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MAY 6, 2014
The
Regular Meeting
of the
was held on this date with the
following Commissioners present:
The Chairman called the meeting to order at 9:30 a.m. Commissioner Manning requested a Moment of
Reflection due to the recent passing of his friend, former DeSoto County Administrator C. Guy Maxcy, who also
PRESENTATIONS
“Wi Fi”
, a two-year old
female Pointer Mix, as Animal Services’ May 2014 Showcase Pet of the Month, and informed that the monthly
adoption promotion is $40 for dogs over 40 pounds, and for cats the fee = day of the month
(i.e., $1- May 1
st
to $31- May
31st
). (#
20140196-
Animal Services)
Commissioner Manning read and presented a Resolution declaring May 10, 2014 as
National Letter Carriers’ Food
Drive Day,
encouraging everyone to participate in this commendable cause. Food Drive Chair/Letter Carrier George
Sciascia, Harry Chapin Food Bank CEO Al Brislain, and Harry Chapin Food Bank Associate Director Joyce Jacobs
accepted the Resolution and thanked the Board for the recognition. (#
20140201-
Commissioner Manning)
Commissioner Hamman read and presented a Resolution declaring May, 2014 to be
Bike Month
. Bicycle Pedestrian
Advisory Committee Chairman (BPAC) Keith Kibbey, joined by BPAC members Andy Getch, Ileana Sisson, and
Bike-to-School Day,
May 12-16
th
as
Bike-to-Work Week
, and Friday, May 16
th
as
, and thanked the Board for supporting
this cause. (#
20140202-
Commissioner Hamman)
ANNOUNCEMENTS
Referring to the Agenda
Recap
Sheet dated May 5, 2014, the Chairman announced that there were no changes to the
Agenda.
The following are the Consent Agenda items that each Board member wished to have discussed:
Commissioner Kiker - Item 8
Commissioner Hamman – Items 27, 36
Commissioner Pendergrass - None
Commissioner Manning – Item 10
Commissioner Mann –Items 3, 4, 5, 33, 37
9:30 A.M. AGENDA ITEM
- Public Comment on Agenda Items:
The Chairman called for public comment on agenda items and the following citizen came forward:
AGENDA ITEMS
1. COUNTY MANAGER – Approve final post-audit adjustments to CAFR fund balances:
This agenda item is the final adjustments to fund balances to appropriately reflect changes
required by the audited Comprehensive Annual Financial Report (CAFR). The Board approved
preliminary adjustments (pre-audit) on December 17, 2013. The CAFR was adopted April 1 and
these are the post-audit adjustments required to “true-up” budget to actuals. These changes
increase budgeted General Fund reserves by $1,526,254, and other fund balances by $5,797,657.
The activity in budgeted General Fund Reserves for September 30, 2014 is as follows:
(#
20140206-
COUNTY MANAGER
)
Budgeted Balance (9-30-14) $ 94,264,913
APPROVED MINUTES OF 050614R
Sheriff’s bonuses (12-17-13) $ ( 1,000,000)
Supv. of Elections Equip. (4-1-14) ( 749,846)
Final Adjustments (5-6-14) 1,526,254
New projected balance
$ 94, 041,321
Commissioner Manning moved approval, seconded by Commissioner Mann, called and carried.
RESOLUTION NO. 14-05-01
2. ECONOMIC DEVELOPMENT – Revises Hertz Incentive Agreement to reflect current
schedules:
The
First Amendment to the Hertz Agreement
amends the original agreement to reflect changes in
the required performance dates for accomplishing specified levels of capital improvements by the
company. The two recommended date revisions amend the original schedule to reflect current
construction and capital investment schedules. There is no change in funding requirements.
(#20140224-
ECONOMIC DEVELOPMENT)
2
Commissioner Manning moved approval, seconded by Commissioner Mann, called and carried.
ITEMS 3 AND 4 WERE HEARD SIMULTANEOUSLY
3. COUNTY MANAGER – Investigate refinancing options for Five-Cent Local Option Gas
Tax Bonds:
This item authorizes staff to start the process for possibly refinancing of the county’s Five-Cent
Local Option Gas Tax Refunding Revenue Bonds, Series 2004. These bonds were originally
issued in 1995 (and refinanced in 2004) to pay for the corridor improvements on either side of the
Midpoint Bridge. The principal remaining is $14.2 million to the term in 2020. This is a
candidate for a bank loan or refunding bonds. There is a potential to save $1.1 million over the
remaining life, or 9%. This authorizes Administration to pursue selection of bond counsel,
Request for Proposal (RFP) for either banks or underwriters, and the preparation of refinancing
documents. (#
20140219-
COUNTY MANAGER)
PULLED FOR DISCUSSION
Commissioner Mann moved approval, seconded by Commissioner Manning, called and carried.
