECONOMIC DEVELOPMENT)
FACILITIES CONSTRUCTION AND MANAGEMENT
15. Approve Waiver # W-150405 for the Pinewood Trails Park ($377,888; Community Park Impact Fees; $336,690 budgeted; an additional $41,198 will be transferred from reserves to cover the remaining costs.): Authorizes Lee County to act as its own Construction Manager, as opposed to engaging a contractor through the competitive solicitation process, with respect to the construction of Pinewood Trails Park. Construction of the park will include an ADA accessible trail, two shade structures, tables and benches and a parking lot that is ADA accessible. This park will provide the community with a location to exercise, view sunsets and learn about native plants and animals. Sections of the trails will be ADA accessible. The estimated total cost to design and construct Pinewood Trails Park is $377,888. This project was planned and all but $41,198 is included in the current budget. (#20150379-FACILITIES CONSTRUCTION AND MANAGEMENT)
16. Approve Award of Bid for Janitorial Services for the Public Safety Building ($198,000; General Fund; Included in Budget.): Approves the award of Formal Bid No. B-150273 Annual contract for Janitorial Services for the Public Safety Building. This item provides Janitorial Services for the Public Safety Building for a term of one year with four additional one-year renewal periods. The estimated annual expenditures for these services are $198,000.00. (#20150450-FACILITIES CONSTRUCTION AND MANAGEMENT)
HUMAN SERVICES
17. Approve submission of the 2015 Challenge Grant application to fund programs for the homeless (Up to $200,000; State of Florida Grant; Not Included in Budget.): Allows Lee County to apply on behalf of the Lee County Continuum of Care for state funding for local homeless projects, which will be administered by the Department of Human Services and local non-profit agencies. (#20150427-HUMAN SERVICES)
18. Accept funding from Fort Myers Police Department to continue the Truancy Assistance Program ($31,480; State Grant through General Fund; Not Included in Budget.): Accepts revenue from the City of Fort Myers Police Department in the amount of $31,480 to continue the Truancy Assistance Program which serves approximately 25 youth from July 1, 2015 to June 30, 2016. (#20150435-HUMAN SERVICES)
19. Accept Housing Opportunities for People with AIDS Program (HOPWA) Grant ($100,000; General Fund-Grant funds; Not Included in Budget.): Provides Housing Opportunities for People with HIV/AIDS grant funds to financially assist people with HIV/AIDS to prevent homelessness, to re-house homeless households or assist with utility costs between July 1, 2015 and June 30, 2016. (#20150438-HUMAN SERVICES)
Page 4 INFORMATION TECHNOLOGY GROUP
20. Approve Information Technology & Telecommunications Outsourcing Services ($92,000; General Fund; Included in Budget.): Approve Change Order 2 in the amount of $42,000 for MyCity CockPit SaaS Services and Change Order 3 in the amount of $50,000 for MyCity CockPit Department Expansion. (#20150406-INFORMATION TECHNOLOGY GROUP)
LIBRARY
21. Approve the Library 2015-2018 Strategic Plan (No funding required.): Approval of the Library 2015 – 2018 Strategic Plan will allow the Library to submit the Plan to the State of Library Division. To be eligible for the State Aid to Libraries Grant, which is likely to be in excess of $700,000 this year, the applicant shall have on file with the State Library Division a copy of their strategic plan as approved by the Library’s governing body on or before October 1, 2015. (#20150419-LIBRARY)
22. Recognize the receipt of Library donations ($950.95; Library; Not Included in Budget.): Recognizes the receipt of and authorizes a budget adjustment in the amount of $350.95 for a donation from the Friends of Captiva Library for the purchase of 6 Kik Step Stools and $600 from the Friends of Dunbar Jupiter for the Summer Reading Program. (#20150432-LIBRARY)
NATURAL RESOURCES
23. Approve funds for the removal of abandoned/derelict vessel throughout Lee County waterways ($75,000; Capital Improvement - Florida Boater Improvement Program; Not Included in Budget; Tourism.): Provides funding for the removal of derelict / abandoned vessels throughout Lee County for the remainder of this fiscal year. Currently, there are not enough funds budgeted to remove all the vessels in need. This new (additional) funding will allow Lee County to stay current or ahead of the need for their removal. (#20150421-NATURAL RESOURCES)
PARKS AND RECREATION