ITEMS 3 AND 4 WERE HEARD SIMULTANEOUSLY.
4. COUNTY MANAGER – Investigate refinancing options for Transportation Facilities
Revenue Bonds:
This item authorizes staff to start the process for possibly refinancing of the county’s
Transportation Facilities Revenue Bonds, Series 2004B, 2005A, and 2005B. The Series 2004B
and 2005A bonds were for the refinancing of the Midpoint Bridge construction in 1995. The
Series 2005B bonds were for the construction of the Sanibel Causeway bridges in 2005. The
principal remaining is $125.7 million through 2035. This is a candidate for refunding bonds with
a potential savings of $3.4 million (10.64%) for Series 2004B, $3 million (10.17%) for Series
2005A, and $1.5 million (6.71%) for a partial refunding of Series 2005B. This authorizes
Administration to pursue selection of bond counsel, Request for Proposal (RFP) for either banks
or underwriters, and the preparation of refinancing documents. (#
20140231-
COUNTY
MANAGER)
PULLED FOR DISCUSSION
Responding to a question by Commissioner Mann, Dunlap & Associates Vice President Kelly Ryman explained the
refinancing process for revenue bonds. Commissioner Mann moved approval, seconded by Commissioner Manning,
called and carried.
5. CONSTRUCTION & DESIGN – Contract with
to complete spring
training facility:
This item is to contract with the Construction Manager (CM) to construct the final phase of
improvements to the Twins Spring Training facility. Phase II completes the project as planned and
approved by the BoCC on November 6, 2012 and Blue Sheet No. 20120979 is attached. Final
phase is to be complete prior to the start of the 2015 Spring Training Season and will begin the
new 30 year lease with the Twins. Funding for all phases of the project consists of State Grant
County Bond proceeds from 2013 issuance in the amount of $41,868,173, and the $5,871,502
sinking fund. The project costs have exceeded the budget projections due to improving economy
APPROVED MINUTES OF 050614R
3
and additional large construction projects in the area which have both contributed to increasing
cost of construction. Costs overages have been reduced as much as possible through proposed
construction efficiencies, modification of methods and minor scope changes. The resulting
increases of approximately $2,600,000 will be entirely covered within the approved funding
model by replacing the debt service reserve fund with insurance and using the debt service reserve
organization. The cost, even with the increase will still be within the funding sources previously
referenced and dedicated to this project. This final phase of work will generally consist of
expansion of concourses, concession area improvements, new team store, improved seating and
stadium access, added elevator and improved speeds, expansion of major league club house and
renovations and additions to Twins and Miracle office space. (#
20140235-
CONSTRUCTION
AND DESIGN)
PULLED FOR DISCUSSION
President Dave St. Peter to the meeting today, reaffirmed that baseball in Lee County continues to thrive due to being
funded by our flourishing Tourism Industry/Bed Tax, and moved approval of the item, seconded by Commissioner
Manning. Commissioner Hamman commended Staff’s innovative efforts in this endeavor. The motion was called
and carried.
RESOLUTION NO’s 14-05-02 THROUGH 14-05-07
renovation project:
contractor through the competitive solicitation process with respect to the renovation of the Pine
Island Library. Establishment of the
project budget will
provide funds to enlarge the library’s community meeting room from a maximum capacity of 32
people to 100. This larger room will provide sufficient space to accommodate a variety of library
and Friends’ sponsored activities and programs for children, teens and adults as well as
vital service for the island. Addressing inadequate storage space and enlarging the restrooms to
accommodate handicap accessibility will also enhance and extend the useful life of this older
facility. (#
20140221-
CONSTRUCTION AND DESIGN)
Commissioner Manning moved approval, seconded by Commissioner Mann, called and carried.
7. CONSTRUCTION & DESIGN – Approve Casey Construction as CM for Galt Preserve
($1,454,573.11):
Approval provides Construction and Design with a Construction Management team,
Inc.
d/b/a Casey Construction under RFQ1300021, which is qualified and local to oversee and
manage improvements to Conservation 20/20 property known as Galt Preserve. Improvements to
the Conservation 20/20 Preserve include the construction of a boardwalk, fishing pier, dock, three
picnic shelters, composting restroom, handicap accessible trails as well as wilderness trails. It
also approves a
Budget Transfer
in the amount of $200,000.00 from Conservation 20/20
Maintenance Fund Reserves to the Galt Preserve Project and amendment of the FY 13/14
accordingly. The anticipated total cost of this project $1,691,674. The County has received
$1,491,675 in Florida Communities Trust (FCT) grant funds, which will cover the majority of
project design and construction costs. (#
20140223-
CONSTRUCTION AND DESIGN)
Commissioner Manning moved approval, seconded by Commissioner Mann, called and carried.
8. COUNTY LANDS – Commence negotiations for a Conservation 20/20 parcel in Bonita
Springs:
Authorization to commence negotiations for a Conservation 20/20 parcel: If approved, this item
will implement the recommendation of the Conservation Land Acquisition and Stewardship
Advisory Committee (CLASAC) to pursue the acquisition of Parcel 514, containing
approximately 40 acres of environmental sensitive land located at 25346 Pioneer Road, Bonita
Springs, and further identified as STRAP No 24-47-26-00-00005.0000. The Division of County
Lands will handle the negotiation process. (#
20140215-
COUNTY LANDS)
PULLED FOR DISCUSSION
The Chairman called for public comment and the following comments were offered:
Marisa Carrozzo-
representing the Conservancy of SWFL
APPROVED MINUTES OF 050614R
4
Chairman of the Conservation Land Acquisition & Stewardship Advisory Committee (CLASAC) George Wheaton
provided a brief overview of the property. Commissioner Kiker noted his objection to obtaining any additional
appraisals, and Commissioner Manning moved approval, subject to a final purchase price as negotiated and appraisals
to be brought back to the Board for final consideration and vote, seconded by Commissioner Mann. The motion was
called and carried, with Commissioner Kiker voting nay.
Myers:
Authorization to commence negotiations for a Conservation 20/20 parcel: If approved, this item
will implement the recommendation of the Conservation Land Acquisition and Stewardship
Advisory Committee (CLASAC) to pursue the acquisition of Parcel 515, containing
approximately 1 acre of environmental sensitive land located south of property located at 10040
00034.0050. The Division of County Lands will handle the negotiation process. (#
20140216-
COUNTY LANDS)
Commissioner Manning moved approval, seconded by Commissioner Mann, called and carried.
Park:
Grant of
Utility Easements
to the Florida Governmental Utility Authority (FGUA) for the North
20140218-
COUNTY
LANDS)
PULLED FOR DISCUSSION
Commissioner Hamman moved approval, seconded by Commissioner Pendergrass, called and carried, with
Commissioner Manning abstaining (
Form 8-B
on file in the Minutes Office).
funds:
Increases the
budget from $186,103 to $412,994. The grant
funds provide job training, homeless prevention, and rapid re-housing services. The grant funds
are for the period of October 1, 2013 through September 30, 2014. (#
20140220-
HUMAN
SERVICES)
Commissioner Manning moved approval, seconded by Commissioner Mann, called and carried.
RESOLUTION NO. 14-05-08
12. PUBLIC RESOURCES – Direct repeal Cable Television Franchise ordinances to public
hearing:
In 2007, the Florida Legislature approved the Consumer Choice Act, which established a
requirements for cable providers, including collection of franchise fees. The Consumer Choice
Act provides that these local franchises are terminated upon the issuance of a state certificate.
Thus, local governments no longer receive revenue under locally negotiated franchise agreements.
Television Franchises. (#
20140171-
PUBLIC RESOURCES)
Commissioner Manning moved approval, seconded by Commissioner Mann, called and carried
.
13. PUBLIC RESOURCES – Transfer $28,510 from Town & River MSTU reserves for seawall
repairs:
Municipal Services Taxing Unit fund transfer in the amount of $28,510. Allows for the
transfer
of
$28,510 from the Town & River District account reserves to cover the expense of seawall repairs
at two sections on Cypress Lake Drive, as approved by the Town & River Advisory Committee.
(#
20140169-
PUBLIC RESOURCES)
Commissioner Manning moved approval, seconded by Commissioner Mann, called and carried
.
Administration regulations. All Federally funded transit agencies must have a current adopted
Substance Abuse Policy for safety sensitive employees pursuant to 49 CFR, Part 40 and Part 655.
been revised to reflect updates as required by the Federal Transit Administration. Major updates
include language for Alcohol Misuse and Testing, language for Refusing to Submit to an Alcohol
or Drug Test and language for an Observed Urine Drug Collection. To be fully compliant with
County’s Governing Board. (#
20140210-
TRANSIT)
Commissioner Manning moved approval, seconded by Commissioner Mann, called and carried
.
15. SOLID WASTE – Select primary and secondary
contractors
for E-Scrap program
($250,000/year):
Approves formal award of Bid 14044 for the Solid Waste Department’s
electronic equipment (E-Scrap) collection and recycling program to
Diversified Asset Recovery,
LLC
as a secondary back up contractor. The E-Scrap collection program is for reuse, recycling
and management in accordance with all applicable regulations in lieu of abandonment and
destruction of E-Scrap materials. (#
20140156-
SOLID WASTE)
Commissioner Manning moved approval, seconded by Commissioner Mann, called and carried
.