24. Approve restoration of native/historic hydrology for Pine Lake Preserve ($156,800; Capital Improvement-Environmentally Sensitive Land Management; Included in Budget; Conservation 20/20.): This item is for the approval of STA No.6 in the amount of $156,800.00 for restoration of native/historic hydrology, the reconnection of flows between the remnant/historic flow of the Imperial River and the Kehl Canal and the creation of regionally significant wading bird habitat in southern Lee County for Pine Lake Preserve by EcoPlanz. The added dollars total $156,800.00, bringing the overall total to EcoPlanz contract amount to $254,600.00. This project is being conducted on Pine Lake Preserve, a Conservation 20/20 preserve. This project will be eligible for TMDL credits. The County will fully pay for the design and permitting to ensure that the project meets the needs of the preserve’s restoration needs and is in accordance with the BoCC approved Land Management Plan. A separate agreement (forthcoming) will allow the County and City of Bonita Springs to partner on the project, allowing both entities to gain TMDL credits. Each jurisdiction will get the proportionate share of the costs for the project. (#20150423-PARKS AND RECREATION)
Page 5 25. Approve Galt Preserve ditch cleanout license agreement (No funding required; Board Strategic Priority; Conservation 20/20.): This License Agreement allows King Ranch, Inc. access to Galt Preserve to clean a remnant agricultural ditch. The adjoining agricultural operation (King Ranch, Inc.) has authorization from the South Florida Water Management District (Permit exemption 36-05803-P) to discharge agricultural runoff through the ditch that crosses a portion of Galt Preserve. The adjacent agricultural property is using best management practices as part of their agricultural operation and will pre-treat water on their land before it flows into the ditch on Galt Preserve. This agreement allows King Ranch, Inc. or their contractors to clean the ditch periodically in accordance with the above referenced permit exemption and with notice and consent of the county. (#20150425-PARKS AND RECREATION)
PROCUREMENT MANAGEMENT
26. Approve the annual purchase of Fungicides, Herbicides, Pesticides, etc. for Countywide use (200,000; Funding available from purchasing departments.): Approves the annual award of B-150352 Annual Purchase of Fungicides, Herbicides, Pesticides, Etc. for Countywide use to the bidders meeting specifications Red River Specialties, Inc., Helena Chemical Co. Rainbow Treecare Scientific Advancements, for an annual expenditure of $200,000. This will allow County Departments to purchase fungicides, herbicides, pesticides, etc. in a cost effective manner directly from the vendor rather than paying an extra charge to another party. (#20150424-PROCUREMENT MANAGEMENT)
PUBLIC SAFETY
27. Renew property use agreement between Lee County and First Baptist Church of St. James City (No funding required.): Renewal of this agreement, voluntarily and without further compensation, grants Lee County permission for the temporary use of First Baptist Church of St. James City property, located at 3417 8th Avenue, St. James City, for emergency relief and recovery efforts for a period of five (5) years. (#20150404-PUBLIC SAFETY)
28. Approve Second Amendment to the Lee County Alico Tower Antenna Site Lease Agreement (No funding required.): This second amendment of the original agreement provides the Licensee with the opportunity to move forward with equipment upgrades and provides the County with an additional $200 per month in License Fees. (#20150374-PUBLIC SAFETY)
SOLID WASTE
29. Amend Interlocal Agreement with Charlotte County for Solid Waste Disposal on Gasparilla Island (No funding required.): Provides uninterrupted solid waste collection and disposal service to Lee County residents on Gasparilla Island. (#20150441-SOLID WASTE)
30. Extend the Agreement that provides for solid waste & recycling collection on Gasparilla Island (Enterprise Fund; Included in Solid Waste System Ops – Disposal Facilities Budget; Managing Growth.): Provides a term extension of five years, through September 30, 2020, to the service agreement between Lee County and Waste Management, Inc. for solid waste and recycling collection services to the residents and businesses on the Lee County portion of Gasparilla Island. Conditions of this agreement provide that collection services and the fees for such services are the same as those established for residents and businesses in Charlotte County. (#20150445-SOLID WASTE)
Page 6 TRANSIT
31. Approve the purchase of ten (10) Paratransit vehicles for Lee Tran ($999,350; Federal Grant from the Federal Transit Administration (FTA); Not included in budget-100% FTA Grant funded, on a reimbursement basis; BOCC Strategic Priority 4.): Allows Lee Tran to replace ten (10) Paratransit vehicles that have exceeded their useful life. (#20150426-TRANSIT)