($259,909):
Association competitive solicitation Process) of $259,909. This purchase is budgeted for FY14
and allows the Solid Waste Division to provide uninterrupted customer and processing service. It
provides the necessary equipment required to support ongoing operation with an aging (solid
waste) fleet. (#
20140203-
SOLID WASTE)
Commissioner Manning moved approval, seconded by Commissioner Mann, called and carried
.
17. SOLID WASTE – Award
($250,000/year):
Approves formal award of Bid 140065 for the transport and disposal/recycling of Household
Chemical Waste (HCW) collected by the Solid Waste Department at its Topaz facility and
community collection events. The HCW material will be taken to an Environmental Protection
Agency (EPA) permitted Transportation/Storage/Disposal Facility for subsequent
disposal/recycling in a manner permitted by applicable laws and regulations. Funding for this
contract is included in the Department’s FY14 budget. (#
20140209-
SOLID WASTE)
Commissioner Manning moved approval, seconded by Commissioner Mann, called and carried
.
Community Center:
Approves a
license agreement
space within the Boca Grande Community Center to facilitate the provision of recreational and
educational programs to the youth and adults in the Boca Grande community. This Agreement is
for a period of five years with the option to renew for one additional five year period. (#
20140179-
PARKS AND RECREATION)
Commissioner Manning moved approval, seconded by Commissioner Mann, called and carried
.
Baseball:
Assignment of Lease Agreement
with SJS Beacon Baseball, LLC for the continuation of Minor
is assignable subject to the County’s prior consent. By approving and executing the proposed
Assignment of Lease Agreement, the Board would be granting its consent, which will be effective
upon the closing of the equity transfer transaction followed by receipt of all necessary professional
baseball approvals. Under the terms negotiated regarding acceptance of the assignment, the
executed Assignment of Lease Agreement will become part of the closing documents. Upon
APPROVED MINUTES OF 050614R
5
completion of the transaction, the County staff understands Beacon will assume control, retain
current Miracle staff, and enter into a consulting/management agreement with the current Miracle
owners that will extend at least three years from closing date, ensuring not only a smooth
transition but continuity in the operation and maintenance of the ball club. (#
20140205-
PARKS
AND RECREATION)
Commissioner Manning moved approval, seconded by Commissioner Mann, called and carried
.
purposes:
This
Addendum to the original Agreement,
voluntarily and without further compensation, grants
relief and recovery efforts. In the event of a natural disaster, such as a hurricane or other
emergency situation, the County needs to access lands that provide appropriate and central staging
areas. The original agreement was approved 4/5/2011, for a period of five (5) years with the option
to renew for an additional period of five (5) years. (#
20140176-
PUBLIC SAFETY)
Commissioner Manning moved approval, seconded by Commissioner Mann, called and carried
.
21. PUBLIC SAFETY – Share costs and use of emergency notification system via Interlocal
Agreement:
Code Red Emergency Notification System provides public safety agencies the ability to quickly
deliver emergency notification messages to targeted areas or the entire county. The system can
place both Geography Based calls, meaning street addresses are required to ensure emergency
notification calls are received by the proper individuals in a given situation, and list based calls.
The system works on cell phones also, but it has to be associated with a street address to provide
relevant messages. The
interlocal agreement
Port Authority to continue to share use and cost of the Code Red Emergency Notification System.
Each party submitted to the collective project oversight group the available funds earmarked for
enter into a contractual agreement with the Emergency Communication Network, LLC (Code
Red). (#
20140182-
PUBLIC SAFETY)
Commissioner Manning moved approval, seconded by Commissioner Mann, called and carried
.
22. TRANSPORTATION – Accept a sidewalk easement along Cypress View Drive:
This item dedicates an
easement
to the County along Cypress View Drive for a sidewalk built on
private property. Acceptance of the easement allows the County perpetual use of the sidewalk
which was constructed as a requirement per the Land Development Code No. 10-256 and provides
20140189-
TRANSPORTATION)
Commissioner Manning moved approval, seconded by Commissioner Mann, called and carried
.
23. TRANSPORTATION – Award three boring services contracts (cumulative value NTE
$300,000/year):
three vendors
to perform directional bore services
installation of conduits/pull boxes for fiber optics, traffic signals, street lighting, Intelligent
natural disaster or traffic related intersection damage. The total cumulative value of the three
contracts will not exceed $300,000.00 per year without additional Board approval; and, the
contracts will be valid for a period of two years with three one-year renewal options. Funding for
this contract will come from various capital projects and various operating accounts, the funds
utilized will primarily be local option gas taxes and unincorporated MSTU. The contract prior to
not anticipate the need to use all $300,000 per year unless boring services are required due to an
emergency. (#
20140190-
Commissioner Manning moved approval, seconded by Commissioner Mann, called and carried
.
APPROVED MINUTES OF 050614R
6
This item documents the Board’s formal acceptance for maintenance of 2,700 feet of Playa Del
Sol Boulevard and 900 feet of De Navarra Parkway rights-of-way, located in The Estates at
over maintenance responsibility for 3,600 feet of four-lane arterial roadway (including a round-
Coral. The developer of the Estates at Entrada built the road sections a few years ago and is now
requesting the County take over maintenance responsibility. This action acknowledges the
developer’s compliance with AC 11-7 (Road Maintenance Acceptance Policy), including
submittal of the deed for the right-of-way, certified construction plans, engineer’s letter of
substantial compliance, the certificate of compliance and final construction costs. Added annual
maintenance costs are estimated to be $8,000 and would be covered in DOT’s annual operating
budget. (#
20140192-
Commissioner Manning moved approval, seconded by Commissioner Mann, called and carried
.
($138,698.80):
This item is for approval of CH2M Hill, Inc. (an international consultant with a local office in
Naples, FL) to perform the alternatives evaluation, design, plan preparation and permitting of
roadway safety improvements and signal replacement at the College Parkway and Whiskey Creek
Drive/Edison Parkway Intersection, as well as some potential bicycle lane improvements on
Whiskey Creek Drive. The design of the proposed improvements will cost $138,698.80 and
include: re-designing the College Parkway westbound left turn lane to Edison Parkway to improve
visibility for the opposing (eastbound College Parkway to Whiskey Creek) left turn improvements,
replacing the “strain pole-span wire” structures for the signal, improving Americans with
Disabilities Act accessibility at the corners, and evaluating the ability to include bicycle lanes via
minor widening and drainage improvements along Whiskey Creek Boulevard from College
Parkway to just north of Presidential Court. This design project has an estimated completion time
Program with local option gas taxes. Construction is anticipated to be programmed in the FY
Signals/Minor Intersection project. On-going maintenance costs are not known at this time but
will be developed and considered as construction plans are developed. (#
20140194-
Commissioner Manning moved approval, seconded by Commissioner Mann, called and carried
.
($172,400):
resurfacing improvements along Fiddlesticks Boulevard from the entrance to Fiddlesticks Country
Club to Daniels Parkway, at a cost of $172,400. These funds are budgeted in the FY 2013/14 CIP
with local option gas taxes. Construction of these improvements is programmed with local option
gas taxes and road impact fees in FY 2014/15. Tasks under this STA are estimated to be
construction and can complete closeout of any permits after construction. Estimated annual
maintenance costs for the 1.5 miles of pathway are anticipated to be $2,811.88 per year once
construction is complete, and would be funded in DOT’s Operating budget with Unincorporated
MSTU funds. (#
20140195-
Commissioner Manning moved approval, seconded by Commissioner Mann, called and carried
.
($1,492,222.25):
This item is for the approval of
, (a local consultant) to develop roadway
design plans and utility relocation/replacements plans for the widening of Alico Road to four
Road. The design will cost $1,492,222.25; will consider accommodating alternative modes of
transportation, including pedestrians, bicycles, and transit; and, will be in conformance with the
Alico Road Alignment Study adopted by the Board on June 11, 2013. Professional services for
APPROVED MINUTES OF 050614R
7
8
replacing existing water main, and a new reuse main in coordination with the roadway widening
improvements. Post Design Services, including construction observation services, will be
approved at a later date, as an amendment to Task 3.8 though the CO/STA process. Funds for this
Utilities portion is funded through user fees. Construction is funded in FY 2017/18 with a
user fees, for a total estimated project cost of $16,750,001, which includes landscaping in FY
2018/19 (general fund). (#
20140207-
PULLED FOR DISCUSSION
The Chairman called for public comment and the following citizen came forward:
FGCU Innovation Hub Partner
Rich Galvano
Following response by Assistant County Manager Doug Meurer to questions by Commissioners Hamman and Kiker,
with input provided by County Manager Roger Desjarlais, Commissioner Hamman moved approval of the item with a
request that Staff revisit the scope of the project pursuant to this discussion, seconded by Commissioner Pendergrass,
called and carried
.