TRANSPORTATION
32. Approve Amendment 1 to the Construction Manager at Risk Phase II - Estero Blvd Improvements (DOT: ($6,907,046.32); Gas Taxes; Included in Budget, Strategic Planning Initiative; Transportation Utilities: ($3,217,044.93); Enterprise Fund; Included Budget.): Provides Lee County DOT and Lee County Utilities with a CMAR for Phase II, Segment 1 improvements to Estero Blvd, from Crescent Street to Lovers Lane for a Guaranteed Maximum Price (GMP) of $10,124,091.25. (#20150451-TRANSPORTATION)
UTILITIES
33. Approve the lease of a 2015 Vac-Con Truck for Lee County Utilities for five years ($86,069.90 annually; Enterprise Fund; Included in the LCU operating budget.): Approves the 5 year lease agreement of a Vac-Con Vacuum Truck from Southern Sewer Equipment Sales through Leasing 2, Inc. for use by Lee County Utilities. (#20150437-UTILITIES)
9:30 AM PUBLIC HEARINGS
1. Adopt and certify the Resolution allowing collection of MSBU non-ad valorem special assessments (Owners are to pay assessment through established Municipal Service Benefit Units on the 2015 tax roll.): Annual request for adopting and certifying the Resolution to Certify will allow staff to proceed with the collection of Non Ad Valorem Special Assessments using the Uniform Method of Collection for the following Municipal Service Benefit Units: Anchorage Intracoastal Canal Dredging, Cherry Blueberry Improvements, Cherry Estates Operation and Maintenance, Country Estates Street Lighting, Country Lakes Street Lighting, Dewberry Lane Special Improvements, Gasparilla Island Special Improvements, Golden Lake Heights Street Lighting, Old Pelican Bay Channel/Canal Dredging, Pine Lake Street Lighting, River Forest Street Lighting, Sheltering Pines Mobile Home Village Special Improvements, University Overlay Operation and Maintenance, Airport Woods Sewer, Bal Isle Sewer, Briarcrest Sewer, Charlee Road, Cottage Point Water, Country Triple Crown Water, Diplomat Parkway, Emily Lane Water Sewer, Harbor Drive Road Paving, Iona Shores Waterline, McGregor Isles Canal/Channel Dredging, McGregor Village Sewer, Pine Island Shore Dredging, Pinecrest Riverview Road, Port Carlos Cove Channel Dredge, Rainbow Farms Waterline, San Carlos Island Drainage, South Pebble Broken Arrow Road, Western Acres Road Paving, Whiskey Creek Canal, Old Pelican Bay Dredge, and Cherry Estates Parkway Road Improvement. (#20150429-FACILITIES CONSTRUCTION AND MANAGEMENT)
Page 7 WALK-ON AGENDA
1. Schedule attorney/client session to discuss settlement negotiations related to Archer Western Contractors, LLC, v. Lee County, E.C. Driver & Associates, Inc., URS Corp., and James M. Phillips, III, P.E. (No funding required.): Provides for an attorney/client session to discuss settlement negotiations or strategy sessions related to litigation expenditures in the case of Archer Western Contractors LLC v. Lee County, E.C. Driver & Associates. The opening of the public meeting will convene in the County Commission Chambers, and will adjourn to a closed session in the Lee Room. Upon conclusion of the closed session, the public meeting will reconvene in the County Commission Chambers. (#20150477-COUNTY ATTORNEY)
2. Approve Lease Agreement for the temporary Lee Tran Fort Myers Beach Park and Ride site ($5,250 Annually; Transit Operating Fund for Land, Building and Parking Leases): Entering into this lease will provide Lee Tran with a temporary Fort Myers Beach Park & Ride site until the expected completion time of its permanent Park and Ride facility at 11101 Summerlin Square Drive. (#20150436-COUNTY LANDS)
CARRY-OVER AGENDA
1. Commence negotiations for Parcel 536, Conservation 20/20 Program (No funding required.): Implements the recommendation of the Conservation Land Acquisition and Stewardship Advisory Committee (CLASAC) for Staff to pursue the acquisition of Parcel 536, containing approximately 579 acres of environmentally sensitive land located between Corkscrew Road and Corkscrew Swamp Sanctuary two miles west of the county line - STRAP Numbers: 27-46-27- 00-00001.0010; -00002.0000; -00002.0010; -00100.0010; and 34-46-27-00-00001.0000. Seller’s asking price is $5,790,000 ($10,000 per acre) which staff considers to be high. Seller indicates willingness to negotiate. (#20150303-COUNTY LANDS)
2. Approve 2014/2015 Historic Preservation Grant Assistance Program award agreements ($100,000; Unincorporated Area MSTU; Included in Budget.): Approves Historic Preservation Grant Assistance Program award agreements totaling $100,000 for eight rehabilitation projects at historic properties in Lee County. (#20150378-COMMUNITY DEVELOPMENT)
Page 8