–
Award annual fiber optic cable contracts to four vendors (NTE
$500,000/year):
vendors
to provide fiber optic cable,
parts, and installation for Lee County projects on an as-needed basis. This annual contract can also
that affects the existing fiber optic equipment. The total expenditure for all contracts will not
exceed $500,000.00 per year without additional Board approval. Each contract will be valid for a
period of one year with three one-year renewal options. Funding for this annual contract will come
from various capital projects and various operating accounts, the funds utilized will primarily be
local option gas taxes and unincorporated MSTU. The prior annual contract prior for these
services encompassed a total expenditure of $1,062,000 over four years, an average of $265,500
due to an emergency. (#
20140208-
Commissioner Manning moved approval, seconded by Commissioner Mann, called and carried
.
treatment:
services for a portion of County sewerage at the City’s Central and South Waste Water Treatment
Plants. LCU anticipates payment of the cost for services in the amount of approximately
$7,360,517 based on the City’s budgeted operations costs and $261,442.32 for the flat fee
amortization for the debt-funded CIPs. In addition, the County will pay $434,133.53 in
adjustments to previous annual true-ups paid by the County. The funds for these payments are
20140164-
UTILITIES)
Commissioner Manning moved approval, seconded by Commissioner Mann, called and carried
.
30. UTILITIES – Approve $149,770 Change Order for FGCU Off-Site Utility Improvements
project:
Continue existing Professional Services Agreement with Greeley and Hansen established to
project. Previous authorizations for services included the completion of the planning, modeling,
design, permitting and bidding stages of the project. Approval of this Change Order No. 2 will
authorize construction observation services for a not-to-exceed amount of $149,770, bringing the
total contract amount to $428,690 (Contract No. 5887). The current construction cost estimate is
(#
20140185-
UTILITIES)
Commissioner Manning moved approval, seconded by Commissioner Mann, called and carried
.
31. UTILITIES – Award $2,682,000 contract to Cardinal Contractors for Fiesta Village WWTP
project:
APPROVED MINUTES OF 050614R
9
Approves formal bid B-130604 Fiesta Village WWTP Switchgear and Generator Replacement, to
the lowest responsive, responsible bidder,
Cardinal Contractors, Inc.
, and authorizes execution of
Utilities with a qualified contractor to construct and install a new Class 1 reliable service entrance
switchgear, electrical service, and generator system to replace outdated and unreliable equipment.
Funding for this contract will be available in the FY13/14 Utilities CIP Budget upon BoCC
approval of the requested
budget transfers.
Fund: Utilities Rehabilitation & Replacements;
Program: Capital Projects; Project: Fiesta Village WWTP Switchgear and Generator
Replacement. The design/consulting services for this project were funded in the FY11/12 CIP
budget with the balance and encumbrances carried over into the FY12/13 and FY13/14 CIP
budget. Construction funds were budgeted in the FY13/14 CIP budget; however, the bid amounts
came in higher than expected. Funds in the amount of $1,250,130 are requested to be transferred
from three LCU projects that are not yet in the construction phase, these projects include: (1)
Reuse System and Site Improvements project; (2) NLC WTP Well Expansion to 15 MGD project;
these projects will not be used this current FY13/14 budget cycle due to postponements or
reprioritizing. The NLC WTP Well Expansion to 15 MGD project design, permitting and
property acquisitions have been postponed and will be re-budgeted for FY15/16. The Estero Blvd.
Blvd Improvements project with construction anticipated in a future year. (#
20140204-
UTILITIES)
Commissioner Manning moved approval, seconded by Commissioner Mann, called and carried
.
32. UTILITIES – Award $3,575,000 contract to Cardinal Contractors for Pinewoods WTP
project:
Approves the Award of Construction contract to
Cardinal Contractors, Inc.
in the amount of
$3,575,000.00. Approves formal bid B-140126 Pinewoods Water Treatment Plant Wellfield
Electrical Upgrade, to the lowest responsive, responsible bidder, Cardinal Contractors, Inc., and
authorizes execution of the construction contract for the amount of $3,575,000.00. The project
service feed busses and fiber optic communication within the Pinewoods Water Treatment Plant
budget upon BoCC approval of the requested
budget transfer.
(#
20140212-
UTILITIES)
Commissioner Manning moved approval, seconded by Commissioner Mann, called and carried
.
project:
Based on the presentations and the firms’ ability to demonstrate their qualifications, past
experience, and full understanding of the project, the firms were ranked in the following order: 1)
Construction Management team, Garney Companies, Inc., under RFQ140096, that is qualified to
which includes drilling aquifer wells, deep injection wells, installation of new well water
pipelines, and the construction of a new 14 MGD potable water treatment plant. The total
estimated project cost is $70.7 million, including construction, professional engineering services
Utilities Enterprise by bond revenue Series 2013A and user fees. (#
20140213-
UTILITIES)
PULLED FOR DISCUSSION
Responding to a question by Commissioner Mann, Utilities Director Pam Keyes provided a brief project overview,
including funding mechanisms. Commissioner Mann moved approval, seconded by Commissioner Manning, called
and carried.
project:
Establishes the ranking of firms responding to Competitive Negotiation – CN140104 Pinewoods
Water Treatment Plant Wellfield Electrical Upgrade and authorizes staff to negotiate a
engineering support and construction observation services. The estimated construction costs,
excluding these services, is $3.6M and is included in the LCU FY13/14 CIP budget, after approval
of needed budget transfers requested when the contractor bid award is brought before the BoCC
APPROVED MINUTES OF 050614R
10
for authorization. (#
20140214-
UTILITIES)
Commissioner Manning moved approval, seconded by Commissioner Mann, called and carried
.
35. UTILITIES
–
Approve $1,430,000 STA for Three Oaks WWTP Oxidation Ditch
Improvements project:
Treatment Plant (WWTP) Oxidation Ditch Improvements project including the design and
permitting services, by amending the existing Professional Services Agreement. The consultant,
CDM Smith, Inc., will complete these services for an amount of $1,430,000, increasing the total
contract amount to $1,593,000. Phase 2 also includes construction administration services, which
will be negotiated and brought back for BoCC authorization as a separate Supplemental Task
Authorization under the Agreement, if it is determined that doing so is in the best interest of the
County. This Action also provides a
budget transfer
Budget to fund this phase of the project. At the BoCC’s discretion, this contract may be further
amended, through a Supplemental Task Authorization, to allow CDM Smith, Inc. to provide the
construction administration services as part of Phase 2. This future Supplemental Task
Authorization will be presented to the Board for formal consideration and approval. The current
opinion of probable construction cost is $17 Million to improve the existing plant to meet the
current permitted capacity of 6 MGD, with a total project estimated cost in the amount of $21
Million. (#
20140222-
UTILITIES)
Commissioner Manning moved approval, seconded by Commissioner Mann, called and carried
.
limits:
term limits for County Commissioners based on a request by Commissioner Hamman and
consensus by the Board at their regularly scheduled meeting of Tuesday, January 21, 2014. In
order to provide staff with direction on how to proceed, the item now comes before the Board for
official action. The Board’s options include: direct staff to take no further action; direct staff to
schedule a public hearing of the Board to consider whether or not to amend the County Charter
Ordinance No. 08-15 by incorporating the proposed amendment relating to term limits for County
Commissioners; wait until Charter Review Commission reviews Charter and makes
recommendations to Board. (#
20140187-
COUNTY ATTORNEY)
PULLED FOR DISCUSSION
Commissioner Hamman informed that he had received a number of communications from the public supporting term
limits for County Commissioners, and moved to hold a Public Hearing on June 3, 2014. Following extensive
discussion by the individual Commissioners, with legal direction provided by County Attorney Richard Wm.Wesch,
Commissioner Hamman amended his motion to include three consecutive four-year terms (beginning after the next
election), including a one-year vacancy, seconded by Commissioner Pendergrass, called and carried, with
Commissioners Mann and Manning dissenting.
37. COUNTY ATTORNEY – Approve legal services retainer extension for up to $175,000 over
five years:
Provides the County with legal counsel that has demonstrated experience and expertise in the areas
of electric power sales and regulations, waste to energy contracts, contracting negotiations, and
20140188-
COUNTY ATTORNEY)
PULLED FOR DISCUSSION
County Attorney Richard Wm.Wesch provided clarification to questions by Commissioner Mann. Commissioner
Mann moved approval, seconded by Commissioner Manning, called and carried.
38. SHERIFF’S OFFICE – Authorize application for federal Bulletproof Vest Partnership
grant.
Vest Partnership. Federal regulations controlling the grant require BoCC authorization to apply for
bulletproof vests with grant funds. There is a 50% match from LCSO's FY13-14 operating
budget. (#
20140197-
SHERIFF'S OFFICE
Commissioner Manning moved approval, seconded by Commissioner Mann, called and carried
.
APPROVED MINUTES OF 050614R
11
39. SHERIFF’S OFFICE – Apply for federal grant and update MOU for Operation
Stonegarden:
2) Authorizes BoCC chairman to sign an updated
memorandum of understanding
for Operation
Stonegarden grant 13DS-B8-09-46-23-407. This request authorizes LCSO to submit application,
Security for Operation Stonegarden. Funding is intended to enhance cooperation and coordination
among local, tribal, territorial, state and federal law enforcement agencies in a joint mission to
secure the U.S. borders along routes of ingress from international borders. The MOU spells out
coordination, allocation of resources and reimbursement of $90,000 in funding for Operation
Stonegarden. There is no match requirement. (#
20140198-
SHERIFF'S OFFICE)
Commissioner Manning moved approval, seconded by Commissioner Mann, called and carried
.
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.
(#
20140199-
FINANCE)
Commissioner Manning moved approval, seconded by Commissioner Mann, called and carried
.
41. CLERK OF COURTS – Approve Minutes for meetings of the Board of County
Commissioners:
Approval of the Board Minutes, pursuant to Florida Statute 286.011. (#
20140229-
MINUTES)
Commissioner Manning moved approval, seconded by Commissioner Mann, called and carried
.
42. CLERK OF COURTS – Present report on select financial activity for the month of March
2014:
This is a monthly, information report from the Clerk of Court’s Office that provides interim
information on selected revenues, expenses, fund balances, reserves and investments.
(#
20140230-
FINANCE)
Commissioner Manning moved approval, seconded by Commissioner Mann, called and carried.
9:30 AM PUBLIC HEARING
1. COMMUNITY DEVELOPMENT
Vacate part of a drainage and lake maintenance easement for a pool enclosure on a residential lot
drainage and utility conditions and the easements are not necessary to accommodate any future
drainage and/or utility requirement.(#
20140154-
COMMUNITY DEVELOPMENT)
Affidavit of Publication
as to legal form and sufficiency and
briefly reviewed the item. The Chairman called for public comment; however, no one came forward. Commissioner
Manning moved approval, seconded by Commissioner Pendergrass, called and carried.
RESOLUTION NO. 14-05-09
2. COMMUNITY DEVELOPMENT
easement will not alter existing drainage and utility conditions and the easement is not necessary
to accommodate any future transportation, drainage and/or utility requirement.(#
20140165-
COMMUNITY DEVELOPMENT)
Affidavit of Publication
as to legal form and sufficiency and
briefly reviewed the item. The Chairman called for public comment but no one came forward. Commissioner
Manning moved approval, seconded by Commissioner Mann, called and carried.
RESOLUTION NO. 14-05-10
3. COMMUNITY DEVELOPMENT
Vacate a public utility easement in Lehigh Acres for construction of a commercial building.
(#
20140048-
COMMUNITY DEVELOPMENT)
APPROVED MINUTES OF 050614R
12
Affidavit of Publication
as to
legal form and sufficiency. The Chairman called for public comment but no one came forward. Commissioner
Manning moved approval, seconded by Commissioner Mann, called and carried.
RESOLUTION NO. 14-05-11
COMMISSIONER ITEMS
FLORIDA FOREVER PROGRAM-Pursuant to Commissioner Manning’s request, there was Board
consensus for direction to Staff to analyze and bring back a proposal by the Estero Council of Community Leaders
(ECCL) for a resolution which would amend The Florida Constitution directing 20% of Documentary Stamp Tax
Revenues to the Florida Forever Program.
SPEED POLITICS EVENT-Commissioner Hamman expressed his appreciation to the Commissioners
ROUTE 82 IMPACT FEE CREDITS-Commissioner Kiker informed that he was requested by the City
CLERK OF COURTS AUDIT OF BoCC EXPENSES-Following Board discussion of the Clerk of
Court’s audit of Board expenses, consensus was for direction to the County Attorney to draft an administrative policy
and procedure for international travel by the BoCC and bring it back for discussion. Commissioner Hamman reported
that the office budget for District Four was significantly reduced in comparison to previous years.
STATEMENT OF GRATITUDE-Pursuant to a request by Commissioner Kiker, there was Board
consensus for a resolution (Copy on file) extending gratitude to the Florida Legislature for actions recognizing the
water quality and economic development needs of SWFL; commending the Lee County Legislative Delegation for
efforts in securing support for the County’s legislative priorities; and, urging approval by the Governor of funding
appropriated by the Legislature for local water quality and economic development capital projects.
RESOLUTION NO. 14-05-12
COMMITTEE APPOINTMENTS
CHERRY ESTATES SPECIAL
IMPROVEMENT COMMITTEE
, seconded by Commissioner Mann, called and carried.
Commissioner Pendergrass moved to appoint Randal Zavada to the
ADJUSTMENT BOARD
, seconded by Commissioner Manning, called and carried.
CONSERVATION LANDS ACQUISITION & STEWARDSHIP COMMITTEE (CLASAC
), and Carl Barraco,
Jr. to the
EXECUTIVE REGULATORY OVERSIGHT COMMITTEE
, seconded by Commissioner Mann, called
and carried.
COUNTY MANAGER ITEMS
County Manager Roger Desjarlais discussed the following items:
▪ Reminder: BoCC Workshop-Today/@1:30 p.m./Conference Room #118, Admin East Bldg.
Stewardship Committee (CLASAC) in the process for making recommendations [Discussed during
Commissioners’ Items]
▪ Board consensus to send a
letter of qualified support
Water Interconnect (Copy on file) to the Governor.
COUNTY ATTORNEY ITEMS
PUBLIC PRESENTATION OF MATTERS BY CITIZENS
:
APPROVED MINUTES OF 050614R